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A coalition of Quaker organizations is suing the U.S. Department of Homeland Security (DHS) in a Maryland federal court, seeking to block a policy that allows Immigration and Customs Enforcement (ICE) to conduct enforcement actions in previously protected spaces, including churches. The lawsuit, filed Monday, contends that the policy shift is unconstitutional and violates religious freedom protections.

The plaintiffs, including the New England Yearly Meeting of the Religious Society of Friends, argue that the DHS policy change harms their First Amendment rights and contravenes the Religious Freedom Restoration Act (RFRA) and the Administrative Procedure Act (APA).

Quakers Condemn ICE Presence in Churches

The Quaker groups, some with histories stretching back more than 350 years, say the new policy undermines their religious practices and deters immigrant congregants from attending services.

"Allowing armed government agents wearing ICE-emblazoned jackets to park outside a religious service and monitor who enters or to interrupt the service and drag a congregant out during the middle of worship is anathema to Quaker religious exercise," the lawsuit states.

For decades, DHS policies have prohibited ICE from conducting raids in churches and other "protected areas" unless extraordinary circumstances existed. However, on Jan. 21, DHS rescinded that policy, instructing agents instead to "use common sense" when deciding on enforcement actions in religious spaces.

Religious Freedom at Stake, Quakers Say

Quaker congregations have long welcomed all individuals, including immigrants, as part of their communal religious services. They believe that diverse participation strengthens their faith and allows them to hear messages from God.

The groups say the new ICE policy discourages immigrant attendees from worshiping freely, burdening their religious rights and restricting their ability to associate with their communities.

In addition to religious freedom concerns, the lawsuit also argues that DHS violated the Administrative Procedure Act by failing to provide a clear justification for overturning a long-standing policy and neglecting to engage in proper notice-and-comment rulemaking.

Legal and Political Reactions

"A week ago today, President Trump swore an oath to defend the Constitution, and yet today, religious institutions that have existed since the 1600s in our country are having to go to court to challenge what is a violation of every individual's constitutional right to worship and associate freely," said Skye Perryman, president and CEO of Democracy Forward, which is representing the Quaker groups.

The DHS declined to comment on the lawsuit.

Legal Representation

• Quaker groups: Represented by Alethea Anne Swift, Bradley Girard, Sarah Goetz, Andrew Bookbinder, Audrey Wiggins, and Skye Perryman of Democracy Forward.
• DHS: Counsel information was not immediately available.