About this Policy

Although ministries can hold a range of perspectives on immigration issues, reflecting their theological, legal, and community priorities, it can be prudent to adopt a formal policy to navigate the ministry’s approach to immigration matters.

The following sample policy seeks to guide ministries in balancing their efforts to serve and care for their communities while respecting applicable immigration laws.

Ministries are strongly encouraged to seek legal counsel to review and tailor this policy to their specific circumstances before implementation.

Sample Policy Language:
Immigration Enforcement Encounter Policy

Purpose and Scope

[Ministry Name] seeks to foster a safe and welcoming environment for staff, volunteers, and all community members while upholding its legal responsibilities. This Immigration Enforcement Encounter Policy outlines procedures for interactions with Immigration and Customs Enforcement, Customs and Border Protection, or other law enforcement personnel conducting immigration enforcement activities on ministry property (collectively, “Immigration Enforcement Personnel”). It aims to ensure that [Ministry Name’s] responses are unified, lawful, and respectful.

Background: Public vs. Private Spaces

Under the Fourth Amendment to the U.S. Constitution, ministry properties can include both public and private areas.

• Public areas: Public areas are spaces such as the main sanctuary during services, reception areas, or other places generally open to the public. Immigration Enforcement Personnel may generally access these areas without a warrant or consent.

• Private areas: Private areas include restricted spaces such as staff offices, enclosed meeting rooms, and storage areas. Immigration Enforcement Personnel generally need a valid judicial warrant or consent to enter these areas, absent pressing or emergency circumstances.

Establishing clear distinctions between public and private spaces helps ensure all interactions with Immigration Enforcement Personnel comply with legal requirements.

Procedures

Procedures for interacting with Immigration Enforcement Personnel at [Ministry Name] are divided into three critical phases: preparation, encounter, and post-encounter.

1. Preparing for Encounters with Immigration Enforcement Personnel

• Signage: Consistent signage will clearly define public and private areas to reduce confusion during enforcement actions. Signs should include language such as “Private Area: Authorized Personnel Only” for restricted spaces and “Public Area: Open to All Visitors” for common areas. Design elements, such as bold lettering and contrasting colors, will be used to enhance visibility and comprehension. All ministry signage will be periodically reviewed to make sure it is working well in achieving its intended purpose and to make sure it is clearly visible.
  

• Team Designation: A response team will be designated to manage encounters with Immigration Enforcement Personnel effectively. This team serves as the first line of response during any immigration enforcement action. A current safety team may be designated to fulfill these response responsibilities.
  

• Training: The designated response team will undergo regular training sessions focused on interacting with Immigration Enforcement Personnel, verifying warrants, and monitoring and documenting encounters. These sessions will be conducted regularly to ensure sustained readiness and proficiency.
  

• Instruction: The ministry will undergo training led by qualified instructors who have expertise in immigration law and risk management. External legal counsel or subject matter experts may also be involved in providing specialized insights and ensuring that the training reflects the latest legal standards and best practices for interacting with Immigration Enforcement Personnel. The materials used for training will include detailed scenarios and examples to ensure thorough preparation and emphasize de-escalation techniques to promote a peaceful response.
  

• Caution: During training and beyond training, ministry personnel, including those on the response team, will be reminded that aiding and abetting undocumented immigrants may constitute a serious offense that could result in legal consequences. [Ministry name] does not condone or support the intentional obstruction of or interference with law enforcement personnel as such personnel perform their lawful duties.
  

• Community Awareness: [Ministry name] plans to educate the congregation, community members, and participants about this policy and the rights of those affected by it. This may be achieved through informational sessions or by distributing written materials.

2. During an Encounter with Immigration Enforcement Personnel

• Remain Calm: To prevent unnecessary escalation, all ministry personnel should remain calm and composed. Actions that could threaten or cause harm to persons or property are to be avoided. Staff and volunteers who are not members of the response team should refrain from directly engaging with Immigration Enforcement Personnel or answering any questions. Instead, they should refer these personnel to a representative of the designated response team or seek further guidance from ministry leadership if a response team representative is unavailable.
  

