ICAP represents a broad coalition of 27 national and regional faith-based organizations, including Jewish and Christian denominations, in their challenge to the Department of Homeland Security’s rescission of its long-standing “sensitive locations” policy. For over 30 years, this policy restricted federal immigration enforcement at or near houses of worship, schools, and hospitals. The sudden reversal of this policy in 2025 removed the restrictions on, and presumption against, enforcement at houses of worship. Coupled with an aggressive increase in enforcement efforts, DHS’s policy rescission has caused reduced attendance at the plaintiffs’ religious services and creates an imminent threat of disruption to the plaintiffs’ sacred spaces.
The lawsuit alleges that the government’s actions substantially burden the plaintiffs’ religious exercise, in violation of the Religious Freedom Restoration Act (RFRA) and the First Amendment. Furthermore, ICAP argues that the agency’s failure to provide an adequate justification for such a significant policy shift violates the Administrative Procedure Act. By leading this litigation, ICAP is defending the right of religious institutions to serve their communities and exercise their faith without the chilling effect of unlawful government intrusion.
Oral Argument:
