Immigration Rights FAQ

Pastors and other church workers serve those who have a range of immigration statuses. This commonly includes U.S. citizens, green card holders, those here on various types of visas, those who may have overstayed their visas, and those who may have entered the country without authorization. The Baltimore-Washington and Peninsula Delaware Conferences of The United Methodist Church make neither membership nor attendance contingent on someone’s immigration status. Everyone is welcome to worship with us.  

The following is designed to give general guidance on how to deal with the possibility of enforcement of U.S. immigration laws on United Methodist properties, including churches, schools, and other spaces. This guidance, while designed to protect our ministry, is not meant to obstruct or interfere with law enforcement activity. It is intended to address issues faced by the Church as an entity, rather than to provide legal advice for individual members or attendees. 

Our Social Principles – Centering Human Life 

“We affirm the dignity, worth and rights of migrants, immigrants and refugees, including individuals who’ve been displaced. In so doing, we acknowledge that the world today is facing an unprecedented crisis related to the displacement of vast numbers of people due to such factors as ongoing wars and other hostilities, foreign interventions, widespread famine and hunger, global warming and climate change, and the failure of nation-states to adequately protect and care for their people.”  Revised Social Principles, 2024 section G  

“To refuse to welcome those who are migrants to this country — and to stand by in silence while families are separated, individual freedoms are ignored, and the migrant community in the United States is demonized by members of Congress and the media—is complicity to sin.”  Welcoming the Migrant to the US (Book of Resolutions, 2024, paragraph 4271) 

Background 

Many in our churches are prayerfully working to discern how to navigate the situation regarding immigration under the current changes in immigration policy. We recognize that many are concerned about the potential entry into churches by immigration authorities. Their concern is understandable given the decision the U.S. Department of Homeland Security (DHS) made on January 20, 2025, to rescind a federal policy that had previously largely exempted certain “protected areas,” such as churches, schools, and hospitals, from the enforcement of U.S. immigration laws. Under the new policy, Immigration and Customs Enforcement (ICE) agents are now free to enter those locations in the exercise of their “enforcement discretion.” 

In the wake of this shift in policy, many pastors and churches have reached out for guidance on how this changed enforcement landscape will impact their ministries and how to respond if federal and state immigration authorities appear at the church property or otherwise engage the church on immigration matters. 

The Baltimore-Washington and Peninsula-Delaware Area encourages all clergy and laity to take seriously our baptismal vows, scriptural teachings and Social Principles concerning those who are marginalized and vulnerable, especially those navigating immigration. We encourage everyone to be cognizant of potential consequences of their witness. The potential for arrest, and the subsequent legal consequences of that arrest, are unknown at this time as we navigate the new legal landscape. 

Call to Prayerful Actions 

Here are six actions that church leaders can do now: 

  1. Take seriously our baptismal vows, scriptural teachings and Social Principles concerning those who are marginalized and vulnerable, especially those navigating immigration.  
  2. We encourage everyone to be cognizant of potential consequences of their witness. 
  3. Obtain independent advice from an experienced immigration attorney and/or from a nonprofit organization that is dedicated to serving the immigrant community. The overarching guidance the Conference is providing in this post is not intended to, and does not substitute for advice received from qualified legal counsel and tailored to the church’s particular facts and circumstances. Legal Help (a directory provided by “Ready to Stay,” an organization dedicated to providing resources to immigrants and their advocates may be helpful. See https://readytostay.org/find-help. 
  4. Connect with organizations who specialize in service to immigrant affairs. 
  1. Develop a plan of action. Every church should develop a written plan for how it plans to engage in ministry to the immigrant community and to respond to ICE if it arrives at the church in pursuit of its enforcement objectives.
  2. Train staff and key laity who will participate in implementing the ministry
FAQs on Current Immigration Protocols (1.29.25)  
What was the executive order that rescinded a protected areas policy and how does it impact churches in my state or county? 

On January 20, 2025, a federal policy entitled DHS Directive Enforcement Actions in or Near Protected Areas was rescinded that had previously provided protections for certain locations, such as churches, schools, and hospitals, from immigration enforcement. This policy was replaced with a new directive that grants Immigration and Customs Enforcement (ICE) agents broader discretion to take enforcement actions in these locations, guided by "common sense." See here for more information. 

In Washington, D.C., and the State of Maryland (excluding Cecil, Frederick, and Harford counties that have 287(g) agreements), local policies may differ from the federal stance. In these instances, district or state policies take precedence over federal ones. Additionally, congregations in Delaware and West Virginia should be aware that local law enforcement may collaborate with ICE in certain situations, potentially influencing the enforcement of immigration laws. 

Are churches public or private? 

Any area of the church that is accessible to the public will likely be considered a public space. This would certainly include the parking lot and lobby at times when the church is unlocked and open for visitors. It would likely also include the sanctuary or other rooms at times when they are accessible to the public. 

