MEMORANDUM To: Clergy of the Diocese of Olympia
Re: Guidance on Immigration Enforcement, Sanctuary, and Know-Your-Rights
1. The Theology of Sanctuary
Sanctuary has an ancient tradition in both our scriptures and practice. It is rooted in the belief that the Church is a place of refuge for those facing persecution or hardship. Throughout the Bible, God’s people are called to “love the stranger, for you were strangers in the land of Egypt” (Deuteronomy 10:19). Jesus teaches us to welcome the stranger (Matthew 25:35), reminding us that hospitality is a key sign of discipleship.
In the early Christian Church, sacred spaces were often recognized as places of safety, reflecting a theological conviction that God’s mercy and justice extend to all. From the late Middle Ages until the early modern period, sanctuary provided some enforceable criminal legal protections for accused individuals fleeing law enforcement in England. At this time, the Church was intricately involved in civil society and played a key role to the point that Ecclesiastical Courts exercised jurisdiction over what we would now call a purely secular matter. The right for individuals to claim the protection of the church gradually disappeared during the Reformation and the development of the modern judicial system.
Currently, sanctuary has no legal meaning in the courts or in state and federal laws. State and Federal laws apply equally to churches and other institutions. But the Church’s moral authority, its respect in society, and the discretion of law enforcement have led to a historic practice not to confront the Church often on these issues. Recent developments, however, have shown that the current administration is no longer giving deference to the Church as it has in the past.
For us as Episcopalians, offering sanctuary is not merely a legal question; it is an act of faithful discipleship rooted in our baptismal covenant to “strive for justice and peace among all people, and respect the dignity of every human being.”
This memo seeks to clarify how we might navigate living out our Christian values faithfully in accordance with secular civil and criminal laws.
2. The Church’s Stance on Immigration and Sanctuary
The Episcopal Church has spoken about immigrants, refugees, and immigration policy at multiple conventions. From advocating for humane immigration policies, supporting the rights of immigrants, and supporting the Church’s programs that help resettle refugees, our Church is committed to humane and just immigration policies.
3. Federal laws regarding immigration enforcement.
In contrast to other laws and law enforcement that we may be used to, Federal Law on immigration is built around the legal concept of status. Persons who immigrate to the United States have various protections under the law depending on their status. The spectrum of legal protections ranges from migrants without documents to permanent residents or “Green Card” holders.
Most of the current law enforcement actions are targeted at individuals without documentation. Individuals without documentation or status are subject to a myriad of federal laws governing what can and cannot be done to assist them. These individuals have the fewest rights and legal protections under our current immigration law. Historically, given the large numbers of people with this status, federal law enforcement has exercised “discretion” in interacting with these individuals. For example, DACA is a discretionary program that provided some quasi-legal status to individuals who could be deported. Various Presidents have used this discretion through both formal and informal programs.
Beyond how law enforcement chooses to interact with undocumented migrants, federal law also imposes criminal sanctions on anyone, including U.S. citizens for certain activities involving transportation, harboring, or encouraging individuals to enter or reside in the U.S. without authorization. 8 USC §1324. Specifically, the following conduct is a federal felony:
● Bringing Aliens into the United States
o It is unlawful to knowingly bring or attempt to bring a person into the U.S. at a place other than a designated port of entry.
o This includes directly facilitating or assisting in unauthorized entry.
● Transporting or Moving Undocumented Persons
o It is prohibited to knowingly or recklessly transport or move (or attempt to transport) a noncitizen within the United States if the purpose is to help them avoid detection or remain in the country unlawfully.
● Harboring or Concealing Undocumented Aliens
o Any person who knowingly conceals, harbors, or shields (or attempts to do so) an individual in the U.S. without lawful status may be liable under this provision.
o “Harboring” can include providing shelter, aiding in evading law enforcement, or helping obtain false documentation.
● Encouraging or Inducing Unauthorized Entry or Residence
o The statute penalizes those who encourage or induce a noncitizen to enter or reside in the U.S. in violation of law.
● Conspiracy and Aiding/Abetting
o The law covers not only direct acts but also conspiracies or attempts to commit the above actions, as well as aiding and abetting someone else in committing them.
