Mennonite Church USA and its 26 co-plaintiffs won an important ruling on Oct. 20, 2026, putting them on the path toward injunctive relief in the “sensitive locations” lawsuit, Mennonite Church USA et al., v. U.S. Department of Homeland Security, et al.
Federal Courthouse in Washington DC. Photo credit- CC, wiki/User:APK
In a 2-1 decision, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, Washington, D.C., agreed that MC USA and its co-plaintiffs face a real and immediate risk of immigration enforcement at or near their places of worship as a result of the January 2025 Department of Homeland Security (DHS) memo rescinding the sensitive locations policy.
In her Opinion for the Court, Circuit Judge Florence Y. Pan wrote, “Plaintiffs’ members likely face imminent harm from increased enforcement at their houses of worship; that harm is traceable to the new enforcement policy; and the relief requested will likely redress their injury, at least in part.” She also pointed out that the “plaintiffs have direct evidence that the government intends to increase immigration enforcement at sensitive locations – that is the whole point of the Recission Memo.”
This ruling overturned an April 2025 decision by a lower federal district court in Washington, D.C., which found that the risk was not clear enough to justify court action.
What this ruling means
The case will return to the lower court, where MC USA and its co-plaintiffs can again ask for a preliminary injunction, a temporary court order that would protect their congregations while the lawsuit continues. This ruling does not guarantee that outcome, and it does not decide the lawsuit itself. However, it moves MC USA closer to protecting its churches and may also set a precedent for other similar cases.
Why did MC USA file a lawsuit?
MC USA and other faith Christian and Jewish denominations and associations filed the lawsuit on February 11, 2025, after the Trump Administration’s rescission of the DHS “sensitive locations” policy. Since the 1990s, a series of federal “sensitive locations” policies have largely kept immigration agents, including those of Immigration and Customs Enforcement (ICE), from making arrests, conducting raids or taking other enforcement actions at houses of worship.
Without it, congregations and the people who attend worship can be targeted as part of the Administration’s mass deportation efforts.
“We’re asking the government to not interfere with our right to practice our faith freely, which is protected by the Constitution … [The lawsuit] is asking [the government] to enforce laws in ways that don’t stop us from following Jesus’ command to love our neighbors,” wrote Associate Executive Director of Church Vitality Michael Danner in his blog, “The free exercise of our faith.”
What can your congregation do?
If your congregation or ministry observes ICE or CBP activity in or around your place of worship, please contact Iris de León-Hartshorn (irisdh@mennoniteusa.org) immediately and copy your conference minister so that we can document any encroachment into sacred spaces with the court.
The plaintiffs in Mennonite Church USA et al., v. U.S. Department of Homeland Security, et al. are represented by the Institute for Constitutional Advocacy and Protection, a strategic legal advocacy arm of Georgetown University Law Center that is committed to defending constitutional rights and values while working to restore confidence in the integrity of governmental institutions.
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For further reading:
News release, Feb. 11, 2025: MC USA and more than two dozen Christian and Jewish denominations and associations sue to protect religious freedoms
Menno Snapshots blog: “Our Anabaptist witness as Mennonites” by Iris de León-Hartshorn.
2025 Church Statement on Immigration
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