A federal appeals court has upheld a temporary restriction preventing U.S. Immigration and Customs Enforcement from carrying out enforcement operations at certain houses of worship under a policy allowing actions at churches, schools and other community sites.
A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals ruled Wednesday in favor of a coalition that includes several Quaker meeting groups, a Sikh temple and a Cooperative Baptist congregation.
The religious organizations challenged the U.S. Department of Homeland Security over its January 2025 decision to rescind an Obama-era policy that restricted immigration enforcement operations in “sensitive” locations.
Senior Circuit Judge Barbara Milano Keenan, an Obama appointee, wrote the opinion maintaining the temporary block as it applies to the plaintiffs.
“Based on the evidence before the district court, it reasonably can be predicted that many immigrants will decide not to attend the plaintiffs’ houses of worship because of the new policy,” wrote Keenan.
“We also hold that the district court did not abuse its discretion in concluding that the plaintiffs are likely to succeed on the merits of their [Religious Freedom Restoration Act] claim, because the plaintiffs adequately demonstrated that DHS’s new policy substantially burdens their religious exercise.”
Circuit Judge Steven Agee, appointed by former President George W. Bush, issued a concurring opinion and said DHS “never explained why” the policy “presents the least restrictive means of advancing its interests under present conditions.”
“DHS abdicated its burden of proof at a crucial juncture of the merits analysis,” Agee added. “Today’s decision stems directly from the record that the plaintiffs marshaled and left untouched by DHS. As observed at oral argument, ‘It’s very hard to win a case without evidence or legal argument.’”
“The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” the DHS statement reads.
“The Biden-Harris Administration abused the humanitarian parole program to indiscriminately allow 1.5 million migrants to enter our country. This was all stopped on day one of the Trump Administration. This action will return the humanitarian parole program to its original purpose of looking at migrants on a case-by-case basis.”
The policy has faced several legal challenges from churches and Mainline Protestant denominations that argue the change infringes on religious liberty.
In February 2025, U.S. District Judge Theodore Chuang of Maryland sided with the faith groups and temporarily barred the Trump administration from enforcing the policy at houses of worship connected to the plaintiffs while litigation continues.
