About This Resource
Rights of Places of Worship with the Revocation of Sensitive Location Policy
Guidance for faith communities navigating immigration enforcement in the current legal landscape
This document provides guidance to places of worship that offer refuge to undocumented individuals actively sought by Immigration and Customs Enforcement (ICE), have congregants who are undocumented, and/or provide services to undocumented families. This guidance does not constitute legal advice. It is strongly recommended that places of worship consult with an attorney.
Background
In recent years, the role of churches as places of refuge for individuals avoiding Immigration and Customs Enforcement (ICE) detention has increased. Individuals facing deportation may seek protection in churches, believing that a church’s “sanctuary status” could shield them from immigration enforcement. Places of worship have also historically relied on an ICE policy that typically avoided conducting enforcement in “sensitive locations.” This longstanding policy did not officially designate places of worship as “sanctuary” and did not prohibit enforcement in urgent situations.
Understanding the Limits of Offering Refuge
It is important for church leaders to understand the legal limitations on preventing law enforcement from making arrests on their premises. A church may serve as a refuge in various situations — protecting victims of domestic violence, shielding minors from abusers, or offering warmth during cold weather.
Public Areas vs. Private Areas
As a general rule, ICE agents and others may enter the public spaces of a church or place of worship without a warrant — but not private areas. If an agent wants to enter a private space, they must present a hard copy of a warrant signed by a federal judge.
- Ask that the warrant be slipped under the door or shown through a window before allowing entry
- Only allow entry after confirming the warrant is signed by a federal judge
- If the officer only has an ICE administrative warrant — not signed by a federal judge — you may instruct them to leave
Harboring Could Be a Crime
Church leaders must carefully consider the potential consequences before offering refuge to someone actively sought by ICE. Under federal immigration law, harboring undocumented immigrants “in any place” is a crime. Anyone who knowingly gives assistance to a fugitive may be subject to arrest and prosecution, and the church itself may face criminal fines.
What Is Criminal Harboring?
Harboring means sheltering an undocumented immigrant and assisting them to remain unlawfully in the United States. To be found guilty, it must be proven that the defendant acted with knowledge or reckless disregard of the individual’s unlawful status. Caselaw also requires evidence of substantial facilitation or intent to violate immigration law — such as concealing someone from authorities or advising them on how to evade enforcement.
What Is NOT Harboring?
Providing food or shelter means your church is legally liable.
Fact: Providing food and shelter alone does not constitute harboring. A congregation that operates a shelter has no obligation to ascertain or monitor the immigration status of those it serves.
Living with or housing an undocumented person puts you at legal risk.
Fact: Living with someone undocumented, housing a friend or loved one, or renting a room to a tenant who happens to be undocumented is not considered unlawful under the federal harboring law.
Preparing for a Warrant Raid
Training for emergencies requiring immediate, coordinated responses should be second nature for congregations with undocumented members or those offering refuge. Preparation for the execution of a search warrant is critical.
What Is a Warrant?
A warrant is a legal document that gives law enforcement authority to make arrests, search property, or seize property. It is issued by a judicial officer after a finding of probable cause — meaning there is reasonable basis to believe a crime has been committed and that evidence will be found at the location. Search warrants are executed without advance notice. Their arrival is often a congregation’s first indication that it is the subject or target of an investigation.
How to Prepare Your Place of Worship
| Establish Appropriate Procedures | Develop a search warrant response protocol consistent with this guidance and review it regularly with staff. |
| Identify Key Church Personnel | Form a search warrant response team at each facility. Designate a response team leader — a senior pastor, compliance officer, or head of congregation — responsible for coordinating the response. |
| Identify and Secure Private Areas | Clearly identify all nonpublic areas of the congregation. Keep them closed and locked as safety permits. |
Managing a Search Warrant Raid
Call the Response Team Leader
The agent’s first contact is often a receptionist or security officer. This person should: (1) advise that they don’t have authority to accept legal process on behalf of the church, (2) request permission to contact someone who does before agents proceed, and (3) immediately notify the response team leader.
Call Outside Counsel
The response team leader should immediately contact outside legal counsel.
Control Information Flow
Communicate to the government that it is the church’s policy to cooperate and that all questions should be directed to the designated response team leader. Outside counsel should serve as the main liaison with agents, prosecutors, and the issuing court.
Negotiate Reasonable Procedures
Ask agents to pause briefly until outside counsel arrives. If refused, request a pre-search phone conference with counsel. If that is also refused, negotiate ground rules — including making copies of any seized documents, computer data, and records.
Gather Basic Information
Obtain copies of all search warrants, attachments, affidavits, and subpoenas. Collect business cards from all agents on the premises. Ask about the purpose and scope of the investigation.
Review the Warrant Carefully
Confirm it is signed by a federal judge — if not, do not allow entry. Verify the premises description matches your address. Identify time limitations and which areas agents are authorized to enter. If agents attempt to enter areas not listed in the warrant, politely object on the record.
Document Everything
Take detailed notes or photographs of agent conduct. Record places searched, employees questioned, questions asked, statements made, and time spent in each area.
Manage Employees
Gather non-essential employees in a central location away from the search. Inform them of their rights, then send them home. If agents request employee interviews, indicate you would like to consult with counsel first.
Cooperate
Be courteous, cooperative, and calm throughout.
Actions to Avoid During a Search Warrant Raid
| Must Not Interfere with the Search | Do not destroy, modify, remove, or conceal records or materials. Do not make false statements to any federal agent. |
| Must Not Volunteer Information | Employees have no legal obligation to submit to interviews with government agents. Neither the church nor its employees are required to authenticate seized documents or answer questions. |
| Must Not Expand the Scope | Do not consent to additional searches beyond what the warrant authorizes without first consulting counsel. The church has no obligation to consent to scope expansion and does not need to decide immediately. |
| Must Not Prohibit Employees from Speaking | Inform employees of their rights — including the right not to speak with law enforcement — then send non-essential employees home. |
| Should Not Allow Interviews Without Counsel | Request that outside counsel be present during any employee interviews. |
| Must Not Waive Privilege | Do not communicate about privileged matters in a way that could waive attorney-client privilege. |
Employee Advice Checklist
- Agents have a legal right to search the premises and seize evidence designated in the warrant
- Employees should not obstruct the search
- Employees have no legal obligation to participate in an interview with agents
- Anything employees say can be used against them in a criminal prosecution or civil enforcement proceeding — regardless of whether agents warn them
- Only give truthful, non-misleading answers
- If employees grant interviews, they have the right to have an attorney present
- The church requests that employees notify the church’s counsel before interviewing so that counsel can be present
- If employees are questioned outside the church counsel’s presence, they have the right to share the substance of those interviews with the church
Source & Further Reading
This document was prepared for UNDIVIDED by Richard Morales on January 29, 2025. Information is subject to change. This is not legal advice — places of worship are strongly encouraged to consult with an attorney.
- Sanctuary Congregations and Harboring
- Immigration, Refugee and Asylum Task Team
- Churches Have a Long History of Being Safe Havens
- Know Your Rights in Your Home
- Know Your Rights if ICE Visits Your Home
- Resources for Churches Regarding Immigration Enforcement
- Sanctuary: Legal Considerations for Faith Communities
- National Immigration Law Center: What To Do If Immigration Comes To Your Workplace
- Houses of Prayer for All People: Churches Free from Intimidation or Fear
Published by UNDIVIDED.