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Are churches protected from ICE? Experts say faith leaders should have a plan

A low angle view of a man walking up a set of stairs into a church with a statue of the Virgin Mary in front of it.
A man walks into Dolores Mission Church in Boyle Heights.
(
Andrew Lopez
/
Boyle Heights Beat
)

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This story first appeared on The LA Local.

A man detained last June in the parking lot of a church in Downey.

A taco vendor taken in January during a weekly food distribution outside a church in the San Fernando Valley. 

Recent immigration enforcement actions near places of worship have raised concerns among faith leaders across Los Angeles about what protections churches actually have. While in the past, “sensitive locations” like schools, hospitals and parishes were spared from raids, President Donald Trump ended that policy. That means U.S. Immigration and Customs Enforcement can enter and investigate any place that is considered public — including churches.

Legal experts note that immigration enforcement at or near churches is still relatively rare, but faith leaders and advocates are urging pastors to develop response plans and educate congregants about their rights

Pastor Carlos Rincon of Centro de Vida Victoriosa in East Los Angeles recently hosted a “Know Your Rights: Church and Immigrant Protection” training for pastors and church leaders.

The workshop was led by the UC Irvine Law Immigrant and Racial Justice Solidarity Clinic.

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Rincon said the training aimed to counter misinformation circulating within Latino churches. He said other pastors requested the training, and he hoped it would also help leaders of small Bible study groups within his own church.

Here’s what legal experts and advocates say churches should know.

What areas of a church are considered public?

In general, any area that is open and accessible to the public is also open to immigration agents. Within church grounds, areas that are freely open to visitors can be considered public. 

This can include:

  • Parking lots — even if they are on private property — if access is not restricted by personnel.
  • Church lobbies, especially when doors are open and there’s heavy foot traffic before and after services.
  • The nave, or any central area where congregants gather for worship 

But legal experts say there’s no single factor that determines whether a place is considered public or private. 

“There’s no rigid line of, ‘This is for sure going to be public. This is for sure going to be private.’ It’s depending on the court’s analysis,” said Melissa Inda, a law student at the Irvine School of Law. 

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What areas of a church are considered private?

Areas generally considered private are:

  • Confession boxes, where privacy is expected. However, that can change if left open.
  • Offices, especially if doors are closed and clearly marked as private
  • The sacristy, or the area typically near an altar where clergy prepare for services and sacred items are stored
  • Locked storage closets exclusively used by staff or selected people
  • Bathrooms reserved for employees or clergy members
A low angle view of a church with the sun shining through the bell tower. Signage on the side of the church reads "Centro de Via Victoriosa."
The Centro de Vida Victoriosa Church in East LA on March 10, 2026.
(
Andrew Lopez
/
Boyle Heights Beat
)

What does this mean for your place of worship?

Immigration agents may enter and investigate public spaces of church property that are open to congregants or visitors. 

However, agents generally cannot enter private spaces unless they have a warrant signed by a judge. In places of worship, for example, ICE would need a judicial warrant to enter a religious leader’s private office, if it was treated as a private area.

Additionally, agents can also enter private spaces if given “consent from somebody who appears to have the authority to give it, such as staff members,” Inda said.

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What can churches do to prepare?

  • Identify non-public spaces: Places of worship should clearly mark what areas are private and which are open to the public at certain times.
  • Create a response plan: Churches should designate a primary person or persons who will interact with ICE.
    • Point persons can include staff or volunteers, not just pastors.
    • Church members should identify risk factors and discuss their comfort levels in interacting with federal agents.
  • Educate staff and volunteers: Church leaders should make everyone aware of the plan.
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