Cameron Miranda
Churches are protected by the First Amendment guarantee of religious freedom, which has led to questions about the extent to which governments can impose legislation on them. While churches are generally exempt from some requirements, such as registering securities, they are not above the law and remain subject to certain prohibitions, including securities fraud. In recent years, the role of churches as sanctuaries for people fleeing law enforcement, particularly those facing deportation, has gained attention. While churches can provide sanctuary in specific circumstances, they are not immune to legal consequences for harbouring fugitives. Additionally, the use of church facilities by outside groups raises concerns about liabilities, including child abuse and unwanted activities. To navigate these legal complexities, churches often seek legal counsel to establish policies and agreements that align with state laws and protect their interests.
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What You'll Learn
Churches as sanctuaries for people facing deportation
In recent years, the role of churches as sanctuaries for people facing deportation has gained prominence. People facing deportation due to immigration law violations have occasionally sought refuge in churches, believing that the church's sanctuary status might protect them from immigration enforcement. This belief has led to a growing number of churches providing sanctuary to fugitives. However, it is crucial for churches to understand the limitations of their ability to prevent law enforcement from arresting individuals on their premises, as well as the potential legal repercussions for the church, its employees, and volunteers.
While churches can provide sanctuary in various circumstances, such as protecting victims of domestic violence, sheltering minors from abusers, or offering a warm place to sleep during harsh weather, they are generally not considered a safe haven for suspected criminals. Federal immigration law explicitly states that harbouring undocumented immigrants "in any place" is a criminal offence, and those who knowingly assist fugitives may face legal consequences, including arrest and prosecution. Church leaders must carefully consider the potential risks and consequences before offering sanctuary to individuals evading law enforcement.
The decision to provide sanctuary should be made by the church's board after a thorough examination of the facts and potential risks involved. It is essential to consider whether the church's insurance will cover legal expenses in the event of criminal prosecution. Seeking competent legal counsel that specialises in church and tax-exempt law is advisable before offering sanctuary. By doing so, churches can better understand their rights, responsibilities, and potential liabilities when providing sanctuary to individuals facing deportation.
In the 1980s, Reform Movement congregations primarily provided sanctuary to Central Americans facing deportation. The Union for Reform Judaism's 1985 resolution emphasised the importance of treating aliens with justice and compassion, drawing on the lessons from their own history. Today, organisations like the Religious Action Center of Reform Judaism actively discuss and promote the importance of providing sanctuary for immigrants facing deportation. They host webinars featuring experts from various fields, including rabbis, lawyers, and religious leaders, to explore the role of sanctuaries in protecting undocumented immigrants.
While some cities and states in the United States have embraced the idea of sanctuary jurisdictions, the Department of Homeland Security (DHS) has targeted these places for obstructing deportation plans. In 2025, the DHS published a list of 500 sanctuary cities, counties, and states that they believed were hindering the enforcement of federal immigration laws. This action sparked controversy, with critics labelling it as "unconstitutional and immoral." Despite the pushback, the Trump administration, led by Homeland Security Secretary Kristi Noem, continued to pressure communities to comply with their deportation agenda.
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Child abuse liability
Churches should ensure they have sexual abuse liability coverage as part of their insurance policies. They should also be aware of changing laws and regulations and verify that their insurance coverage keeps pace with these changes.
Churches should also be aware of their potential child abuse liabilities when allowing outside groups to use their facilities. Before doing so, churches should seek competent legal counsel to understand their potential responsibility and risk for child abuse allegations arising from an outside group. They should also consider whether they could be held responsible for not reporting an allegation and whether they should require child safety measures as a condition of facility use.
When allowing outside groups to use their facilities, churches should have the group sign a 'facilities use agreement' that provides a license to use the property, contains a hold-harmless and indemnification clause, and states that the church provides no supervision or control over the property when used by the group. Churches should also be added as an insured party under the group's liability policy and review this policy to ensure it provides adequate coverage and does not exclude sexual misconduct. If the group's activities will involve minors, churches should obtain written acknowledgment that all workers have been adequately screened and trained, similar to the church's child abuse policy and training.
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Self-defence laws for church security teams
In recent years, the role of churches as sanctuaries and asylums for people fleeing law enforcement has come into the spotlight. Churches that provide sanctuary to fugitives must understand the limits of their ability to prevent law enforcement from arresting someone on church grounds, as well as their potential legal liability. While the Bible does not explicitly mention self-defence, it is implied in several passages and is expected throughout the Scriptures. Jesus, for example, urged his disciples to be armed for defence in perilous situations (Luke 22:36-38).
