Information for Churches Regarding Immigration Enforcement

By André M. Wang

North Pacific Union Conference general counsel and director of public affairs and religious liberty



In the past, churches, schools and hospitals were designated as “Sensitive Locations,” commonly known as “sanctuary spaces,” where federal immigration officers would not question, arrest or detain individuals for immigration violations. In the first days of his new administration, President Trump signed an executive order revoking this designation, allowing immigration officers or other government officials to enter a church to conduct such activities.

The following is information relating to common questions from pastors and churches regarding possible enforcement actions by federal immigration officers at local churches. This information is not legal advice and does not substitute for consultation with an attorney.

1. Federal law prohibits the concealing, harboring, shielding from detection or transporting of undocumented persons when such action aids their unlawful stay in the country.
2. As a general rule, immigration officers, like all other law enforcement officers, cannot enter and search private homes and private spaces of public buildings — such as churches — without a warrant signed by a federal judge.
3. If an officer visits your church, they cannot search the premises unless they have a warrant. Similarly, without a warrant, they cannot order you to provide membership information, such as a church directory.
4. Immigration officers do not normally have search warrants but only immigration-related arrest warrants identifying who to take into custody. (This document is officially called a ‘Notice to Appear’.) This document does not give them authority to search the premises but only take the specific person into custody.
5. In typical situations, an officer will introduce themselves and then ask, “We have a Notice to Appear for [name]. Do you know where [name] is?” Pastors and churches are under no obligation to cooperate or assist immigration officers, nor can the pastor or church get in trouble for not cooperating. An appropriate response would be, “I do not know where [name] is.” If they ask for membership or residential information say, “I will provide that information if you have a warrant.”
6. Always be polite and respectful.
7. The main priority for immigration officers is to locate undocumented persons who have criminal histories, such as outstanding criminal charges or serious criminal convictions. Foreigners who are out of status — such as visa overstay — are at low risk but could be taken into custody if they happen to be with a high-priority individual.

Our churches continue to be open to membership, worship or participation in church ministries to all people regardless of immigration status.

There are valuable community resources for individuals to get immigration legal advice or assistance in the Pacific Northwest. A complete list can be found at:

Immigration Advocates

If someone in your church is arrested or detained, there are organizations that may be able to provide assistance.

This article is used with permission from nwadventists.com. To read the original article, click here.