An ICE patch and badge are seen on a Department of Homeland Security agent. ( Jim Watson – Pool / Getty Images )
The radical left just handed another massive victory to the open-borders mob!
In a shocking decision, the Fourth Circuit Court of Appeals just upheld a ridiculous injunction that literally stops our brave ICE and CBP agents from arresting illegal aliens who are hiding out in “houses of worship.”
Senior Circuit Judge Barbara Milano Keenan, an Obama appointee, wrote the opinion. She was joined by fellow Obama appointee Pamela Harris and Bush appointee G. Steven Agee.
For decades, federal immigration agencies generally restricted enforcement actions at or near houses of worship and other so-called sensitive locations.
The Biden administration’s 2021 policy required prior approval for most operations in protected areas, while preserving exceptions for emergencies, national-security threats, hot pursuit, and other urgent circumstances.
On January 20, 2025, the Trump administration rescinded that framework and told officers to use discretion and a ‘healthy dose of common sense.’ A later ICE directive put case-by-case decisions in the hands of senior field officials.
DHS made its position unmistakable in the public announcement: ‘Criminals will no longer be able to hide in America’s schools and churches to avoid arrest.’ The administration said it would no longer tie the hands of ICE and Border Patrol agents.
Quaker meetings, the Sikh Temple Sacramento, and the Cooperative Baptist Fellowship sued, arguing that the increased threat of enforcement was driving immigrant congregants away and forcing faith communities to change how they worship and minister.
The record included declarations that one Baptist congregation’s English-as-a-Second-Language program had suffered a 66 percent attendance drop, that fewer people were using food and clothing ministries, and that some congregations were considering locking doors even though their faith called them to remain open and welcoming.
At the preliminary-injunction stage, the Fourth Circuit held that this evidence was enough to show a likely substantial burden on communal worship and ministry under RFRA. The court also found the attendance losses predictable enough to support standing.
As The Gateway Pundit previously reported, Chuang blocked the Trump policy in February 2025 at the plaintiff-affiliated houses of worship. That earlier report correctly noted that ICE remained free to conduct operations at churches and religious sites not covered by the lawsuit.
The injunction is narrow. It applies only to the identified places of worship affiliated with the plaintiffs. Other houses of worship would have to bring their own cases and develop their own evidence. The district court rejected the plaintiffs’ request for a nationwide order.
It also does not stop DHS from making arrests at or near the covered sites when officers have an administrative or judicial warrant.
The ruling is preliminary, not a final judgment on the full case. The Fourth Circuit did not reach the religious groups’ separate First Amendment expressive-association claim because the RFRA holding was enough to sustain interim relief.
The Trump administration can seek further review or continue litigating the merits. But for now, the practical result is clear: the 2021 protected-area guardrails remain in force at the plaintiffs’ listed houses of worship.
Judge Barbara Keenan wrote that DHS’s policy likely violates the Religious Freedom Restoration Act because the increased threat of immigration enforcement at houses of worship has reduced attendance and pressured congregations to alter their religious practices.
— SCOTUS Wire (@scotus_wire) August 18, 2026
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