One specific religious exemption exists in the statute. Churches can allow an undocumented migrant to perform as a minister or missionary for the denomination as a volunteer and receive room, board, travel, medical assistance, and other basic living expenses IF the person has been a denomination member for at least a year.
You should also avoid asking about anyone’s legal status. Both as a matter of privacy and as a protection for both you and the member. Drawing attention or publicizing someone’s legal status in the country can lead to adverse consequences to them. It may also expose you and the Church to legal consequences. Instead, focus your programs on the needs of the community and individuals who may need support in this uncertain time.
4. What is harboring?
What is key to this law is knowingly providing shelter, assistance, or support that helps a person without status remain in the United States.
There is no bright line rule, but the general approach is that if there is specific knowledge and intent to hide the individual from authorities that are targeted at persons who are undocumented, it is more likely to trigger enforcement of the criminal law. If there is a general program or service that is targeted at all members of the community, some of whom might be undocumented (for example, English classes), it is unlikely to be targeted.
Federal Government’s Historic Recognition of Churches and Immigration Enforcement
Historically, federal law enforcement has considered churches, schools, and hospitals “sensitive locations,” meaning agents typically avoid enforcement actions at these sites. This has changed. Importantly, this was within the discretion of law enforcement and not a legal protection. Recent press releases and statements by federal officials have indicated there may be an increase in law enforcement activities at these sites—but it is impossible to predict. More importantly, churches should consider balancing providing services to the community with making themselves a ripe target for those they are trying to help.
Providing spiritual care and humanitarian support to immigrants is permissible. However, actions intended to conceal individuals from lawful arrest or obstruct law enforcement may expose individuals or congregations to legal liability. Always consult with qualified legal counsel before undertaking any high-risk actions, such as a formal sanctuary where a person physically resides on church property to avoid arrest.
5. How to Respond if ICE Shows Up at a Church
Immigrations and Customs Enforcement (ICE) officers are agents of the federal government, and the primary agency associated with internal immigration enforcement. There may be other agencies that you may interact with, including the Border Patrol, USCIS, FBI, ATF, etc.
Federal law enforcement has legal authority to pursue their legal directives. They are, however, constrained by laws and constitutional rights, and it is important to assert these rights.
If ICE, or other law enforcement, shows up, here is what you need to do:
1. Identify the spokesperson
You should establish a policy on who can communicate to law enforcement on behalf of the church. There should be a primary and a secondary person, depending on who is on site and available.
2. Remain Calm and Courteous
Greet officials politely, request to see identification and gather basic information (e.g., name, agency, reason for the visit). You may ask what agency they are with, and their badge number or other credentials to confirm their lawful authority.
3. Ask to See a Warrant
There are two types of warrants you may be presented with: judicial warrants and administrative warrants. You are only obligated to grant access and comply with a judicial warrant. A judicial warrant would be issued either by a State Court (Municipal, District and Superior Courts and not for immigration matters) or a U.S. District Court.
Our Diocese is in the Western District of Washington and a federal judicial warrant would state on the warrant that it is from that court (in rare circumstances it might be from another district court).
An administrative warrant which would be issued by an immigration court, or the Department of Homeland Security, does not provide legal grounds for entry into private property.
Although portions of the Church may be considered public spaces, you may lawfully refuse entry to private areas of your church if an administrative warrant is the only warrant presented. Note these would be the areas of the church that are not normally open to the public. You may want to consider labeling portions of the church that are not open to the public with signs stating “Private”.
4. Avoid Providing Legal Advice
Unless you are a licensed attorney, refrain from advising individuals on their specific legal case on what they should or should not do in the middle of an arrest or detention. But you can make sure to contact an attorney on the person’s behalf. If the Church is subject to a warrant, i.e. the Church is being searched, you should immediately contact counsel. If you are a parish, you should contact your Church’s attorney. If you are a mission congregation, contact the Diocesan Chancellor or Vice Chancellor.
5. Continue Pastoral Care
Even if an enforcement action proceeds, continue to offer pastoral support and spiritual care to all involved. Do not, however, physically obstruct lawful enforcement or otherwise interfere with their search. To do so is a crime.
