The D.C. Circuit ruled 2-1 on October 20 that 27 religious organizations can keep challenging DHS’s rescission of limits on immigration enforcement at houses of worship. The panel sent the case back to the district court and did not decide whether the groups will win.
What the D.C. Circuit decided
In April 2025, the district court ruled that the coalition lacked standing to sue. The appeals court reversed that ruling in Mennonite Church USA v. DHS. Judge Florence Pan wrote the opinion, joined by Judge Robert Wilkins. Judge Neomi Rao dissented.
The majority found a credible threat of enforcement near the groups’ congregations, partly because of the administration’s stated plan to increase enforcement at sensitive locations. “Plaintiffs have direct evidence that the government intends to increase immigration enforcement at sensitive locations,” Pan wrote. The panel also concluded that restoring the earlier guidance could at least partly reduce the harm the groups allege. It did not rule on a Preliminary injunctionA temporary court order pausing enforcement of a rule or policy while a legal case is still being decided.See it in the glossary.
The sensitive locations policy at issue
DHS guidance dating to 1993 limited enforcement near places of worship, schools and funerals. A 2021 revision required headquarters approval for such enforcement except in specified urgent circumstances. Acting DHS Secretary Benjamine Huffman rescinded the guidance on January 20, 2025.
Who sued and what they claim
The suit was filed February 11, 2025, by 27 Christian and Jewish organizations, including Mennonite Church USA, the Episcopal Church and the Union for Reform Judaism, according to VisaVerge. Their claims allege violations of the First Amendment, the Religious Freedom Restoration Act and the Administrative Procedure Act. The National Immigration Forum also listed the October 20 decision in its weekly bulletin.
What happens next
The case returns to U.S. District Judge Dabney Friedrich, who will consider the coalition’s request for a preliminary injunction. For another recent ruling on where ICE can make arrests, see our report on the ICE arrest policy at immigration courts.