Appeals Court Revives Churches' Lawsuit Challenging ICE Enforcement at Houses of Worship, 2-1

The D.C. Circuit ruled 2-1 on October 20, 2026, that a 27-member coalition of Christian and Jewish groups led by Mennonite Church USA has shown enough to pursue its suit against DHS over immigration enforcement at houses of worship. The suit challenges a DHS 'Rescission Memo,' issued on Trump's first day in office, that removed Biden-era limits on enforcement at sensitive locations including churches and told officers to use their own discretion. Judge Florence Pan, joined by Judge Robert Wilkins, found the plaintiffs face a 'credible threat' of enforcement, citing the memo and incidents near member congregations; Judge Neomi Rao dissented, writing plaintiffs 'ultimately offer only speculation.'

The ruling reverses a district court finding that the threat was too speculative to sue over, reviving the coalition's bid for a court order limiting enforcement at religious sites. Lead counsel Kelsi Brown Corkran called it 'an important victory for people of faith.' A DHS spokesperson said ICE does not target churches and called the claims a 'false narrative.'

The panel decided only standing, not whether the policy itself is lawful, and did not reinstate any Biden-era limits. The case returns to U.S. District Judge Dabney Friedrich to reconsider a preliminary injunction.