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Providing sanctuary to undocumented immigrants could potentially be considered a violation of U.S. federal law.
While it is a complex issue with historical and moral considerations, there is no legal right to sanctuary in a church under U.S. law. Under 8 U.S. Code § 1324, anyone who knowingly harbors, conceals, or shields an undocumented immigrant from detection may face penalties, including fines and imprisonment. Violations can result in up to 5 years in prison, while violations involving serious bodily injury or life endangerment can lead to up to 20 years.
However, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) policies generally consider places of worship as "sensitive locations" where enforcement actions should typically be avoided. These policies state that enforcement actions may only take place in sensitive locations with prior approval from a supervisory official, or in exigent circumstances related to national security, terrorism, or public safety.
It is important to note that this is a policy, not a law, and it is subject to change. Some legal experts believe that challenging such enforcement actions in court on First Amendment grounds (religious freedom) could be difficult, as courts are unlikely to recognize church sanctuary as legally justified if it is seen as interfering with the government's compelling interest in enforcing immigration laws.
Therefore, while there is no legal right to sanctuary in a church, the government's current enforcement policy generally discourages immigration agents from making arrests inside places of worship unless specific conditions are met. Recent reports indicate that the Trump administration plans to revoke this policy, potentially allowing federal agents to arrest migrants within churches, according to NBC News.
Update: Jan 21, 2025
Recent actions taken by the Trump administration have rescinded previous guidance that restricted Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from making arrests at "sensitive locations," such as schools, hospitals, and churches.
This change overturns a policy initially enacted in 2011 and expanded under the Biden administration in 2021, which aimed to protect these spaces from immigration enforcement actions, except in certain specific circumstances (such as national security concerns or imminent threats to public safety). Under the current Trump administration policy, ICE agents are no longer prohibited from conducting enforcement actions in or near these locations and are directed to use "common sense" and discretion when doing so.
The rationale for the change, according to the Department of Homeland Security (DHS), is that it empowers law enforcement to apprehend individuals who have committed crimes and are residing in the country illegally, and that criminals should not be able to avoid arrest by hiding in sensitive locations like schools and churches. However, the policy shift has raised concerns among immigrant advocates and community leaders about the potential for increased fear and disruptions in accessing essential services like healthcare, education, and religious practice within immigrant communities. Some also express concern about the potential for indiscriminate arrests, even though the administration has stated the policy is aimed at targeting those with serious criminal records. Additionally, a federal judge has recently ordered the Trump administration to halt indiscriminate immigration stops and arrests in several California counties.
The Trump administration has issued new guidance allowing ICE and Border Patrol agents to arrest migrants in schools, churches, and hospitals, ending a decade-long policy of treating these areas as safe zones. FOX 5 NY's Linda Schmidt has the story in video below..
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