The term “sanctuary congregation” carries enormous spiritual and historical weight. But what does it actually mean in legal terms? And does offering sanctuary put a church at legal risk? The ACLU’s FAQ addresses these questions directly and accurately \u2014 providing the kind of clear legal information that faith communities need to make wise, informed decisions.<\/p>\n\n\n\n
This resource is especially important because misinformation spreads quickly in communities under stress. Some churches have been told they will face federal prosecution for any supportive action. Others have been told they are fully protected. Both claims are oversimplifications. The truth is more nuanced \u2014 and this FAQ provides it.<\/p>\n\n\n\n
Sanctuary generally involves providing comfort and assistance to immigrants and their family members at risk of apprehension by federal immigration authorities or mistreatment by others. Each congregation decides what type of assistance to provide. Many sanctuary congregations focus on assisting immigrants facing deportation who are pursuing alternative legal avenues \u2014 such as asylum, cancellation of removal, U or T visas, or prosecutorial discretion \u2014 to stop or suspend their removal.<\/p><\/div><\/details>\n\n\n\n The federal criminal harboring law prohibits concealing, harboring, or shielding an undocumented immigrant from detection, when done with knowledge or reckless regard of their unlawful status. The federal criminal transporting law prohibits moving an undocumented immigrant from one place to another with knowledge of their unlawful status, where the transportation helps them remain unlawfully in the U.S. Federal courts have applied different standards across the country, so the risk depends on your location. Any faith group considering sanctuary activities should consult a lawyer.<\/p><\/div><\/details>\n\n\n\n No. The concept of sanctuary in a place of worship is not recognized by federal law and provides no legal protection from prosecution for the congregation or the immigrant. Publicly identifying an undocumented individual’s location may offer some protection to church members from harboring charges, but it may place the individual at greater risk of arrest. Congregations should make this clear to anyone seeking shelter.<\/p><\/div><\/details>\n\n\n\n No. The concept of sanctuary in a place of worship is not recognized by federal law and provides no legal protection from prosecution for the congregation or the immigrant. Publicly identifying an undocumented individual’s location may offer some protection to church members from harboring charges, but it may place the individual at greater risk of arrest. Congregations should make this clear to anyone seeking shelter.<\/p><\/div><\/details>\n\n\n\n A declaration itself probably would not justify a prosecution, but it may put the congregation on the government’s radar. Most courts require proof of intent \u2014 that the person or organization intended to help the immigrant remain unlawfully in the U.S. If the congregation then takes additional steps that constitute harboring or transporting, the public declaration could be used as evidence of that intent.<\/p><\/div><\/details>\n\n\n\n Harboring is sheltering an undocumented immigrant and assisting them to remain unlawfully in the U.S. To be found guilty, it must be proven the defendant acted with knowledge or reckless disregard of the immigrant’s unlawful status.<\/p><\/div><\/details>\n\n\n\n Not without something more. A congregation operating a shelter is under no obligation to check the immigration status of those it serves. Harboring requires evidence of substantial facilitation or intent to violate immigration laws \u2014 such as concealing someone from authorities or advising them on how to evade ICE. Evidence that services are being provided because of someone’s immigration status, rather than without regard to it, could be used against you. A public sanctuary declaration could also be cited as evidence.<\/p><\/div><\/details>\n\n\n\n Yes. Federal courts across different judicial circuits have arrived at different interpretations. Congregations closer to international borders face greater risk of liability for transporting. Faith groups considering sanctuary activities should seek advice from legal counsel in their area.<\/p><\/div><\/details>\n\n\n\n In most circuits, providing housing to a friend or loved one who happens to be undocumented is not considered unlawful. Similarly, renting to a tenant who happens to be undocumented is unlikely to be considered unlawful.<\/p><\/div><\/details>\n\n\n\n No, in most jurisdictions. The prosecution must prove actions were done with intent to evade detection. If the government already knows the person’s location, it would be difficult to prove concealment. Some congregations inform ICE about specific individuals offered sanctuary \u2014 this may reduce criminal liability for the congregation but may increase the risk of arrest for the immigrant. The individual and their attorney should be part of any decision about communicating with ICE.<\/p><\/div><\/details>\n\n\n\n The congregation is not in violation of harboring laws if the person’s location is known to immigration authorities and they are fully complying with hearing dates and check-in requirements.<\/p><\/div><\/details>\n\n\n\n A person could be liable for transporting if they move an undocumented immigrant from one place to another, knowing the person is present unlawfully, and the activity helps them remain unlawfully in the U.S.