Texas Baptists produces explainer resource to help churches amidst changing immigration landscape

The Texas Baptists Center for Cultural Engagement has released an “explainer” resource aimed at helping churches navigate changing immigration enforcement policies.

A Jan. 20 directive issued by the acting U.S. Secretary of Homeland Security, Benjamine Huffman, rescinded guidance that prevented some federal law officials from making arrests in sensitive and protected areas, including schools, hospitals and houses of worship.

Since that time, some affiliated churches have expressed confusion and requested clarification from Texas Baptists ministry staff regarding the directive’s implications for local congregations. The resource, produced by members of the Center for Cultural Engagement, including John Litzler, director of Public Policy for the Christian Life Commission, provides a historical background and outlines five key points for churches.

Five key points for church leaders

The resource states that churches are not sanctuaries from arrest. The now-rescinded Homeland Security guidelines only advised Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to avoid arrests in sensitive or protected areas “to the fullest extent possible.” As a result of the new directive, enforcement actions may occur near sensitive areas in “limited circumstances.”

Church grounds, however, are also considered private property. Law enforcement must have a valid warrant or the owner's consent before entering private property for a search or seizure, except for law enforcement officers in “hot pursuit” of a fleeing suspect. Such an exception, the resource explains, rarely applies to an individual’s unlawful presence in the country. 

When valid arrest or search warrants are presented, churches and church leaders must comply or be subject to criminal penalties for obstructing or hindering law enforcement from executing a lawful search.

The resource also notes that churches are not under an obligation to investigate or report the immigration status of any individual attending a church event or being served by a church. Prior to employing an individual, however, churches do have an obligation to verify an individual’s identity and employment authorization.

Finally, allowing individuals to attend church worship services and events is not considered “harboring.” The church would only be guilty of a crime should they actively hide an individual from law enforcement. Churches, the resource continues, should not fear “repercussions for continuing to welcome all people, regardless of immigration status, to attend church worship services and events.”

The full resource is available in the PDF file format in English and Spanish.

Churches seek clarity on immigration law

Katie Frugé, director for the Center of Cultural Engagement at Texas Baptists, said she learned of questions that Texas Baptists field staff were receiving from churches asking for more information to ensure “they’re passing along good resources to their congregations” about the law changes.

“It became pretty obvious to me pretty quickly that this would be helpful information just due to the confusion and lack of clarity,” said Frugé. 

She said the Center for Cultural Engagement wanted to provide a document to “provide some general guidance on what the law actually says.” 

The general guidance is not intended to make a political statement but to resource affiliated congregations who desire it. Texas Baptists is a non-partisan organization.

“Confusion is never going to be in the benefit of the kingdom of heaven… so we wanted to try to provide a document that would at least give some insight and to remove some of the layers of confusion,” said Frugé.

Clarification is ‘fundamental’ to individual well-being

Rolando Rodriguez, director of Texas Baptists en Español, said providing a resource that clarifies immigration law can eliminate potential misunderstandings, help prevent the spread of misinformation and fraud, make the legal immigration processes easier and allow trust to be built between the community and institutions. 

“Clarifying immigration law for the Hispanic community is a fundamental piece for the well-being of individuals, but it is also important for integrating this community, promoting justice, mercy and respect for human rights,” said Rodriguez. 

Hispanic congregations account for about 1,200 of the 5,300 churches affiliated with Texas Baptists. Rodriguez said the impact of providing clarification for pastors and churches is “more significant than you realize.”

Churches a ‘tool for peace’ amidst new directive

Drawing from her conversation with Litzler in preparing the resource, Frugé said the document is not intended to give legal counsel, and churches should seek legal guidance for any specific questions.

Frugé said the intent of the resource is to empower the church and to function as a “tool of peace” as they become equipped with better information. 

“Don’t stop being the church. Here’s the resources for the questions that you may have, [so] continue being the hands and feet of Christ in your community,” said Frugé.