Mennonite Church USA v. U.S. Department of Homeland Security

ICAP is challenging the Department of Homeland Security’s rescission of its long-standing “sensitive locations” policy, which for over 30 years had substantially restricted federal immigration enforcement action in places of worship and other “sensitive locations” such as hospitals and schools. We represent 12 national denominational bodies and representatives, 4 regional denominational bodies, and 11 denominational and interdenominational associations, all rooted in Jewish and Christian faiths and united in their religious commitment to welcome and serve their immigrant neighbors without regard to documentation or legal status.

As a result of the policy rescission and the new administration’s promise to increase all efforts to remove undocumented immigrants from the United States, the plaintiffs face an imminent threat of immigration enforcement actions at their churches and synagogues, which substantially burdens their religious exercise in violation of the Religious Freedom Restoration Act (RFRA) and the First Amendment. Moreover, because the agency did not adequately explain its decision to abruptly rescind the sensitive locations policy, our suit alleges that the rescission violates the Administrative Procedure Act (APA) as well.