A coalition of Protestant denominations presented on July 28 A demand to challenge Donald Trump’s government policy that facilitates to the agents of the Customs Immigration and Control Service (ICE) the arrest of suspects in churches and other sensitive places.
In January, the United States National Security Department (DHS) annulled the guidelines of the previous government that prevented ICE agents from making migratory arrests in churches and other sensitive places, unless they had the approval of a supervisor or there was an urgent need to take coercive measures, such as an imminent threat.
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The demand filed by the Protestant coalition argues that policy change violates the right to free exercise of religion enshrined in the first amendment and two federal laws: the Law on Restoration of Religious Freedom and the Law of Administrative Procedure.
Among the demanding churches are several synods of the Lutheran Evangelical Church in America, in addition to Quaqueras Churches, Baptists and Community Churches. The non -profit organization Democracy Forward acts as a codefensor in demand.
“Those in churches and sacred spaces violate decades of norms, both of Democratic and Republican administrations, fundamental constitutional protections and fundamental human decency,” Skye Perryman, president and executive director of Democracy Forward said in a statement.
“Religious communities should not have to choose between their spiritual commitments and the security of their parishioners,” Perryman said. “For Democracy Forward it is an honor to accompany these religious leaders in court. We will not give up until this illegal and dangerous policy is repealed.”
Low The current standardsthe places previously considered “sensitive”, such as churches, other places of worship, schools, hospitals, shelters and playgrounds, do not receive the special protections they had under the previous administration.
However, A DHS memorandum At that time he instructed ICE agents to maintain discretion and to “balance various interests”, including the degree of application of control measures in each of those places. He asks agents to apply “a good dose of common sense.”
The Undersecretary of the DHS, Tricia McLaughlin, refuted the narrative of the lawsuit in a statement proportionate to CNA – an English assistance of Ewtn News -, stating that any application of the law in places of worship would be “extremely unusual.”
“Our officers act with discretion,” he said. “The officers would need the approval of a secondary supervisor before being able to take any measure in places such as a Church or a school.”
The demand argues that it is not enough that the discretion “is guided only by the ‘common sense'” and states that politics “does not require any internal process before agents can apply the law in these places” or “that there are pressing circumstances before agents enter.”
DHS policy change effects
The demand alleges that the change of policy causes people to “have a reasonable fear of attending places of worship” and that some churches represented in demand “have seen both assistance and donations collapse.” He affirms that this questions the free exercise of religion and that the new policy is not the least restrictive way of promoting government’s interest in the application of immigration law.
“The congregations whose faith drives them to celebrate their cults with the doors and open arms have suddenly forced to close those doors and to train their staff to respond to migratory raids,” argues the demand.
“In many places of faith in the United States, open joy and the spiritual restoration of community worship have been replaced by isolation, cover -up and fear,” he adds.
Catholic dioceses have also raised similar concerns. For example, the Diocese of San Bernardino, in California, issued a dispensation of Sunday Mass for those who fear being deported. The Archbishop of Los Angeles, Mons. José Gomez, said that people are missing the Eucharist because of these fears.
The lawsuit states that government policy change has also “caused a growing number of immigration control actions in or near these previously protected areas.”
Although there are no complaints of selective raids in churches, the demand cites examples of arrests for reasons for immigration in or close to ecclesiastical properties.
The document refers to two arrests in the Diocese of San Bernardino: one in which men were persecuted until the parking lot of a church and another in which a man was doing gardening work. He also mentions two arrests near Iglesias in Los Angeles and another near a church in Oregon.
“The present threat of surveillance, interrogation or arrest in its places of worship means, among other things, less parishioners participating in community cult; a lower capacity to offer or participate in religious ministries; and an interference with its ability to fulfill their religious mandates, including their obligation to receive all those attending the cult and not put anyone in danger,” says the demand.
McLaughlin, however, refuted these statements, stating that policy change “allows our forces of order to do their job.”
“We are protecting our schools (and) places of worship by preventing foreign criminals and gang members from taking advantage of these places and taking refuge there, since these criminals knew that the forces of the order could not enter under the Biden administration,” he said.
Other religious groups have filed similar demands Against the DHS following the change of policy.
Translated and adapted by the ACI Press team. Originally published in CNA.
Tyler Arnold
Tyler Arnold is a reporter of the National Catholic Register. He previously worked at The Center Square and has published in various media, including The Associated Press, National Review, The American Conservative and The Federalist.