4th Circuit Upholds Ban on ICE Arrests at Houses of Worship
A federal appeals court ruled in August 2026 that immigration agents cannot make arrests at more than 1,400 houses of worship across 33 states. The three-judge 4th Circuit panel found the Trump administration's 2025 enforcement policy placed a substantial burden on religious exercise. The ruling applies only to congregations that joined the lawsuit and still allows arrests with a valid warrant.
A federal appeals court upheld a ban on immigration arrests at more than 1,400 houses of worship in August 2026, dealing a setback to the Trump administration's enforcement policy.
The three-judge panel of the 4th U.S. Circuit Court of Appeals ruled unanimously that the Department of Homeland Security's 2025 policy violated the Religious Freedom Restoration Act. The court found the policy created a chilling effect that reduced attendance at religious services and burdened congregants' ability to worship.
The lawsuit was brought by a coalition of religious organizations, including Quaker meetings, the Sikh Temple Sacramento, and the Cooperative Baptist Fellowship. They challenged a 2025 policy that reversed Biden-era restrictions discouraging enforcement at sensitive locations.
Judge Barbara Milano Keenan, writing for the court, said the threat of enforcement imposed a substantial burden on the plaintiffs' religious expression. Judge G. Steven Agee called the government's failure to justify that burden an "inexplicable failure."
The ruling is limited in scope. It applies only to the specific congregations that joined the lawsuit, not all houses of worship nationwide. Agents can still make arrests at these locations if they have a valid administrative or judicial warrant, or in emergency situations such as hot pursuit.
Representatives for the plaintiffs, including Democracy Forward, praised the decision as a defense of religious liberty. The Federation for American Immigration Reform called the ruling "absurd" and "politically motivated." A DHS spokesperson said the agency does not target places of worship and that the policy was meant to prevent criminals from using churches to avoid arrest.
The case is expected to continue through the courts as the administration weighs its next legal steps.