Philadelphia Yearly Meeting of the Religious Society of Friends v. U.S. Department of Homeland Security
Legal Issues
Overview
Overview
The government appealed Judge Chuang's order granting a temporary restraining order and preliminary injunction which prevents ICE enforcement in houses of worship.
The Issue
Issue
Whether ICE enforcement activities conducted within houses of worship violate the First Amendment's protections for religious exercise and assembly, and whether such enforcement constitutes an unreasonable search in violation of the Fourth Amendment.
The Rules
Rule
The First Amendment protects religious exercise and assembly; laws substantially burdening religious practice are subject to strict scrutiny unless they are generally applicable and neutral. The Fourth Amendment protects persons against unreasonable searches and seizures, and enforcement agents must employ the least restrictive means to accomplish legitimate government objectives.
The Application
Analysis
The lower court determined that ICE enforcement in houses of worship likely violates these constitutional protections, as such enforcement directly burdens religious assembly and exercise without adequate justification, and that less restrictive alternatives exist for immigration enforcement.
The Conclusion
On August 18, 2026, the Fourth Circuit affirmed the preliminary injunction in a published opinion by Senior Judge Barbara Milano Keenan, joined by Judges Agee and Harris, with Judge Agee concurring. The court held that the plaintiffs have standing because the predicted decline in worship attendance is fairly traceable to the new policy and redressable by an injunction, that the district court did not abuse its discretion in finding the plaintiffs likely to succeed on their RFRA claim because the rescission substantially burdens their religious exercise, and that the government waived any strict-scrutiny defense by failing to present argument or evidence in the district court. The court did not reach the First Amendment claim. The preliminary injunction requiring DHS to follow its prior protected-areas guidance remains in effect.
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