Milwaukee Lutheran group joins lawsuit against Trump over ICE agents in churches

A Lutheran group in Wisconsin has joined a national lawsuit looking to block immigration agents from entering churches and places of worship.

A January U.S. Department of Homeland Security directive rescinded a former President Joe Biden administration policy that prohibited Immigration and Customs Enforcement and Customs and Border Protection agents from taking action in “sensitive” areas like churches and schools. 

“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” a statement from a DHS spokesperson said. “The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.” 

A lawsuit from 11 religious organizations, including the Greater Milwaukee Synod of the Evangelical Lutheran Church in America, argues that decision has led to people avoiding religious services because they’re afraid of encountering immigration enforcement agents.

“I know families that have told me they are not coming to worship because they’re afraid that the church is not a safe place,” said Bishop Paul Erickson of the Greater Milwaukee Synod.

There are over 59,000 baptized members of the Greater Milwaukee Synod who worship at 115 congregations in seven counties in Southeast Wisconsin. Erickson said five of those congregations offer worship services for Spanish speaking people.

“This decision to revoke the sensitive locations policy has had a dramatic impact on our ability to express and do the work that God calls us to do,” Erickson said.  “Folks are saying it’s just safer to stay home, and that’s prevented people from worshiping and gathering as God calls us to do as a church.” 

The suit argues the directive violates the First Amendment, the Religious Freedom Restoration Act and the Administrative Procedure Act. 

“In recent weeks, as the administration has accelerated its immigration enforcement efforts across the country, federal agents have become an increasingly common presence at houses of worship,” the complaint states.

According to the complaint, the directive causes people to “reasonably fear attending houses of worship.”

“Churches have seen both attendance and financial giving plummet,” the complaint states.

The directive has led to a 50 percent drop in attendance at one of the churches of the Greater Milwaukee Synod that offers worship services for Spanish speaking people, according to the complaint. Erickson would not name the church.

According to the complaint, a church member who attends Ascension Lutheran Church in Waukesha was detained by ICE agents in May.

“When the church held a prayer vigil in support of its arrested member, it had to advise Latino members of the congregation not to attend because of fear that ICE might show up,” the complaint states. “As a result, many members were unable to come together in communal prayer and worship both at regular Sunday service and at the vigil.”

The complaint also alleges fewer people are using food pantries run by the Greater Milwaukee Synod because they’re fearful of ICE raids.

In a written statement, U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said the directive “gives our law enforcement the ability to do their jobs.”

“Our officers use discretion,” McLaughlin wrote. “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 lawsuit against the U.S. Department of Homeland Security and Secretary Kristi Noem was filed Monday on behalf of the religious groups by Democracy Forward, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and Gilbert LLP. It argues that the directive is “unconstitutional and otherwise unlawful.”

“It’s a continuation of efforts by denominations and churches to try to find a way to address what they feel is a clear violation of their ability to serve these communities,” Sergio González, an assistant history professor at Marquette University, said about the lawsuit.

González said the suit is one way religious organizations are trying to “protect undocumented communities in this country.” He also said similar lawsuits have been filed by other religious organizations against the directive in recent months.

“There hasn’t been a clear decision and I doubt that we’re going to get a clear decision until the (U.S.) Supreme Court actually steps in,” González said.