Federal Appeals Court Rebuffs Homeland Security and Restricts Enforcement at Religious Sanctuaries

RICHMOND, VA — A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals upheld a district court injunction Wednesday night, ruling that the Department of Homeland Security cannot enforce relaxed sensitive-location guidelines to execute civil immigration arrests at houses of worship.

Religious Freedom Statutory Protections

Writing for the panel in Cooperative Baptist Fellowship v. Department of Homeland Security, Senior Circuit Judge Barbara Milano Keenan held that revoking long-standing sensitive-location designations imposed a substantial, unlawful burden on religious organizations under the Religious Freedom Restoration Act (RFRA; 42 U.S.C. § 2000bb). The court noted that documented federal enforcement actions outside parish food pantries and worship halls created an unconstitutional chilling effect on congregational participation.

Plaintiffs, including Baptist, Sikh, and Quaker religious bodies, presented sworn testimony indicating a 25 to 40 percent decline in community ministry attendance following federal policy revisions earlier this year.

Scope and Jurisdictional Impact

The appellate decision affirms protections for member institutions across Maryland, Virginia, West Virginia, North Carolina, and South Carolina. The judges rejected Justice Department assertions that operational discretion precluded judicial review under the Administrative Procedure Act.

Civil rights organizations celebrated the ruling as an essential affirmation of institutional sanctuary protections, while federal enforcement agencies must continue requiring supervisory warrant authorizations prior to entering religious premises.

Supreme Court Appeal Window

The Department of Justice has 90 days to petition the Supreme Court of the United States for a writ of certiorari.