In the United States, self-defence is a commonly recognised right, but state and federal laws focus on defining the grey areas of what is and is not accepted as self-defence. Several states draw a line between self-defence and manslaughter or murder when deadly force is used. When less than deadly force is used, this can define whether it is self-defence or assault and battery. The three universally understood elements of justifiable self-defence are Imminent Threat, Reasonable Belief, and Proportional Response. A person must be facing an imminent threat, and once the attack stops, one must stop fighting back, as continuing would be considered retaliation rather than self-defence.
Church security teams should consult law enforcement or an attorney to ensure their defensive policies align with state and federal laws. The most common and frequently used level of force is verbal persuasion, and church safety team members should be trained in dealing with disruptive persons using verbal de-escalation techniques. If your church decides to allow security team members to carry firearms, the use of those firearms would only be legal to stop an attack against a person in which great bodily harm or death could have occurred. Deadly force can only be used to defend a person from the use or imminent use of deadly physical force or the imminent infliction of great bodily harm. Church Safety Members discharging a firearm must do so only if it will not cause injury to someone else.
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Church tax exemption
Churches are unique entities under US law, and their tax-exemption status is automatic. This exemption is based on the Constitution and specific IRS codes, which ensure churches are recognised as federally tax-exempt entities.
To maintain their tax-exempt status, churches must be formally organised (for example, as a corporation or trust), operate exclusively for exempt purposes (religious, charitable, etc.), and adhere to public policy standards. These standards include prohibitions on racial discrimination and advocating for the overthrow of the government.
While not required, some churches may opt to obtain a Letter of Determination from the IRS for additional credibility and assurance to donors and stakeholders. This letter can also be useful for fundraising, grant applications, or supporting affiliated ministries. The process for obtaining a Letter of Determination involves filing IRS Form 1023 and undergoing a thorough review by the IRS.
It is important to note that the use of church facilities by outside groups can introduce new risks, such as child abuse liability, unwanted use for purposes that conflict with the church's beliefs (such as same-sex marriages), or activities that are illegal or risky. These risks can potentially jeopardise the tax-exempt status of the church. Therefore, it is recommended that churches seek competent legal counsel that understands church and tax-exempt law before allowing outside use of their property.
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Government regulation of church activities
The government regulates church activities in several ways. Firstly, there is the application of laws prohibiting fraud in the sale of securities. Federal and state laws require the registration of securities and the persons selling them. These laws also broadly prohibit fraudulent activities in the sale of securities, and churches are subject to this prohibition in all fifty states and under federal law.
Secondly, the government has a role in protecting copyright owners against infringement, which is beneficial to churches. Most churches acknowledge that religion should not be a means to avoid laws protecting the life, health, and safety of the public. However, the extent of government authority is sometimes questioned, such as in the regulation of gifts to churches or the solicitation of funds.
Thirdly, the government regulates land use and zoning ordinances for churches, which can include governing the assembly for worship, the location of churches, and the functions they can perform at those locations. This has resulted in some churches being barred from meeting in certain areas or erecting structures that neighbours deem inappropriate.
Additionally, the government enforces a ban on political campaign activity by churches and charities. This ban was created by Congress over fifty years ago and prohibits 501(c)(3) organisations, including churches, from engaging in any political campaign activity. The IRS regularly reminds churches of this ban.
Finally, churches must also comply with laws regarding the use of their facilities by outside groups. This includes addressing potential liabilities, such as child abuse, and ensuring that outside groups adhere to safety measures and policies. Churches that provide sanctuary to fugitives, especially those facing deportation, should be aware of the limits of their protection from law enforcement and the potential legal consequences.
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Frequently asked questions
Churches have, in recent years, been seen as places of sanctuary for people fleeing law enforcement. However, church leaders must be aware of the consequences of harbouring a criminal, which is often also a criminal offence. Churches can provide sanctuary in a range of circumstances, including protecting victims of domestic violence, but are not a place where suspected criminals can hide.
Churches can be held liable for child abuse if they allow outside groups to use their facilities. To protect themselves, churches should have outside groups sign a "facilities use agreement" and be named as an insured party under the group's liability policy.
Church security team members can use force in some states, where Stand Your Ground laws allow people to use force without first attempting to retreat. However, it is important to understand the laws of your state before training Church Safety Team members in the use of force.
Churches are exempt from some securities requirements in certain states. However, they are still subject to the prohibition of securities fraud in all fifty states and under federal law.
