RICHMOND, Va. (BP) — A Trump administration policy allowing certain arrests at houses of worship likely “substantially burdens the plaintiffs’ free exercise of religion,” a federal appeals court ruled Aug. 18, upholding a 2025 U.S. District Court preliminary injunction limiting such arrests.
The plaintiffs have shown they will likely succeed on the merits of their case claiming the 2025 immigration policy violates the Religious Freedom Restoration Act (RFRA) and the First Amendment to the U.S. Constitution, a unanimous three-judge panel from the Fourth Circuit U.S. Court of Appeals said, restoring 2021 guidelines.
“Our decision is based on the record in this case, which shows – at this stage – that plaintiffs have satisfied the exacting requirements to obtain a preliminary injunction,” judges said, “including demonstrating a likelihood of success on the merits of plaintiffs’ claim the 2025 Policy infringes their rights under RFRA.”
But the ruling only impacts houses of worship represented by the plaintiffs, including an estimated 1,400 Cooperative Baptist Fellowship (CBF) congregations, Quaker congregations in Philadelphia, New England, Baltimore, Richmond and New York, and the Sikh Temple of Sacramento, Calif. Other houses of worship would have to seek relief independently, the court said, and the ruling does not impact other sensitive areas such as schools and hospitals identified in the 2021 policy.
“Members of other places of worship would need to bring their own proceeding and develop relevant evidence independently to obtain similar relief…,” the court said. “In other words, the only entities affected here are the plaintiffs, and the only places subject to the preliminary injunction are those the plaintiffs identified to the district court as being affiliated with them.”
Consistent with federal law, officers may still make arrests at such houses of worship “when authorized by an administrative or judicial warrant.”
The 2025 guidelines substantially burdened the plaintiffs’ ability to worship, and decreased attendance at worship services, the court said in its ruling. On the other hand, the court said, the government did not show any compelling reason to place such burdens on religious exercise.
“Based on the evidence before the district court, it reasonably can be predicted that many immigrants will decide not to attend the plaintiffs’ houses of worship because of the new policy,” the court wrote. “So, the plaintiffs’ asserted injury of a decline in attendance at worship services and other activities is fairly traceable to the new policy and likely will be redressed by an injunction limiting the policy’s application.”
Plaintiffs sued after Benjamine Huffman, then-acting secretary of the Department of Homeland Security, issued a memorandum in January 2025 removing restrictions on immigration arrests at churches, schools and hospitals.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” Huffman had said in relaxing restrictions. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
Under the court’s order, officers must return to 2021 guidelines in connection with plaintiffs, abandoning the 2025 memorandums.
CBF Executive Coordinator Paul Baxley applauded the ruling.
“Today’s decision is a powerful reaffirmation of the values that have defined the Cooperative Baptist Fellowship from our beginning,” Baxley said Aug. 18 in a CBF press release. “We remain steadfast in our commitment to religious liberty, local church autonomy and the clear separation of church and state.
“For decades, our congregations have faithfully engaged in ministry among immigrants and refugees, offering a bold and courageous witness to the remarkable and relentless love of Christ.”
The CBF was formed in the 1990s by select churches who broke from the Southern Baptist Convention over theological differences.
Comments are closed.