Mennonite Church USA v. U.S. Department of Homeland Security

CourtDistrict Court, District of Columbia
DecidedApril 11, 2025
DocketCivil Action No. 2025-0403
StatusPublished

This text of Mennonite Church USA v. U.S. Department of Homeland Security (Mennonite Church USA v. U.S. Department of Homeland Security) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mennonite Church USA v. U.S. Department of Homeland Security, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MENNONITE CHURCH USA, et al.,

Plaintiffs,

v. No. 25-cv-00403 (DLF) U.S. DEPARTMENT OF HOMELAND SECURITY, et al.,

Defendants.

MEMORANDUM OPINION

Twenty-seven faith communities bring this action against federal immigration agencies

seeking injunctive relief. On January 20, 2025, the U.S. Department of Homeland Security (DHS)

rescinded its “sensitive locations” policy, which previously directed immigration officers to avoid

enforcement actions in or near places of worship. Plaintiffs allege that the rescission violates the

Religious Freedom Restoration Act (RFRA), 42 U.S.C. §§ 2000bb et seq.; the First Amendment;

and the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. Before the Court is the plaintiffs’

motion for a preliminary injunction. Pls.’ Mot., Dkt. 11. For the reasons that follow, the Court

will deny the motion.

I. BACKGROUND

A. Statutory Background

DHS is the executive agency with principal responsibility for enforcing the nation’s

immigration laws. 8 U.S.C. § 1103(a)(1). Congress has authorized immigration officers to

interrogate, arrest, detain, and remove aliens who are unlawfully present in the United States or

otherwise subject to removal. Id. §§ 1226, 1357. For over three decades, DHS and its predecessors

have limited enforcement actions in or near “sensitive locations,” including places of worship and other religious ceremonies. Compl. ¶ 60, Dkt. 1; see Memorandum from James A. Puleo, Acting

Assoc. Comm’r, INS, “Enforcement Activities at Schools, Places of Worship, or at funerals or

other religious ceremonies,” HQ 807-P (May 17, 1993), Dkt. 1-6. Under the long-standing policy,

enforcement actions in or near sensitive locations were permitted only with prior written

supervisory approval or under exigent circumstances. Id.; see Memorandum from Julie L. Myers,

Assistant Sec’y, ICE, “Field Guidance on Enforcement Actions or Investigative Activities at or

Near Sensitive Community Locations,” 10029.1 (July 3, 2008), Dkt. 1-5; Memorandum from John

Morton, Dir., ICE, “Enforcement Actions at or Focused on Sensitive Locations,” 10029.2 (Oct.

24, 2011), Dkt. 1-4.

In 2021, then-Secretary of DHS Mayorkas issued updated guidance on the sensitive

locations policy. Memorandum from Alejandro N. Mayorkas, Sec’y, DHS, “Guidelines for

Enforcement Actions in or Near Protected Areas” (Oct. 27, 2021) (“Mayorkas Mem.”), Dkt. 1-2.

The Mayorkas Memorandum superseded prior guidance but reaffirmed that “to the fullest extent

possible, [immigration officers] should not take an enforcement action in or near a protected area,”

including at a “place of worship or religious study, whether in a structure dedicated to activities of

faith (such as a church or religious school) or a temporary facility or location where such activities

are taking place.” Id. at 2–3. It defined enforcement actions to include “arrests, civil

apprehensions, searches, inspections, seizures, service of charging documents or subpoenas,

interviews, and immigration enforcement surveillance.” Id. at 4. The Memorandum continued to

recognize exceptions for actions taken with prior written approval or under exigent circumstances.

Id. (defining exceptions as where “[a] safe alternative location does not exist”; an action involves

“a national security threat,” “imminent risk of death, violence, or physical harm to a person,” “hot

pursuit of an individual who poses a public safety threat,” or “a personally observed border-

2 crosser”; or where there is an “imminent risk that evidence material to a criminal case will be

destroyed”). It further explained that “the exercise of judgment” was required to determine what

was “near” a sensitive location and whether exigent circumstances existed. Id. at 3–4.

Shortly after the current administration took office on January 20, 2025, then-Acting DHS

Secretary Huffman issued a new memorandum rescinding the Mayorkas Memorandum.

Memorandum from Benjamine C. Huffman, Acting Sec’y, DHS, “Enforcement Actions in or Near

Protected Areas” (Jan. 20, 2025) (“Rescission Mem.”), Dkt. 1-1. The Recission Memorandum

“supersedes and rescinds” prior guidance and provides that DHS will no longer impose “bright

line rules regarding where our immigration laws are permitted to be enforced.” Id. It directs

officers to use “discretion along with a healthy dose of common sense” to make enforcement

determinations, including in or near sensitive locations. Id. Then-acting Director of U.S.

Immigration and Customs Enforcement (ICE) Vitello issued follow-on guidance, charging

“Assistant Field Office Directors (AFODs) and Assistant Special Agents in Charge (ASACs) with

responsibility for making case-by-case determinations regarding whether, where, and when to

conduct an immigration enforcement action in or near a protected area.” Memorandum from Caleb

Vitello, Acting Dir., ICE, “Common Sense Enforcement Actions in or Near Protected Areas” (Jan.

31, 2025) (“Vitello Mem.”), Dkt. 16-1.

The rescission of the sensitive locations policy reflects the administration’s broader

initiative to accelerate immigration enforcement. Compl. ¶ 5. Officials have publicly announced

the goal of deporting all immigrants unlawfully present in the U.S., and ICE officers have been

directed to meet increased quotas for daily arrests. See id. ¶¶ 5, 74, 77 & n.41. DHS’s press release

about the policy rescission, as posted on the government website, highlights that “ICE agents who

spoke to Fox News said they believe that rescinding the Mayorkas order is going to free them up

3 to go after more illegal immigrants.” Press Release, DHS, “Promises Made, Promises Kept:

President Trump Is Already Securing Our Border and Deporting Criminal Aliens” (Jan. 26, 2025);

see Compl. ¶ 4 & n.5

B. Factual and Procedural Background

Plaintiffs are a coalition of sixteen denominational bodies and eleven denominational and

interdenominational associations rooted in the Jewish and Christian faiths. Compl. ¶ 1.

“Welcoming and serving the stranger, or immigrant, is . . . a central precept of their faith practices.”

Id. Plaintiffs’ member congregations offer worship services and provide social service

ministries—including food and clothing pantries, language classes, legal assistance, and job

training services—to all persons “without regard to [their] documentation or legal status.” Id. ¶¶ 2,

7. Many of plaintiffs’ member churches and synagogues have undocumented congregants or are

in areas with significant immigrant populations. E.g., id. ¶¶ 7, 88, 100, 103, 124.

Since the policy recission, one enforcement action has taken place at a plaintiff church. 1

Two enforcement actions have taken place at non-plaintiff churches campuses. 2 And four

plaintiffs report that ICE has conducted surveillance at or near their members’ premises. 3

1 See Pls.’ Mot. Ex. 46 ¶ 7, Dkt. 11-49 (“In the local church that was raided, which is located in Atlanta, ICE agents came into the daycare office looking for a staff member who they believed to be undocumented.”). 2 See Compl. ¶ 6; Am. Decl.

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