Recent changes to immigration enforcement policies have prompted concerns among California ministries committed to serving their communities. At ChurchWest Insurance Services, we encourage ministries to be well-informed, prepared, and proactive in handling these sensitive circumstances.
Understanding the Recent Policy Change
As of January 2025, federal guidelines designating churches and schools as “sensitive locations” have been rescinded. This shift permits Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to carry out enforcement activities in places of worship, schools, and other previously protected areas, within constitutional limits. These actions may include arrests, searches, inspections, interviews, and immigration enforcement surveillance.
While enforcement actions within churches are expected to remain infrequent, the increased potential has understandably raised anxiety among congregants and ministry staff.
Constitutional Protections Remain Intact
Despite this policy change, constitutional protections provided by the Fourth and Fifth Amendments remain unchanged:
- Fourth Amendment: Protects against unreasonable searches and seizures. ICE agents generally require a judicial warrant or explicit consent to enter private spaces within your church, such as staff offices and storage areas. However, public areas such as lobbies, parking lots, and sanctuaries during open services do not require warrants, though agents must not disrupt ministry activities.
- Fifth Amendment: All individuals, including undocumented immigrants, have the right to remain silent when questioned by law enforcement.
Recommended Best Practices for Ministries
To responsibly address these new enforcement realities, ministries should:
1. Establish Clear Policies and Procedures
- Develop an Immigration Enforcement Encounter Policy, outlining clear steps staff should take when interacting with immigration authorities. Consult a local attorney to review and refine these policies.
2. Create and Train a Response Team
- Appoint a trained team or individual to interact respectfully and knowledgeably with ICE agents, ensuring compliance with legal obligations.
- Thoroughly document all interactions with immigration enforcement personnel, including identification, warrant details, and agent actions.
3. Request Minimal Disruption
- Politely ask ICE agents to allow any ongoing activities or services to conclude before proceeding with enforcement, minimizing distress and maintaining order.
4. Maintain Clear and Transparent Communication
- Inform congregants regularly about your ministry’s policies and their rights regarding interactions with law enforcement. Clear communication builds trust and reduces anxiety.
5. Engage Legal Expertise
- Work closely with a trusted local immigration attorney to provide tailored guidance and ensure your policies align with current laws. The Christian Legal Society offers a free attorney referral service for churches seeking specialized legal advice.
Important Legal Considerations
Ministries must understand that knowingly harboring undocumented immigrants can constitute a felony under federal law, carrying severe penalties. Additionally, obstructing law enforcement agents can result in significant legal and reputational consequences.
Insurance Coverage Implications
Ministries should review their insurance policies to understand potential coverage related to immigration enforcement incidents. Coverage for property damage, liability, and legal defense will vary based on specific policy terms and exclusions. Notably, intentional illegal acts by ministry staff are not covered.
Your Next Steps
- Develop or update your Immigration Enforcement Encounter Policy
- Train your response team thoroughly
- Communicate transparently with your congregation
- Review your insurance coverage with ChurchWest
At ChurchWest, we stand committed to guiding ministries through these challenging times with clarity and compassion. Please reach out to your advisor—we’re here to support your ministry in staying prepared, informed, and resilient.
