Crowd gathered for Feb. 16 interfaith “Offering a Safe Haven for Immigrants” workshop at St. Paul’s Commons. Photo: Bob Williams
Keep calm and carry on but have a plan in place now in case Immigration and Customs Enforcement (ICE) agents show up at houses of worship, Samir Hafez and Tony Gevorgian, students from the UC Irvine Law School Immigrant Rights Clinic, told about 125 people attending a Feb. 16 interfaith gathering at St. Paul’s Commons.
“It is imperative to stay prepared and to have a plan for interactions with ICE, to protect yourself and your congregation,” said Hafez. Both students provide limited free legal services to immigrants facing detention and deportation, as well as information about current law to community organizations, under faculty supervision. The gathering drew another 80 people online.
The interfaith workshop, “Offering a Safe Haven for Immigrants,” was hosted by the diocesan Sacred Resistance movement and CLUE, Clergy and Laity United for Economic Justice, to raise awareness of constitutional protections in the event of ICE actions at local congregations.
Sacred Resistance, a network of churches, institutions and individuals committed to protecting immigrant rights, grew out of a Dec. 3, 2016 convention resolution declaring Los Angeles a sanctuary diocese.
Although ICE agents may now conduct actions in what were formerly known as “sensitive” areas, like churches, schools, hospitals, and houses of worship, basic constitutional rights apply to everyone, regardless of immigration status. These include the right to remain silent; to consult an attorney before speaking with agents; to not incriminate oneself; and to refuse searches of property or person, Gevorgian said.
“ICE may push boundaries,” Hafez said. “They may say ‘we do not need a warrant.’ That is not true. The Fourth Amendment still applies. It’s important, if ICE pushes boundaries, that you stay calm and insist on seeing official documentation and communicate that you know your rights.
“If you are unsure, request time to consult with an attorney before allowing any private search,” he added. “They may say your rights are invalid. They may also overstate their authority and say that they have gotten a warrant or that they are police. They may threaten you and say that you are obstructing justice and their investigation.”
Additionally, local Rapid Response Networks are available to offer immediate support in the event of ICE action, CLUE organizer Sithy Bin told the gathering. The Los Angeles Rapid Response Network is a collaboration of more than 25 organizations and groups prepared to provide supportive services, Bin said. “Community members can report immigration enforcement operations in real time.”
The Episcopal Church has joined with other religious organizations in a lawsuit challenging current federal policies that allow ICE actions in churches. Under previous administrations, churches, schools, hospitals and houses of worship were considered exempt from such actions.
Clergy and congregations need to be aware of constitutional protections in the unlikely event that ICE attempts to enforce a deportation order on church property, Gevorgian said. He and Hafez, offered the following guidelines and best practices for churches and individuals:
Make a plan and communicate it
Create a plan of action, identify and assign responsibility to clergy for interacting with ICE. Assign a back-up person if clergy are unavailable. Develop guidelines, even practice, for how to proceed in the event ICE agents attempt to enter the campus. Ensure congregation members are aware of the plan. Know your rights.
Verify; doublecheck document accuracy
Verify the officer’s law enforcement agency, his or her identity, badge number, ask for a business card and the reason for their visit. Only a warrant signed by a judge can give ICE access into a private area without consent, Hafez said.
Inspect documents to be sure they are warrants and not administrative orders, which do not authorize access into private spaces without consent. Check the accuracy of any names, dates, locations, including church names listed on a warrant. Misspellings and inaccurate information may invalidate a warrant. Ask for a copy of the warrant for your records.
Public v. Private Spaces; Don’t Open the Door
Most church campuses contain both public and private spaces, Hafez said. Worship and outdoor spaces are generally considered public, and accessible to everyone, while many office and meeting areas or spaces with limited access, like a sacristy, are private. An area’s use defines its expectation of privacy. ICE may enter public spaces without a warrant.
Designating public versus private spaces with signage may help, “but there is no single factor like signage that will be determinative,” Hafez said. If at a residence, ask the agent to slide the warrant underneath the closed door. Opening the door or allowing ICE agents inside a home could be interpreted as agreeing to a search.
Refuse to comply but be cooperative
If agents request details of a church member’s immigration status, clergy should assert priestly privilege, guaranteed under the First Amendment. It is acceptable to repeat to agents: “I do not comply.” But refrain from interfering with officers or attempting to physically prevent investigations or arrests. Do not provide false or misleading information. Such actions could lead to charges of obstructing justice.
Seek guidance, document, rapid response
Call a local rapid response network; document the interaction by videotaping or writing notes detailing, “who is involved, and what was said. You have the right to videotape, if you’re not interfering with ICE investigations,” Hafez said.
If rights are violated, contact an attorney or legal organization, Hafez said.
Bin offered contacts for Rapid Response Networks and other community resources:
- Los Angeles Rapid Response Network: 888-624-4752
- Inland Coalition for Immigrant Justice (San Bernardino/Riverside): 909-361-4588
- Southern Central Coast Rapid Response Network (Santa Barbara, Ventura, and San Luis Obispo): 805-870-8855
- Long Beach Community Defense Network: 562-269-1083
- San Diego Rapid Response Network (SDRRN): 619-536-0823
- Orange County Rapid Response Network: 714-881-1558
- CHIRLA: 213-353-1333
- ORALE (Long Beach): 562-276-0267
To learn more about basic rights, visit Immigrant Legal Resource Center.
Other upcoming events include:
- March for Dignity, Saturday, March 1, 10 a.m., at Broadway and Olympic in Los Angeles.
- “When ICE Comes to Church: Faithful Resistance & Legal Protections, 9 a.m., Friday, Feb. 21. Register here.
To connect with Sacred Resistance, fill out the form here.
For further information about Sacred Resistance, read more here.
The Episcopal Church’s Immigration Action Toolkit offers ways to help as well as resources for individuals, congregations, and dioceses.