Our immigrant neighbors
This letter is from Rev. Dr. Tracy S. Malone, Resident Bishop, Indiana Conference of The United Methodist Church. Many thanks for her permission to share it.
Friends in Christ –
A number of pastors and leaders have asked about guidance regarding ways to respond to the confusion of recent immigration enforcement activity. The situation remains fluid at this time and solid information is not readily available, however we have sought counsel from legal advisors to get some information which is shared below. Please note that each situation is unique and pastors and churches will have to use discretion while protecting the vulnerable and being amenable to the law in their context.
THINGS TO CONSIDER:
Some states have protections in place from raids but with these new executive orders it is not clear whether the executive order supersedes state laws. We won’t have real clarity until we see how some of these things will be ruled on in courts.
As an initial step before any ICE contact, it has been recommended that churches designate spaces as public vs. non-public in the church building. Public locations such as the lobby or sanctuary can be entered by ICE, but non-public offices cannot unless a valid warrant is presented (discussed below). If ICE does show up at any of your church locations, you are advised to contact your church’s attorney immediately. It is recommended to designate someone to let the ICE officers know that they are going to contact the attorney and then move forward with the next steps:
Ask the ICE officers if they have a warrant and request to see the warrant. Only with a valid warrant can ICE then enter non-public spaces. A valid warrant must be signed by a judge and includes: a timeframe to execute, specifics to the location to be searched (i.e. address), and a description of the items to be searched for/seized or persons they are looking for.
If the warrant is not signed or information is listed incorrectly such as the church’s address, it is not valid.
If no valid warrant is presented, the church is not required to let the ICE officers into non-public spaces and not required to answer any questions.
If a valid warrant is presented, staff can provide access only to the areas specified in the warrant. Staff are allowed to videotape or record any interactions with the officers, but please announce you are doing so. If any arrests are made or documentation taken:
Ask for the names of the individuals arrested and where they are going to be held.
After the officers leave, write down as much detail as possible such as officer names and badge numbers, types of uniforms, what the warrant looked like, etc. and send to us.
Anyone who ICE may be looking for can be reminded of their right to remain silent and speak to an attorney. Also, we have been advised that by asking to see a warrant or refusing to allow a search without a warrant, despite what has been said in the media, is not illegal harboring or an obstruction of justice. We of course caution to not lie to any ICE officers, but your staff/volunteers can remain silent or decline to answer questions.
We are also attaching here a Know Your Rights document and Know Your Rights graphic which the church could have available to remind anyone of their rights if ICE were to come to their home. In that document, there is also a link to the ‘Know Your Rights’ cards which can be printed and distributed so that anyone can have a copy on their person as they may need.
Rev. Dr. Tracy S. Malone
Resident Bishop
Indiana Conference of The United Methodist Church
