Appeals Court Keeps Block On DHS Immigration Arrests At Some Churches
A unanimous 4th U.S. Circuit Court of Appeals panel on Tuesday, August 18, 2026, upheld a preliminary injunction blocking DHS from carrying out its 2025 policy that allowed immigration arrests at certain houses of worship.[1]
Judge Barbara Milano Keenan wrote that the guidance has a chilling effect on worshipers, and attendance has fallen at Cooperative Baptist and Sikh congregations named in the case.[1] The lawsuit was brought by Cooperative Baptist Fellowship churches, Gurdwara Sahib West Sacramento and six Quaker meetings, which say the policy violates the Religious Freedom Restoration Act and the First Amendment.[1]
DHS issued the challenged policy in 2025, replacing Biden-era rules that barred immigration enforcement at or near protected areas such as churches, schools and hospitals.[1]
The unanimous opinion kept the preliminary injunction in place for the plaintiffs' houses of worship.[1]
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📌 Key Facts
- On August 18, 2026, a unanimous 4th Circuit panel upheld a preliminary injunction against DHS’s 2025 policy allowing immigration enforcement at the plaintiffs’ houses of worship.
- Judge Barbara Milano Keenan wrote that the guidance has a chilling effect and has already caused attendance declines at Cooperative Baptist and Sikh congregations.
- The lawsuit, filed by Cooperative Baptist Fellowship churches, Gurdwara Sahib West Sacramento, and six Quaker meetings, claims the policy violates RFRA and the First Amendment.
- The challenged policy replaced Biden-era rules that barred immigration enforcement at or near protected areas such as churches, schools and hospitals.
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