Can Church Sanctuary Stop ICE Deportation Raids?
Wilson Velásquez, his wife, and three children have attended church for the past two years. They had fled their home in Honduras because of gangs. They crossed southern border illegally in September 2022, but were released and permitted to pursue an asylum case inside the United States. They went to Atlanta to stay with relatives. The family kept every check-in appointment with Atlanta Immigration and Customs Enforcement’s office and Wilson Velásquez agreed to have an ankle monitor placed on him. Mr. Velásquez received a work permit making him eligible for work for six months in the United States. He was working at a tire shop legally and providing for his family.
Recently though, Wilson Velásquez was arrested and slated for deportation. The Velásquez family was in church when the ankle monitor started beeping. Velásquez left the church to avoid disrupting the service, where immigration agents arrested him.
A group of Quakers, on behalf of Velásquez and others, have filed suit in federal court to block the Department of Homeland Security from raiding churches and other houses of worship. The lawsuit seeks to block a new policy reversing federal policy that houses of worship and schools were off-limits for immigration raids and arrests.
The lawsuit alleges that armed ICE agents at or near churches is disruptive to the right to freely associate and worship. The suit also alleges the sudden shift in policy violates the prohibition against federal agencies acting erratically.
What is Deportation?
Deportation refers to a legal process that involves removing an alleged non-U.S. citizen from the United States and transporting them back to their country of origin. An immigrant may be subject to deportation for several potential reasons. Some of the most common grounds listed for deportation may include:
- Violating immigration laws: A non-U.S. citizen who violates immigration laws, such as lying about their immigration status or remaining in the country after their visa has been revoked, may be removed from the United States.
- Committing green card fraud: A non-U.S. resident, who commits fraud or enters into a fraudulent marriage with the intent to deceive an immigration officer and in order to obtain a green card, may be subject to removal from the United States.
- Failing to obey the terms of a visa: Non-U.S. residents must obey certain requirements and conditions if they are temporarily living in the United States on a visa. Failing to comply with any of those requirements or conditions will be grounds for removal.
- Being convicted of certain crimes: A non-U.S. citizen who has been convicted of certain crimes may be subject to removal from the United States.
- Crimes of moral turpitude such as perjury, drug human trafficking, or domestic violence offenses.
Notably, simply being a non-U.S. citizen is not grounds for deportation in and of itself. A non-U.S. citizen may reside in the United States legally, and may even be afforded certain rights such as due process.
Why Should Churches Be Exempt?
Churches have long claimed to be outside many a government’s jurisdiction. This claim is even enshrined to an extent in the US Constitution as the First Amendment prohibits the government from interfering with the free exercise of religion. ICE had been generally prohibited from searching sensitive locations such as schools and churches. However, the incoming administration has reversed the sensitive location policy, though schools and churches throughout the country continue to object to ICE raids on previously protected locations.
Notably, the policy reversal has been accomplished through executive order. Executive orders only apply to executive departments of their respective jurisdictions. A governor’s executive order only applies to the executive agencies of that state, and federal executive orders only apply to federal agencies. Churches, which are privately owned, are not subject to executive orders.
With regard to immigration specifically, protection from deportation or arrest arises from clergy-penitent privilege. Like attorney-client privilege, ministers and pastors are usually expected to maintain confidentiality of their congregants’ communications. Ministers typically cannot be compelled to testify in court regarding such confidential communications. This confidentiality also means that civil authorities cannot arrest someone for their sins within the church. Hence, churches often claim sanctuary for their members even if they have entered America illegally.
However, the new administration is now determined to shred even this moral restraint. Since God’s word has failed to move hardened hearts, immigrants like Velásquez are now at the mercy of those who would claim to enforce man’s law.
Should I Consult with an Attorney?
If you or a member of your family is facing deportation, it is essential to consult with an immigration attorney as soon as possible. Your attorney will give you the best chance at staying in the country with your family.
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