What's at stake:
After the Trump administration lifted restrictions on immigration agents making arrests in sensitive areas, many local pastors have begun discussing what it would mean for their churches to become sanctuaries.
A prominent Fresno church plans to offer sanctuary later this year to at least one undocumented immigrant facing deportation as the Trump administration continues its long-promised immigration crackdown.
The leap of faith from Fresno’s Unitarian Universalist Church comes amid growing conversations among many San Joaquin Valley religious leaders over how to respond to recent federal policy changes allowing immigration agents to make arrests inside churches and other so-called sensitive locations, like schools.
A 2011 memo from Immigration and Customs Enforcement once barred agents from making arrests in sensitive locations like churches, schools and hospitals, offering a layer of protection for undocumented immigrants seeking refuge.
But on Jan. 21, the Department of Homeland Security reversed course, lifting those restrictions and granting immigration agents the authority to make arrests in churches and schools once more.
The shift has left faith leaders like the Rev. Tim Kutzmark to consider what it means to offer sanctuary in an era where, on Trump’s first day back in office, he unleashed a wave of executive orders targeting immigrants.
“Becoming a sanctuary church means that we are willing to commit a civil act of disobedience and to break the law in order to honor our church’s commitment to love, justice and equity,” said Kutzmark. “We’re called to prioritize and protect the most vulnerable and undocumented immigrants are among the most vulnerable people in our country.”
It’s also not the church’s first sanctuary experiment.
The Unitarian Universalist Church also embraced that role in May 2017, during President Donald Trump’s first term crackdown on immigrants and refugees. Kutzmark recalled how his congregation embarked on months of education, navigating the legal and logistical realities of becoming a “sanctuary church”—a haven where people facing deportation could find shelter, legal guidance and meals.
And while ultimately the church’s early sanctuary efforts didn’t take hold, Kutzmark said congregation members began asking about renewing the church’s status shortly after Trump recaptured the White House in November.
What do sanctuary churches do?
Many Christian churches have long histories of offering sanctuary in the U.S. and even challenging federal laws under Obama administration immigration crackdowns.
Kutzmark said his congregation hopes to become a sanctuary church by the end of May, offering space and other resources to an individual, couple, or family facing deportation who an immigration lawyer or legal service clinic has determined had a strong case that, if heard in court, could lead to legal residency.
The congregation once prepared to host someone in need of sanctuary, but ultimately, the person did not require shelter. In preparation, the congregation organized medical providers and other service providers who discreetly offered their time and resources to assist those in need of refuge.
The hope, he said, is to reestablish this network while also providing 24/7 shelter, food, a fully equipped bathroom and shower, and access to medical care, including dental, pediatric, and general healthcare. There is no fixed duration for sanctuary—it could last weeks, months, or even years.
“Our desire is to offer protection, resources, love, and inclusion as a way of saying: ‘We see you, you are a precious human being, and you deserve to be safe,’” said Kutzmark. “This arises from the core of our religious values. Unitarian Universalism has always been called to respond to the times we’re in and take whatever steps are necessary to ensure justice and equity for all.”
However, providing this haven and resources publicly, said Kutzmark, comes with risk for himself and his congregation.
Since immigration authorities can enter the congregation’s facilities and detain undocumented individuals, Kutzmark said this exposes the church to potential federal enforcement actions, including legal consequences and government scrutiny for sheltering immigrants.
What does the law say about sanctuary churches?
The Fresno congregation is part of the Unitarian Universalist Association’s involvement in a lawsuit, alongside a multifaith coalition and Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP), challenging ICE’s sensitive locations policy.
The lawsuit, filed on Feb. 11, details how the policy goes against UUA’s religious commitment to provide “care for those most at risk, especially due to systems of injustice,” including supporting both documented and undocumented immigrants.
For the UUA, the Christian imperatives of hospitality and caring for one’s neighbor are reflected in its shared religious values. These values include a covenant to “declare that every person is inherently worthy and has the right to flourish with dignity, love, and compassion,” to “build and sustain fully accessible and inclusive communities,” and to “protect Earth and all beings from exploitation.”
