URJ and CCAR FAQs on Lawsuit Protecting Religious Freedom Principles
The URJ and CCAR have proudly joined more than a dozen national faith denominations as plaintiffs in a major federal lawsuit defending religious freedom. The suit challenges the Trump administration’s recission of a longstanding “sensitive locations” policy that strictly limited ICE from immigration enforcement actions in houses of worship. Our lawsuit is rooted in our commitment to defending our right and ability to fulfill without government interference the holy and prophetic tenets of our faith, including worship, community building, and welcoming the stranger.
What is this lawsuit about?
The suit is premised on protections established by the 1993 Religious Freedom Restoration Act (RFRA), which affirmed that any action taken by the government that imposes on religious freedom must do so through the least restrictive means. In this case, we believe that the Department of Homeland Security’s lifting of the sensitive locations policy in place since 2011 fails to meet RFRA’s standards and will have significant and harmful impacts on our religious freedom.
For us, this is a matter of principle. The United States’ commitment to religious freedom, established in the First Amendment to the Constitution, is a unique and central blessing of our democracy. It has allowed Jewish life, and all religious life, to flourish in this country over the centuries. Without these protections in place, Americans of all faiths will be at risk, as will our democracy built by the descendants of those who arrived in this land seeking the right to freely practice their religion.
What legal team is the URJ and CCAR working with?
The lawsuit is led by a team from the Institute for Constitutional Advocacy and Protection (ICAP), a non-profit, public interest litigation firm housed at Georgetown University Law Center.
Who else is part of this lawsuit?
More than a dozen national faith denominations have joined as plaintiffs in this lawsuit, including denominations from the Baptist, Brethren, Conservative Jewish, Episcopalian, Evangelical, Lutheran, Mennonite, Quaker, Pentecostal, Presbyterian, Reconstructionist Jewish, Unitarian Universalist, United Methodist, Zion Methodist, traditions and more.
Who made the decision for the URJ to join this lawsuit?
North American Board Chair Shelley Niceley Groff, in consultation with URJ President Rabbi Rick Jacobs, convened the URJ Executive Board to consider and vote on joining the lawsuit. The EB voted overwhelmingly to join the suit.
Who made the decision for the CCAR to join the lawsuit?
President Erica Asch, in consultation with Chief Executive Hara Person and President-Elect David Lyon, convened the CCAR board to consider joining the lawsuit. The board voted overwhelmingly to join the suit.
What is the Sensitive Locations policy?
The “sensitive locations” policy established by ICE limited immigration enforcement actions in houses of worship, as well as schools and hospitals. The policy was rooted in an understanding that such places are vital to individual and communal health, education, and spiritual well-being.
How is the Sensitive Locations policy relevant to Reform congregations?
Every Reform congregation is a holy space for worship, community building, education, programming and more. We welcome people into our buildings without regard to their status in this country. The sensitive locations policy ensures that all these things happen freely and without the intrusion of ICE.
What do Jewish values and history teach us about immigrants and immigration justice?
Central to our religious tradition is the biblical directive to welcome the stranger, or immigrant, mentioned 36 times in the Torah. Leviticus commands, “The stranger who resides with you shall be to you as one of your citizens; you shall love them as yourself, for you were strangers in the land of Egypt” (19:33-34).
We are proud of the work our congregations, clergy, and congregants do to make our synagogues places of community, support, and in some cases, refuges to immigrants in need. Our own history as immigrants fleeing persecution inspires us to treat migrants in our midst with justice and compassion. Judaism affirms the supreme value of human life and the equal dignity of every human being. The prophets of Israel bade us to pursue justice, seek peace, and build a society of loving-kindness among all of God's creatures. We affirm our commitment to create the same opportunities for today’s immigrants that were so valuable to our own community not so many years ago.
What does this lawsuit mean for individual Reform congregations and clergy?
The lawsuit imposes no obligations on any individual congregation, clergy, or congregant. As always, every synagogue, rabbi, and congregant is free to decide their own policies and practices, as well as make their own determination on the services they provide or do not provide.
If this lawsuit succeeds, will congregations be required to provide shelter (become a “sanctuary congregation”) or services to immigrants?
No. As noted above, the lawsuit imposes no obligations on any individual congregation, clergy, or congregant. As always, every synagogue, rabbi, and congregant is free to decide their own policies and practices, as well as make their own determination on the services they provide or do not provide.
Does filing this lawsuit violate the URJ’s or CCAR’s non-profit tax status?
No. The URJ and CCAR treat with the utmost seriousness the obligations we have as 501c3, nonprofit organizations. Under those rules, we are allowed to challenge government policies that we believe are wrong and/or violate constitutional protections. The form those challenges take can include advocacy, organizing, and legal action.
Are congregations and clergy allowed to advocate for just immigration policies without jeopardizing their 501c3 tax status?
Yes. As a 501c3, you are allowed to engage in issue-based advocacy, as long as it does not comprise a substantial part of the congregation’s overall activity. (501c3 organizations are prohibited from endorsing or opposing candidates or parties running for office.)
What are the URJ and CCAR’s position on congregations providing sanctuary to individuals at risk of deportation?
The URJ and CCAR each adopted resolutions in the 1980s that recognize the holy work that is providing sanctuary to individuals at risk of deportation. We encourage any congregation considering taking such action to consult with local experts in immigration law.
Should my congregation prepare for a potential ICE raid?
Every congregation should plan how they will respond should ICE seek to enter their premises. We recommend every congregation engage in thoughtful, advance planning in consultation with their congregation’s legal advisors and local immigration law experts who can best guide them on their circumstances and local/state laws.
Where can I find information about immigration issues in my community?
There are many organizations working to inform and advance immigrant justice. We suggest contacting your local or state ACLU or the National Immigration Law Center for additional information.
Where can I find additional Reform Movement resources on immigration issues?
Find information and resources on the URJ and CCAR’s immigration related work on the RAC website.
