Appeals court revives religious groups' challenge to ICE arrests at churches
A federal appeals court ruled 2-1 that religious groups likely have standing to challenge ICE arrests at houses of worship, according to Courthouse News Service. The court did not block the arrests. It sent the case back to a lower court judge to reconsider an injunction.
A divided federal appeals court ruled Tuesday that 27 Christian and Jewish groups likely have the legal right to challenge a Trump administration policy that lets immigration agents make arrests at or near houses of worship, according to Courthouse News Service.
The ruling does not stop any arrests. The US Court of Appeals for the District of Columbia Circuit reversed a lower court's decision that the groups lacked standing to seek a preliminary injunction, the court's opinion shows. It sent the case back to US District Judge Dabney Friedrich to reconsider the groups' request.
For more than 30 years, the government largely avoided immigration arrests at "sensitive locations" such as churches, schools and funerals. A 2021 memo from then-Homeland Security Secretary Alejandro Mayorkas required agents to get approval from headquarters first, except in emergencies. On January 20, 2025, the Department of Homeland Security dropped that policy and told officers to use "discretion" and "common sense," Courthouse News reported.
Judge Florence Pan wrote for the majority, joined by Judge Robert Wilkins. "Plaintiffs have direct evidence that the government intends to increase immigration enforcement at sensitive locations — that is the whole point of the Rescission Memo," Pan wrote. She said the groups pointed to specific enforcement actions at or near their members' places of worship.
The lawsuit cites the arrest of a Honduran asylum seeker during a church service in Georgia in January 2025, Courthouse News reported. He had attended all his required check-ins.
Judge Neomi Rao dissented. "Plaintiffs ultimately offer only speculation that restoring policy guidance from a previous administration will change the enforcement practices of this one," she wrote. She said the lower court was right to deny an injunction.
The case is Mennonite Church USA v. Department of Homeland Security.
What we know: The appeals court found the groups likely have standing and returned the case to a lower court judge.
What we don't: Whether the judge will block the policy. Only Courthouse News Service has reported this so far; NewsHabit hasn't seen independent confirmation.
Where outlets agree Courthouse News Service and the court's opinion both say the 2-1 panel reversed the standing ruling and sent the case back to the district court.
Where they differ Courthouse News reports the majority's finding that worshippers face a credible threat, while Judge Rao's dissent calls the harm speculation and DHS hasn't responded in the reports NewsHabit reviewed.