6. Know Your Rights: What People Need to Know
Although you are not a legal advisor, you may distribute general “know your rights” information. Specific handouts should be available in advance.
A. Right to Remain Silent
Individuals can refuse to answer questions about their immigration status. However, if they do choose to answer, they must answer truthfully. Refusing to answer does not necessarily mean that the person will not be arrested.
B. Right to Refuse Consent to Search
Without a judicial warrant, law enforcement cannot search private areas of a home, church, or vehicle without consent. In rare circumstances, there may be exigent circumstances. You should clearly state that you decline to consent without a warrant—but you cannot interfere if the agents proceed over your objection.
C. Right to an Attorney
Individuals have the right to consult with a lawyer or legal aid before speaking further, especially if in custody.
D. Right to Request Proof of Warrant
People can calmly ask officers to produce a valid warrant signed by a judge before allowing entry into private areas. You have the right to review these warrants.
7. Being a Place of Sanctuary
Being a sanctuary Church can range from offering people moral and prayer support to physically housing someone at risk of deportation. At its core, “sanctuary” means offering a safe space, support and hospitality to vulnerable individuals, without regard to status and consistent with Christ’s command to welcome the stranger.
Importantly, there are many practical options that you can undertake to provide support to the most vulnerable in our community during this time. Here are some examples to live into this ideal and help avoid exposure:
a. Adopt a policy of non-discrimination and welcoming to all regardless of status, race, ethnicity, gender identity and orientation. Emphasize that the Episcopal Church welcomes all.
b. Ask members not to ask about immigration status and do not document someone’s immigration status.
c. Establish clear, non-specific policies over what areas of the Church are open to the public and when and what areas are private. Post signage over private areas.
d. Build relationships with immigrant communities in your local context, encourage members of your congregation to build relationships and listen to their needs and find ways to walk with them.
e. Provide shelter, food, and services to a broad set of individuals.
f. Provide legal handouts and other resources to help educate immigrant communities about their rights. Hold trainings, legal clinics and seminars or connect members of your congregation with trainings to educate individuals on their rights.
g. Encourage members of your community to develop emergency action plans, such as childcare support, powers of attorney, and other planning to ensure that if something does happen, they have support that is needed.
h. Provide hospitality to help new arrivals and communities without regard to immigration status. For example, support can include medical assistance, food, and other traditional services that churches provide to their members. You can connect them with legal help.
i. Consult with resources in the Diocese, the Episcopal Church, the larger faith community, and other non-profits on how you can support their work.
j. Refrain from sharing details about events on social media or other public platforms that could attract unwanted attention or surveillance from authorities.
8. Conclusion
This work is neither political nor secular—but is founded in the deepest traditions of our theology and practice. Our role as disciples of Christ in the world is to reflect the love of Jesus in all persons, regardless of their citizenship or origin. The Church remains committed to a ministry of radical hospitality and to upholding the dignity of every human being. In this challenging climate, clergy and congregations are encouraged to act in ways that are both faithful and legally informed. The offering of sanctuary and pastoral care for immigrants must always be grounded in our gospel values, tempered by prudent understanding of the law.
If you or your congregation are considering offering sanctuary or have questions on responding to immigration enforcement, you may consult with diocesan leadership and legal counsel beforehand. Our goal is to protect both the vulnerable individuals we serve and our faith communities that stand in solidarity with them.
9. Additional Resources & Provisions
Episcopal Church Resources
– Episcopal Church Office of Government Relations : https://www.episcopalchurch.org/ministries/office-government-relations/
-Episcopal Church Policies on Immigration and Refugees: https://www.episcopalchurch.org/ogr/summary-of-episcopal-church-policy-on-immigratio n-and-refugee-issues-2/
– Episcopal Migration Ministries https://episcopalmigrationministries.org/
Legal Support, Referrals and Resources
– Northwest Immigrant Rights Project – https://www.nwirp.org
-Seattle Office of Immigrant and Refugee Affairs – https://www.seattle.gov/iandraffairs/programs-and-services/immigration-legal-defense
