Oregon lawsuit seeks to block immigration enforcement at churches, schools

A coalition of organized labor and religious groups filed a lawsuit Monday that aims to block immigration enforcement at certain locations, such as churches, schools and health clinics.

The lawsuit, filed in a federal court in Oregon by the Innovation Law Lab and Justice Action Center, argues the U.S. Department of Homeland Security violated First Amendment protections when agency leaders ended a policy this year that limited where federal immigration officers could operate.

Since Trump took office again, there have been several lawsuits aimed at protecting places of worship and courthouses. This is the first legal action that seeks to clarify the broader, long-standing policy about immigration enforcement at these so-called “sensitive locations,” according to Stephen Manning, a national immigration legal expert who runs the nonprofit that filed the suit.

“In the past 100 days the Trump administration has used brutal tactics to enforce the president’s campaign promises of mass deportations,” Tess Hellgren, director of legal advocacy at the Innovation Law Lab, said during a news conference Tuesday. “Against this backdrop, the decision to end protections for sensitive locations means that previously safe and sacred spaces have become sources of extreme anxiety rather than refuge.”

For decades these locations, which include schools and hospitals, have been considered areas U.S. Immigration and Customs Enforcement should avoid outside of urgent circumstances, such as terrorism or pursuit of a dangerous felon. It’s a policy that’s been around for at least 30 years, the lawsuit notes, and survived both Republican and Democrat administrations. That was until it was rescinded in January.

A spokesperson for the Department of Homeland Security said in a statement late Tuesday that the change in policy “gives our law enforcement the ability to do their jobs.”

“For context: Our agents use discretion. Officers would need secondary supervisor approval before any action can be taken in locations such as a church or a school. We expect these to be extremely rare,” the statement said.

Not only has President Donald Trump pledged to ramp up deportations, his administration has also pushed legal boundaries when it comes to immigration enforcement.

Since taking office in January, Trump has authorized the used the Alien Enemies Act to arrest and remove hundreds of Venezuelans, sending them to a notorious prison in El Salvador without due process. The administration has also defied court orders to facilitate the return of a Maryland man who was mistakenly deported there. Immigration officials have also revoked international student visas — though some have since been restored — and arrested others.

The lawsuit was filed on behalf of PCUN, the largest farmworker advocacy organization in Oregon. They were joined by several faith communities across the country, including Augustana Lutheran Church in Portland, Our Lady of Guadalupe in San Diego and Westminster Presbyterian Church in Gainesville, Florida.

“As a result of the administration’s new policy, sacred spaces have become sources of extreme anxiety rather than places of healing, expression, reflection, celebration, and refuge,” the lawsuit states.

According to the lawsuit, the rationale for the policy was to allow people who may fear being deported to continue accessing necessities, such as medical or spiritual care.

“Havens like these are sacred to the human experience because they are necessary for a functioning civil society,” the lawsuit states. “They allow people to nourish themselves spiritually, mentally, and physically so that they can thrive within, and contribute to, their communities for everyone’s mutual benefit.”

Editor’s note: This article has been updated to include comment from the U.S. Department of Homeland Security and Innovation Law Lab.