On and after January 20, 2025, President Trump issued several Executive Orders which affect churches that support refugee and immigrant populations. Our Synod Attorney shares information and resources for congregations:
The key Executive Order rescinds the protection of Sensitive Locations, which includes churches. This means that enforcement agents can enter a church to search for refugees and immigrants. The only limitation on areas which they can enter is dependent on what areas are “private” or “public.” A private area is one limited to certain persons, such as the parsonage or the pastor’s office. A public area is where the general public can enter, such as the lobby or worship area.
Enforcement agents can enter the public areas of a church without a warrant. To enter private areas, a warrant signed by a judge is needed or permission (pastor or church officer). The church should identify which areas of the church are public or private and mark the private areas clearly by signs.
The National Immigration Law Center has a list of recommendations for formerly Sensitive Locations like the church to take:
- Develop a written response policy and preparedness plans in advance.
- Designate an authorized person within the congregation to review warrants and subpoenas.
- Understand the distinctions between public and private areas.
- Train non-authorized staff and volunteers how to respond to ICE and other enforcement agent requests.
- Document all interactions with enforcement agents.
Additionally, the church can help inform individuals of their rights. Even undocumented individuals have rights under the Fourth and Fifth Amendments to the US Constitution. The ELCA’s AMMPARO advises the following:
- You have the right not to speak and to decline to answer questions. You should always remain silent.
- You have the right to refuse to show ID or other documents.
- You have the right to refuse to discuss your immigration status.
- You have the right to speak to a lawyer.
- You have the right to see a warrant.
- Generally, you have the right to refuse to give your name, but you may have to give your name if you are stopped in public while they are investigating a crime.
- Ask if you are under arrest or are free to leave and walk away if not under arrest.
- Contact your embassy or consulate.
- Refuse to sign anything, especially if it hasn’t been reviewed by your lawyer.
During an encounter:
- Ask the officer what law enforcement agency they are from. If they say police, ask what specific department or agency they work for. Officers are required to identify themselves.
- Ask if they have a warrant.
- Show your “know-your-rights” card to the officer. Printable cards can be found online here and here.
- Tell the officer if you have children and think you may be arrested.
- Do not lie about status.
- Do not give fake or fraudulent ID or documents.
- Do not disclose your lack of immigration status if that is the case.
- Do not resist arrest.
- Do not use force of any kind.
- Do not run.
- Do not sign anything you do not understand, cannot read or that you don’t want to sign.
And for refugees and immigrants at home, view advice from readytostay.org.
May God’s blessing be upon you as you share the love of Jesus.