The lawsuit argues the policy “fails to consider the reliance interests of communities and persons of faith that have felt free to engage in religious worship and religiously mandated acts of service without fear of placing their immigrant neighbors at risk of arrest or deportation.”
Rupa Bhattacharyya, legal director at ICAP, explained that religious sanctuary “is not really a concept recognized in modern U.S. law,” but pointed to a past sanctuary movement in the 1980s, where religious leaders were prosecuted for harboring Central American refugees fleeing civil conflict, even though the religious leaders openly declared sanctuary.
Those cases happened before the Religious Freedom Restoration Act was enacted in the 1990s, which limits the federal government’s ability to substantially burden religious practices.
Bhattacharyya said that, under that standard, prosecuting a church for offering sanctuary to undocumented immigrants would seem unlikely. If church leaders offer sanctuary based on sincerely held religious beliefs of offering shelter to those in need, federal law could grant churches some protection.
At least in theory.
The problem is, Bhattacharyya said, this issue hasn’t been tested much in court as DHS only lifted the sensitive locations policy a few weeks ago.
The Immigration and Nationality Act (INA), which governs U.S. immigration law and enforcement, does not explicitly state that providing basic necessities such as food, shelter, or social services to immigrants—regardless of their status—constitutes harboring or illegal activity.
Under the section on “bringing in and harboring” undocumented individuals, it is a federal crime to knowingly bring, transport, conceal, harbor, or shield them from detection, as well as to encourage or facilitate their unlawful entry or stay in the U.S. Violations carry serious penalties, including fines and imprisonment.
Bhattacharyya said the harboring statute requires intent to break the law by aiding an undocumented individual. Courts have generally frowned on churches that have tried concealing activities or operated in secret, according to Bhattacharyya, though some courts have ruled that churches openly offering sanctuary could still face charges.
“Courts have not often addressed situations of open sheltering, and sheltering alone is usually insufficient in most cases,” said Bhattacharyya. “Courts usually require more than just sheltering, like false documents or instructing people to hide their status.”
Bhattacharyya advised churches considering sanctuary policies or offering services to consult with lawyers and immigration law experts.
She warned that openly offering sanctuary could make churches targets, similar to how cities and counties with sanctuary policies have been targeted by the current administration.
“It’s horrible to be in this position, but it’s just impossible to predict how this administration is going to try to enforce these laws, given their sort of stated desire to kick out everybody who is in this country without a lawful presence, said Bhattacharyya. “There are things that sanctuary churches can do short of providing shelter to undocumented immigrants that can provide a lot of good in their communities.”
Other Fresno churches weigh options
The topic of penalties is part of the ongoing discussions among other local pastors too, including Simon Biasell-Moshrefi of the Big Red Church, whose congregation is discussing what it would take for people to feel truly safe if they decide to become a sanctuary church.
Biasell-Moshrefi said that while he is unsure of the specific legal threats, he believes defying federal authorities could result in legal repercussions, including the potential arrest of those providing direct services to someone in sanctuary.
“Our church is a place of love and community for all,” said Biasell-Moshrefi. “We are committed to ensuring that everyone—regardless of immigration status—feels safe, valued, and welcomed on our campus.”
Biasell-Moshrefi said that while no one has yet asked for refuge on their campus, the next step for the church is to intentionally build relationships with individuals at risk of deportation and with organizations that support those populations.
This includes fostering relationships to understand how they can best offer support and seeking input from those affected to determine how to best use the church’s resources.
Biasell-Moshrefi noted that long-term housing would require significant resources the church currently lacks, including the ability to renovate their facilities, such as installing showers and adjusting bathrooms to accommodate someone for an extended stay.
“Being open and affirming is not passive,” said Biasell-Moshrefi. “It’s an intentional act of hospitality, where the first thing someone should feel is safety, just as the Bible teaches us to welcome outsiders because we’ve all been outsiders in some capacity.”