• Verify Identity: A response team member should politely request identifying information from Immigration Enforcement Personnel. Acceptable forms of identification include names, badge numbers, and any supporting documentation that verifies their status and the purpose of their visit. All communications with Immigration Enforcement Personnel should be courteous and professional.
  

• Review the Warrant: If Immigration Enforcement Personnel present a warrant, a response team member should verify that it is signed by a judge or magistrate, lists the address and scope of the search, and was issued within the last 14 days. Legal counsel should be consulted immediately if there is any uncertainty about the warrant’s validity. If a valid judicial warrant is presented, response team members should fully comply with the Immigration Enforcement Personnel’s search and grant access to the specified areas, including private spaces.
  

• Monitor the Encounter: Response team members should actively monitor and document all encounters with Immigration Enforcement Personnel. This monitoring may include a combination of visual observation and video monitoring, which will be needed to document the encounter effectively.
  

• Request an Enforcement Delay if Warranted: If a worship service or ministry activity is ongoing, a response team member should politely request that Immigration Enforcement Personnel delay their enforcement actions until the activity concludes. This request should be made respectfully, and the Immigration Enforcement Personnel’s response should be documented.
  

• Limit Access: [Ministry Name] does not permit searches of private areas without a valid judicial warrant. If Immigration Enforcement Personnel do not present a valid warrant or the warrant is limited in scope, the response team should inform the Immigration Enforcement Personnel that they are restricted to public areas only. Response team members should accompany Immigration Enforcement Personnel during their search to ensure that, absent a warrant granting the Immigration Enforcement Personnel access to private areas, they remain within public areas and do not exceed the warrant's scope. Reminder: Immigration Enforcement Personnel have a legal right to access public areas without a warrant.
  

• Document the Encounter: Detailed documentation of the encounter is essential. Throughout the interaction, response team members should take thorough notes to ensure an accurate record of events. Response team members may take video recordings of interactions with Immigration Enforcement Personnel, provided they announce their intention to do so in advance. If video is recorded, the videographer should work with ministry leadership on which cloud platform to save a copy of the video so they have access to it and can store or download it for safekeeping. If the ministry premises have fixed video recording equipment, any footage captured during the enforcement action should be kept as part of the documentation. After the encounter concludes, a comprehensive written report should be completed as soon as practical. This report should include the names and identifying information of the Immigration Enforcement Personnel involved, the names of response team members present, the scope of the warrant (if any), a narrative summary of what transpired, and any other relevant facts. To ensure accuracy and completeness, a designated team member should take responsibility for overseeing all aspects of the documentation process.

3. Post-Encounter Evaluation and Improvement

• Debriefing: Within 10 days of the encounter, the designated response team should review in detail what took place during the encounter, focusing on compliance with the policy, the effectiveness of the response, and areas for improvement.
  

• Review: Specific aspects to be reviewed include warrant verification procedures, communication with Immigration Enforcement Personnel, adherence to access limitations, and the quality of documentation produced. Feedback from all participants involved in the encounter should be solicited to ensure a comprehensive assessment.
  

• Recommendations: Recommendations from the debrief should be documented and incorporated into future training sessions and policy updates to enhance preparedness and compliance.
  

• Report: A formal debrief report should be prepared and shared with ministry leadership.
  

• Storage & Confidentiality: All notes, recordings, and other related materials should be securely stored for reference and, if necessary, legal review. Access to these materials should be limited to authorized personnel to protect the confidentiality of those involved in the encounter.
  

• [OPTIONAL] Support Services: [Ministry Name] may provide support services for affected individuals, such as counseling and emotional support, to individuals and families affected by Immigration Enforcement Personnel’s operations.
  

• Policy Updates: Policies and training procedures should be updated as necessary based on the encounter and recommendations from legal counsel. [Ministry Name] should promptly communicate any policy changes to all affected ministry personnel, including the response team.

Posted February 28, 2025
This is a sample policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in the preparation and distribution of this sample document.