A federal appeals court, Aug. 18, upheld a preliminary injunction protecting churches affiliated with the Cooperative Baptist Fellowship from immigration enforcement activity. CBF and other plaintiffs were granted the injunction in 2025.
The ruling leaves in place the order prohibiting Immigration and Customs Enforcement and other Department of Homeland Security agents from entering CBF churches to conduct enforcement operations unless they have obtained a warrant or meet certain specified exceptions.
The 2025 preliminary injunction reinstated part of the sensitive locations policy that had been revoked by the interim DHS secretary in 2021, protecting CBF churches from unrestricted government enforcement actions.
On Oct. 27, 2021, DHS Secretary Alejandro Mayorkas issued a memorandum directing ICE and U.S. Customs and Border Protection to avoid, to the fullest extent possible, enforcement actions in or near “protected areas,” including schools, hospitals, and places of worship.
Under an order issued by the U.S. District Court of Maryland and affirmed by the U.S. Court of Appeals for the Fourth Circuit, the Department of Homeland Security—including ICE and CBP—is required to treat CBF churches as a “protected area” under the 2021 DHS memorandum.
A release issued by CBF regarding the injunction explains how CBF-affiliated congregations can identify themselves as protected under the injunction by displaying language identifying the church as affiliated with CBF, posting signage at church entrances, and utilizing resources developed by CBF Advocacy and partners to help congregations better understand their rights and protections.
CBF celebrates ruling
CBF Executive Coordinator Paul Baxley celebrated the ruling:
“Today’s decision is a powerful reaffirmation of the values that have defined the Cooperative Baptist Fellowship from our beginning. We remain steadfast in our commitment to religious liberty, local church autonomy, and the clear separation of church and state,” Baxley said in the release.
“For decades, our congregations have faithfully engaged in ministry among immigrants and refugees, offering a bold and courageous witness to the remarkable and relentless love of Christ. We give thanks that the court has preserved these protections while the case moves forward, allowing our congregations to worship and minister freely.”
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