D.C. Circuit Judges Favor Religious Groups in Challenge to ICE Worship Raids

A three‑judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a split decision on Oct. 20, 2026, siding with a coalition of 27 Christian and Jewish groups. The judges found the coalition likely faces imminent harm from a Trump‑era policy that lets ICE agents enter churches and other worship sites to arrest migrants.

The majority opinion, written by Judge Florence Pan and joined by Judge Robert Wilkins, reversed a lower‑court ruling that said the groups lacked standing. The panel said the coalition showed a credible threat of enforcement under the new policy, which rescinded the long‑standing “Sensitive Locations Policy” that limited immigration actions near schools, churches and funerals.

What the Policy Change Means

In 1993 the government adopted a rule directing immigration officials to avoid enforcement near sensitive locations. In 2021 the rule was tightened, requiring prior headquarters approval before any action at such sites, except in limited “exigent” situations. On Jan. 20, 2025, Acting DHS Secretary Benjamine Huffman revoked the rule, telling agents to use “discretion and common sense.” The D.C. Circuit panel said reinstating the earlier guidance, even if not fully restoring the pre‑2025 status quo, would likely reduce the risk of raids at worship places.

Case Example Highlighted by Plaintiffs

The coalition pointed to the Jan. 31, 2025 arrest of Wilson Velásquez, a Honduran immigrant, during a Pentecostal service in Georgia. Velásquez had complied with all ICE check‑ins and had a pending asylum hearing, yet agents detained him while searching for people with ankle monitors. The plaintiffs argue this illustrates the concrete harm the new policy creates.

Judges’ Diverging Views

Judge Neomi Rao dissented, arguing the coalition’s claims were speculative and that restoring the old guidance would not affect the executive branch’s enforcement discretion. She said the district court correctly denied a preliminary injunction because redressability required more than conjecture.

What This Means for Ordinary People

Religious groups and their congregants may now have a stronger legal basis to challenge ICE actions at worship sites. If you attend services at a church, synagogue, mosque or similar venue, you could ask your religious leader to monitor any ICE activity and consider filing a claim if you believe the new policy threatens your safety. No specific deadline was set, but the case has been sent back to District Judge Dabney Friedrich for further review, so any future injunction could take weeks or months.

Anyone who feels threatened by ICE enforcement at a place of worship should keep records of any encounters, note dates and details, and consult an attorney experienced in immigration and civil rights law.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 20, 2026.