<\/p><\/div><\/details>\n\n\n\n Generally, giving a ride to a friend or congregation member for everyday activities \u2014 errands, doctor’s appointments, seeing an immigration attorney, or attending church \u2014 is unlikely to lead to criminal liability. However, transporting someone while attempting to conceal their presence would likely violate the law.<\/p><\/div><\/details>\n\n\n\n The Sensitive Locations memo provides guidance to immigration officers but has no binding legal authority and offers no absolute protection. The memo directs officers to seek prior approval before conducting enforcement actions at houses of worship. The administration could rescind or change this policy at any time. Note: As of January 2025, this policy has been rescinded.<\/p><\/div><\/details>\n\n\n\n ICE agents may enter the public spaces of a church without a warrant, but not private areas. To enter private spaces, they must present a hard copy of a warrant signed by a federal judge. You may demand to see the warrant \u2014 ask that it be slipped under the door or shown through a window. Only allow entry after confirming it is signed by a federal judge. An ICE administrative warrant alone does not authorize entry into private spaces, which are protected by the Fourth Amendment.<\/p><\/div><\/details>\n\n\n\n No. You are not required to answer any questions and should seek advice from a lawyer before doing so. You are not required to share anyone’s immigration status. However, do not provide false information, as it could put you at risk.<\/p><\/div><\/details>\n\n\n\n There are limited defenses, including housing a person who has been a member of the denomination for at least a year and is serving as an unpaid minister or missionary. Religious beliefs have been attempted as a defense in the past with mixed results. Consult a lawyer to determine what defenses may be available to you.<\/p><\/div><\/details>\n\n\n\n It is a felony. Penalties include fines and imprisonment of up to 5 years for simple harboring or transporting, up to 10 years if done for private financial gain, and up to 20 years if serious bodily injury occurs or a life is placed in jeopardy. Anyone who conspires in harboring or transporting may face the same penalties.<\/p><\/div><\/details>\n\n\n\n Yes, vehicles used to transport and real property used to harbor undocumented immigrants may be seized and subject to forfeiture. However, this is very uncommon and generally only used when harboring or transporting has been done in connection with exploitation for personal financial gain.<\/p><\/div><\/details>\n\n\n\n Published by the American Civil Liberties Union (ACLU)<\/strong> \u2014 the nation’s premier civil liberties organization.<\/p>","protected":false},"excerpt":{"rendered":" The ACLU answers common legal questions about what it means to be a sanctuary congregation and whether churches risk legal liability for supporting immigrant members.<\/p>","protected":false},"featured_media":0,"template":"","meta":{"_acf_changed":false,"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"fw_initiative_tag":[],"class_list":["post-299","fw_resource","type-fw_resource","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/fw_resource\/299","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/fw_resource"}],"about":[{"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/types\/fw_resource"}],"version-history":[{"count":0,"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/fw_resource\/299\/revisions"}],"wp:attachment":[{"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/media?parent=299"}],"wp:term":[{"taxonomy":"fw_initiative_tag","embeddable":true,"href":"https:\/\/faithfulwitness.us\/ar\/wp-json\/wp\/v2\/fw_initiative_tag?post=299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What criminal laws should sanctuary congregations be aware of?<\/summary>
What are some activities that steer clear of potential criminal liability?<\/summary>
Does publicly declaring "sanctuary" provide additional legal protection?<\/summary>
Public Declarations of \u201cSanctuary\u201d<\/h2>\n\n\n\n
Does publicly declaring "sanctuary" provide additional legal protection?<\/summary>
Are there risks if a faith group makes a public sanctuary declaration?<\/summary>
What actions are more risky after publicly declaring as a Sanctuary Congregation?<\/summary>
Harboring<\/h2>\n\n\n\n
What is criminal harboring?<\/summary>
Can our congregation be found guilty of harboring for providing food and shelter?<\/summary>
Does the harboring law vary across the country?<\/summary>
Is it unlawful to live with, rent to, or host an undocumented immigrant?<\/summary>
Is it still harboring if immigration authorities know the person's location?<\/summary>
What if the person is currently complying with immigration proceedings?<\/summary>
Transporting<\/h2>\n\n\n\n
What is criminal transporting?<\/summary>
Can I take an undocumented immigrant to the doctor, grocery shopping, or a faith-based function?<\/summary>
Immigration Enforcement Actions<\/h2>\n\n\n\n
Does the ICE "Sensitive Locations" memo protect places of worship from raids?<\/summary>
Can an ICE agent enter my house of worship without a warrant?<\/summary>
Am I required to talk to a police officer or ICE agent who enters and asks questions?<\/summary>
Defenses<\/h2>\n\n\n\n
Are there defenses against harboring prosecution?<\/summary>
Penalties<\/h2>\n\n\n\n
What are the potential penalties for harboring or transporting?<\/summary>
Can my congregation have its property or assets seized?<\/summary>
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