Appeals Court Upholds Order Limiting ICE Arrests at Quaker, Sikh, and Baptist Houses of Worship

The U.S. Court of Appeals for the Fourth Circuit on Tuesday upheld a district court order requiring the Department of Homeland Security to follow a 2021 policy limiting immigration enforcement at the houses of worship of eight religious groups. The decision in *Philadelphia Yearly Meeting of the Religious Society of Friends v. U.S. Department of Homeland Security* was reached by a unanimous panel of Judges Steven Agee, Pamela Harris, and Senior Judge Barbara Milano Keenan, with Keenan writing the opinion.

The policy at issue is a memorandum issued by DHS in January 2025 that rescinded a 2021 directive instructing officers to avoid enforcement actions in or near protected areas, such as churches and schools. The 2025 policy directed officers to use discretion and apply “a healthy dose of common sense” when deciding where to make arrests. A DHS spokesperson stated that the change would prevent “criminals from hiding in America’s schools and churches to avoid arrest.”

Six Quaker meetings, the Sikh Temple Sacramento, and the Cooperative Baptist Fellowship filed a lawsuit in U.S. District Court for the District of Maryland on January 27, 2025, represented by Democracy Forward. They alleged violations of the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act. On February 24, 2025, Judge Theodore Chuang granted part of their motion, ordering DHS to abide by the 2021 policy at the plaintiffs’ places of worship. He denied their request for a nationwide injunction and separately denied their request that the injunction require DHS to obtain judicial warrants before enforcement actions at their places of worship. Neither of those rulings was at issue in the appeal.

The Fourth Circuit held that the plaintiffs are likely to succeed on their claim under the Religious Freedom Restoration Act, a 1993 statute requiring the government to demonstrate a compelling interest and the least restrictive means when its actions substantially burden religious exercise. The record included declarations from Quaker members who said they “would not be as encouraging of any immigrant joining [them] for worship,” and evidence that Cooperative Baptist Fellowship leadership had advised some congregations they could lock church doors, despite their belief that doors should remain open and unlocked. Quaker declarants also described a commitment to pacifism, stating that the presence of “weapons or armed people” at a meeting is contrary to their principles.

The court’s decision underscores the importance of protecting religious freedom and the right of faith communities to worship without fear of government intrusion. As Micah 6:8 reminds us, God calls people to act justly, love mercy, and walk humbly with Him. This ruling affirms the role of religious institutions in upholding these values and the necessity of safeguarding their sanctuaries from unwarranted enforcement actions.

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