Church Groups Try to Shut Down Trump, Homan

FAIR shows court lacks jurisdiction

WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a brief ([link removed]) in the DC Circuit Court of Appeals defending the Trump Administration’s enforcement policy at places such as hospitals, schools, protest rallies, and religious services. A number of religious groups have sued over the policy, which they claim makes illegal aliens fear going to their services, thus burdening these groups’ religious exercise in violation of both the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act.

Trump’s policy is a modification of a prior Biden policy of barring all immigration law enforcement in or around so-called “protected areas,” including religious services. Trump has rescinded this extreme policy, which was consistent with the Biden White House’s general aversion to enforcing immigration laws anywhere, and has directed agents to use common sense when doing their jobs in sensitive areas.

In its brief, FAIR takes issue with the claim that it is this change in policy, rather than Trump’s change to much more vigorous enforcement of immigration laws generally, that deprives the plaintiffs of illegal alien congregants. After all, if illegal aliens are deported, they cannot attend plaintiffs’ religious services, whether Trump has modified the protected areas policy or not. Likewise, if illegal aliens hesitate to attend plaintiffs’ religious services, it is more likely because the overall increase in enforcement makes them cautious, rather than because of a modification in an obscure agency memo they probably do not even know about. But if the modification of the protected areas policy actually makes no difference to the plaintiffs’ religious exercise, their assertion that it burdens that exercise is false, and they lack standing to sue in the first place.

“Churches can’t shut down immigration law enforcement just because it may reduce the size of their congregations,” said Christopher J. Hajec, deputy general counsel of FAIR. “So they go after Trump’s modification to the protected areas policy instead. The problem is, they can’t trace their claimed injury to that modification—and that leaves them without standing to sue. We hope the court realizes the how hollow this lawsuit really is, and denies relief.”

The case is Mennonite Church USA v. DHS, No. 25-5209 (DC Circuit).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

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