Appeals Court Revives Churches' Challenge to ICE Enforcement at Houses of Worship
A divided D.C. Circuit panel said 27 Christian and Jewish groups can press their case. The ruling does not stop enforcement for now.
WASHINGTON —
A federal appeals court on Oct. 20 revived a lawsuit by 27 Christian and Jewish denominations and organizations challenging the government's policy on immigration enforcement at churches and synagogues.
In a 2-1 decision in Mennonite Church USA v. Department of Homeland Security, the U.S. Court of Appeals for the D.C. Circuit held that the religious groups have standing to sue over a January 2025 memo. That memo rescinded earlier guidance that had limited enforcement at “sensitive locations,” including houses of worship.
Judge Florence Pan wrote the majority opinion, joined by Judge Robert Wilkins. The majority found the groups' members face a “credible threat” of enforcement near houses of worship. Judge Neomi Rao dissented, writing that the groups “offer only speculation” that going back to the old guidance would change anything.
The ruling does not itself bar ICE from churches. It sends the case back to the trial court, where the groups can again ask for protection while the lawsuit goes on. A district judge, Dabney Friedrich, had denied that request in April 2025, finding the groups lacked standing.
Kelsi Brown Corkran of Georgetown Law's Institute for Constitutional Advocacy and Protection, lead counsel for the groups, said the decision “recognizes the real harm” the policy caused religious communities.
In a separate case, the 4th U.S. Circuit Court of Appeals in August upheld limits on the policy for the plaintiffs in a Maryland lawsuit, finding it likely violated the Religious Freedom Restoration Act.