Unlocked doors can be considered public space. For information regarding security measures, please consider FEMA’s church security protocol. This protocol includes locked doors and ensuring that access is monitored.  

The scope of ICE’s lawful authority on the church’s property depends on whether it seeks access to a “public” space or to “private” space. 

  • The most important distinction in this regard is that ICE cannot gain access to a private space on the church’s premises without the church’s consent unless it presents a “judicial” warrant. 
  • To qualify as a judicial warrant, the warrant must be signed by a judge and the warrant must identify on its face (typically at the top of the first page) that it is issued by a “United States District Court” or by state court of the jurisdiction in which the church is located. 
  • There is a distinct type of warrant, known as an “administrative” warrant, that ICE agents may present. An administrative warrant is NOT signed by a judge and is not issued by any court. Rather, an administrative warrant will reflect on its face that it issued by the “Department of Homeland Security,” and it will appear on a Form I-200 (which is an arrest warrant) or a Form I-205 (which is a warrant to deport). 
  • Importantly, whichever of these forms is used, an administrative warrant does NOT allow agents to enter private areas without the church’s permission. Again, that requires a judicial warrant. 
  • In sum, administrative warrants are generally for the detention of a specific individual and have nothing to do with the right to enter a private area of a church, whereas a judicial warrant may command that the church allow entry, not only into public spaces but into the private spaces of the church’s facility. (Note: Officials likely have the right to enter church spaces open to the public even without a warrant). 
What should I do if ICE or other law enforcement seek entry to my church? 

Follow your plan. It is important to understand that ICE should not enter non-public areas of an organization without consent, a valid judicial warrant signed by a federal judge, or absent exigent circumstances (such as some sort of urgent national security or public safety threat).   

If ICE or other law enforcement agents seek entry to your church, remain calm and respectfully ask to see their judicial warrant. A judicial warrant, signed by a judge, is typically required to enter private property, including places of worship (here is a sample of what one looks like).  

If they have a valid warrant, you may need to comply but can still advocate for safety and dignity. Know local laws, as some areas offer extra protections for sensitive locations like churches, and consult an immigration attorney for specific advice as needed. Educate your congregation on their rights and consider providing resources for legal support. 

If presented with an administrative warrant (or “Notice to Appear”): 

Look to see if the warrant identifies a particular individual by name. If so, know that: 

  • You do NOT have to say whether that person is present on the premises or not. 
  • You do NOT have to take the ICE agents to the person named on the warrant (even if he or she is present on the premises at the time). 
  • You need NOT otherwise assist the ICE agents in their efforts to locate the person named on the warrant. 
  • You may decline to allow ICE agents to enter any private area of the church unless and until they first obtain and present a valid judicial warrant. 

If ICE agents enter a public area of the church (e.g., lobby, narthex, parking lot, etc., unlocked worship space open to the public), say: “I represent the church. You cannot go to other areas without my permission.” 

If ICE agents try to enter a private area, say: “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?” 

We have a school and/or service ministry on our church property. Are there any specific things we need to be aware of? 

Yes, having a school, feeding ministry, or other service programs on your church property does bring some additional considerations. In addition to knowing the law and your rights you may want to create a plan for: a.)  training your staff and volunteers to handle a situation if ICE shows up;  b.) increasing communication and resourcing if you operate a ministry or school where individuals from immigrant communities gather; and c.)  seeking legal counsel as needed.   

Ultimately, it is important to balance your commitment to serving the community with the legal realities around immigration enforcement. Keeping open communication with your congregation and ministry participants, and ensuring they understand their rights, can help maintain the trust and safety of everyone involved. Additionally, congregations in the District of Columbia or Maryland can consider ways in which the public schools are responding (see DC school guidance or Maryland school guidance).   

What happens if someone from my church is detained by ICE?  

For any person in your congregation or community who is concerned about this, please share the following resources so that they can make a preparedness plan in advance: 

  • Call CASA’s raid tip hotline at 1-888-214-6016 to report any ICE activity. These resources are designed to help individuals understand their rights in encounters with law enforcement or immigration authorities. CASA: Know Your Rights 
  • Know-Your-Rights Handouts: In eight languages to help families prepare for possible interactions with ICE. 
  • Know-Your-Rights Videos: Tutorials in seven languages to prepare for ICE encounters. 
  • Legal Services Directory: Find non-profit legal services providers nationwide. 
What if a pastor or church member is detained or taken into custody? 

If a pastor is arrested, please immediately contact your district superintendent. If a church member is arrested, notify their emergency contact and the pastor (who will let the district superintendent know).   

What do I do if I suspect a civil rights violation?

Contact your local attorney general’s office and complete a Civil Rights Complaint Form.  

Official United Methodist Statements on Immigration: