Episcopal Church, partners argue appeal in suit seeking immigrant protections at houses of worship

[Episcopal News Service] The Episcopal Church and 26 other plaintiffs, in a lawsuit contesting one of the Trump administration’s immigration enforcement policies, had their latest day in court on Feb. 5, arguing on appeal that the government was hindering their faith practices by removing “sensitive locations” protections from immigration enforcement operations.

The interfaith group of religious denominations and organizations had sued the Department of Homeland Security a year ago after the Trump administration rescinded a policy that had protected houses of worship, schools and hospitals. The Episcopal Church and the others said the change had led to decreased attendance at worship services because of fear that worshippers would be targeted by federal immigration officials.

“Right now, the missing congregants are missing out on one of the most important things of their faith practice, which is being able to engage in group prayer, group worship, communion,” Kelsi Corkran, the plaintiffs’ lawyer, said in oral arguments before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

Michael Talent, the attorney defending the Department of Homeland Security, countered that there was no imminent threat of immigration raids at houses of worship, so the plaintiffs had no standing to sue. An “abstract concern about probable future harm” was not enough to contest the change in policy, Talent said.

The arguments on appeal were not focused directly on the validity of the Trump administration’s policy, but rather on whether the plaintiffs have established that their congregations were affected by the policy and therefore entitled to preliminary protection while they sue. A district court judge ruled in April 2025 that the plaintiffs had failed to show they faced a “credible threat” that would justify the court imposing injunction against the government during the pending legal case.

U.S. Immigration and Customs Enforcement released this photo of the January 2025 arrest of a suspected Salvadoran gang member in Hyattsville, Maryland.

Since then, the Trump administration has escalated its campaign of immigrant detentions and deportations to include aggressive enforcement operations in targeted cities across the country. The deployment of Immigrations and Custom Enforcement officers, as well as Customs and Border Protection agents, has rattled communities, sparked protests and sometimes resulted in violent and deadly confrontations with both immigrants and U.S. citizens.

There have not been widespread reports of raids inside houses of worship, though in cities with a large federal presence, some churches have been joining efforts to assist immigrant families who are afraid to leave their homes to go to work or school or even to get groceries.

Corkran argued on appeal that at least some of the decline in attendance at plaintiffs’ worship services and participation in their ministries could be tied to the government’s expressed willingness to target immigrants at houses of worship. The plaintiffs, represented by the nonpartisan Georgetown University Law Center, have argued the government is violating religious freedom protections in the First Amendment of the U.S. Constitution and the Religious Freedom Restoration Act of 1993.

Audio of the oral arguments was livestreamed on the court’s YouTube channel and can be found here.

If the appeals court rules in favor of the plaintiffs on the issue of standing, the case likely would return to the district court for further arguments.

The plaintiffs’ 80-page complaint includes short summaries of ways they say the government’s policies have burdened the faith organizations’ practice of their religions. The Episcopal Church’s summary includes the following examples, which do not give specific locations or congregation names:

• Local officials parked outside one Episcopal church during past enforcement efforts and attempted to arrest undocumented congregants leaving the church.
• At another congregation, federal agents already have appeared outside its food pantry, photographing those in line.
• In one Episcopal diocese, some congregants were reluctant to join an informational Zoom call with an immigration attorney.
• Some congregations have stationed members at their doors to watch for immigration officials.

The Episcopal Church is one of 12 denominations that have signed onto the lawsuit, which also includes the Disciples of Christ, Mennonite, Methodist, Presbyterian and AME Zion churches. Other plaintiffs include regional denominational bodies and other religious associations.

– David Paulsen is a senior reporter and editor for Episcopal News Service based in Wisconsin. He can be reached at dpaulsen@episcopalchurch.org.