News / FJP Releases

October 2, 2026 (Boston, MA) — Fair and Just Prosecution (FJP), joined by the Law Enforcement Action Partnership (LEAP), filed an amicus brief urging the U.S. Court of Appeals for the First Circuit to affirm a preliminary injunction in New England Synod v. U.S. Department of Homeland Security. The brief argues that the federal government’s elimination of longstanding protections against civil immigration enforcement at or near houses of worship and other sensitive locations threatens public safety by eroding trust in law enforcement and weakening civic institutions that help keep communities safe.

For over 30 years, the federal government imposed significant limits on civil immigration enforcement in or near sensitive locations, including houses of worship, schools, hospitals, and emergency relief providers. Enforcement actions in these locations were generally reserved for limited circumstances, such as a national security threat or an imminent risk of death, violence, or physical harm. In January 2025, however, the Department of Homeland Security (DHS) rescinded those protections and gave immigration agents greater discretion to conduct enforcement actions in locations that had previously been protected.

FJP and LEAP’s brief explains that this policy change will prove counterproductive, as it will make victims and witnesses less willing to report crimes, cooperate with investigations, appear in court, or testify. Even when local authorities play no role in immigration enforcement, community members may not recognize the distinction between federal immigration agents and the local police and prosecutors who depend on their cooperation.

“Prosecutors have an important role in protecting public safety, and they cannot do that work effectively if victims, witnesses, and community members are afraid to come forward,” said FJP Executive Director Aramis N. Donell. “When people fear that going to a house of worship or turning to other community institutions could expose them or their loved ones to detention, family separation, or other immigration consequences, that fear can spread even to people who are not lawfully subject to immigration enforcement. The result is less trust, less cooperation, and communities that are less safe.”

By undermining community trust and discouraging people from accessing institutions that provide essential services, DHS’s policy makes it harder for local prosecutors and law enforcement to do their jobs. FJP and LEAP urge the First Circuit to recognize the serious public safety consequences of the policy and affirm the district court’s preliminary injunction.

This filing comes after the Fourth Circuit in August affirmed a preliminary injunction in a separate challenge to the same 2025 DHS policy. In Philadelphia Yearly Meeting of the Religious Society of Friends v. DHS, the Fourth Circuit considered the harms to religious organizations and their congregants resulting from the policy, including reduced attendance and participation in religious services. FJP and LEAP also filed an amicus brief in that case addressing the public safety consequences of immigration enforcement at or near houses of worship.

Read the full amicus brief here.