When ICE Knocks: How Churches Should Respond to Immigration Enforcement

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Introduction: Understanding the Issue

In recent weeks, I have received numerous questions from church leaders and security teams about what to do if Immigration and Customs Enforcement (ICE) shows up at their church. This concern reflects broader national tensions surrounding immigration enforcement, religious freedom, and the role of churches in providing sanctuary.

Historically, ICE has followed a "sensitive locations" policy, generally avoiding enforcement actions at places of worship, but this is subject to change based on evolving policies and legal challenges. As a result, churches must be prepared to navigate this complicated issue with both biblical wisdom and legal awareness.

At the heart of this discussion are two key principles: obedience to lawful authority and the call to show compassion to the vulnerable. Church leaders must balance these responsibilities while ensuring they do not unknowingly place their congregation or ministry in legal jeopardy.

This guide will break down the biblical foundation for addressing this issue, the legal considerations that churches should understand, and practical advice for church security teams when faced with an ICE enforcement action.

Disclaimer: This document is for informational purposes only and does not constitute legal advice. Church leaders and security teams should consult with their church’s legal counsel or an attorney specializing in immigration law to ensure compliance with all applicable laws and policies.

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Biblical Perspective on Law and Compassion

The issue of immigration enforcement at churches requires a balanced approach that upholds both biblical principles and legal obligations. Scripture provides clear guidance on how Christians should interact with governing authorities and how they should demonstrate compassion to others.

Submission to Governing Authorities

• Romans 13:1-7 – Governing authorities are established by God, and Christians are called to obey the law. Law enforcement officers, including immigration officials, serve as instruments of order within society.

• 1 Peter 2:13-17 – Believers should submit to human institutions unless laws contradict God's commands.

Compassion and Ministry to Strangers

• Leviticus 19:33-34 – Treat foreigners with kindness, remembering Israel's own history.

• Matthew 25:35 – Jesus calls for hospitality and care for strangers.

When Civil Disobedience Is Justified

• Acts 5:29 – Obey God rather than men when laws contradict His commands.

Key Takeaway

Churches should uphold biblical principles by respecting legal authority while also demonstrating compassion to those in need. If a church is placed in a situation where law and faith seem to conflict, church leaders should prayerfully discern the appropriate course of action while maintaining a commitment to both truth and grace.

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Legal Considerations for Churches

Understanding the legal framework surrounding ICE enforcement actions at churches is critical for making informed decisions. While churches have certain legal protections, they must also comply with federal immigration laws where applicable.

Sensitive Locations Policy

ICE has historically followed a policy of avoiding enforcement actions at "sensitive locations" such as churches, schools, and hospitals. However, this policy is subject to change based on shifting political and legal dynamics. Churches should not assume blanket protection and should remain aware of current guidelines.

Judicial Warrants and Church Compliance

A judicial warrant, signed by a judge, grants ICE the authority to enter private areas of a church to make an arrest. If ICE presents a judicial warrant, church staff should verify its authenticity by looking at the date it was signed, the address and buildings to be searched, and, lastly, look for a judge's signature. Unlike an administrative warrant, which lacks judicial oversight, a valid judicial warrant carries the full weight of legal authority, and the church must comply. An administrative warrant, which is issued by ICE rather than a judge, does not authorize entry into private areas. Churches are not legally obligated to comply with administrative warrants alone. If presented with one, church leadership should politely decline access unless ICE officials can provide a judicial warrant or meet the criteria for exigent circumstances. Churches are not legally required to comply with an administrative warrant alone.

Be careful, though. If ICE or ANY police officer is in fresh pursuit, or they have exigent circumstances, DO NOT INTERFERE with them. The front of your church is not the appropriate place for a debate in these situations. Ask the agent or police officer for a supervisor and then lodge a complaint if you think it is necessary.

Fresh Pursuit and Exigent Circumstances

Law enforcement, including ICE, may enter church property without a warrant under fresh pursuit if they are actively chasing a suspect who enters the premises. In these cases, the urgency of the situation overrides the requirement for a warrant, as delaying entry could enable the suspect to evade capture. Exigent circumstances also allow ICE to enter without a warrant if waiting would lead to immediate harm, the destruction of evidence, or the escape of a suspect. These exceptions exist to prevent significant threats to public safety or law enforcement operations.

Harboring Laws and Legal Risks for Churches

Under 8 U.S. Code § 1324, knowingly harboring or shielding an undocumented immigrant from law enforcement can result in severe legal consequences. Providing spiritual guidance, food, or medical care to an undocumented individual is not considered harboring under federal law. However, actively concealing someone to prevent their apprehension, providing false information to law enforcement, or obstructing an ICE action could lead to criminal charges against church personnel. Churches should ensure they operate within the law while fulfilling their mission of ministry and compassion.

Key Takeaway

Churches should be aware of their rights and responsibilities under the law. While they may provide ministry and care to undocumented individuals, they must ensure they are not obstructing lawful enforcement actions. Understanding the difference between judicial and administrative warrants, as well as when ICE can enter under fresh pursuit or exigent circumstances, is essential for compliance.

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Conclusion

Navigating ICE enforcement actions at churches requires a careful balance of legal compliance, biblical principles, and compassionate ministry. Church leaders and security teams should equip themselves with a clear understanding of both their rights and responsibilities, ensuring they do not inadvertently violate the law while upholding their commitment to serving their congregations.

By preparing ahead of time, verifying warrants, de-escalating conflicts, and continuing ministry within legal boundaries, churches can effectively respond to these situations while maintaining their integrity and mission. Above all, Christians should seek wisdom, counsel, and legal guidance to ensure their actions align with both the law and their Christian values.

For further assistance, church leaders should consult legal professionals and stay informed of any policy changes affecting immigration enforcement. By remaining vigilant and proactive, churches can navigate this complex issue with wisdom and grace.