Judge denies preliminary injunction in sensitive locations lawsuit

A US District Court judge has denied a preliminary injunction motion in Mennonite USA v. DHS, the sensitive locations lawsuit in which the Church of the Brethren is one of 27 plaintiffs.

This is just a decision on the preliminary injunction, it is not the final disposition of the case.

“We are currently reviewing the decision and are assessing our options,” said Kelsi Corkran, Supreme Court director at the Institute for Constitutional Advocacy and Protection, which is assisting the plaintiffs in the case. “We remain gravely concerned about the impacts of this policy and are committed to protecting foundational rights enshrined in the First Amendment and the Religious Freedom Restoration Act.”

A hearing on the motion for a preliminary injunction was held on April 4. The case challenges the Department of Homeland Security’s rescission of its three-decade old policy restricting immigration enforcement actions at houses of worship (see the Newsline report at www.brethren.org/news/2025/suit-to-protect-religious-freedoms). The motion sought to enjoin the new policy pending a final resolution of the case.

The motion for a preliminary injunction was supported by 66 declarations from the plaintiffs, including a declaration by David Steele, general secretary of the Church of the Brethren, and two Church of the Brethren pastors. The declarations explained how congregations serving immigrant communities have seen a significant decline in worship attendance and participation in social services as a result of the new policy.

During the hearing before Judge Dabney F. Friedrich, the judge assigned to the case, the courtroom was filled with faith leaders and members of the plaintiff denominations and associations. Those attendees had joined in a prayer together right before entering the courtroom.

The night before the hearing, an interfaith prayer vigil was held at the National City Christian Church in Washington. Approximately 150 people attended in person, with up to 1,500 watching online. The vigil began with a procession of clergy led by Rabbi Liz P.G. Hirsch singing and playing a guitar. Jim Wallis of the Center on Faith and Justice, and founder of Sojourners, gave the opening remarks. Readings, reflections, songs, and prayers were offered by other faith leaders.