At the Executive Council meeting in March, Council members approved the following information offered by the Task Force to Create a Sanctuary Diocese. The information is for use by congregations and groups using church property in the event of Immigration and Customs Enforcement (ICE) or any other agency coming onto the property in search of a person or persons.
The Task Force and Council encourage and support clergy, wardens, and vestries to attend to this important information and take the steps recommended below.
Statement
The Episcopal Diocese of Vermont is committed to protecting the rights of all who come through our doors, creating a welcoming and inclusive environment free of barriers, regardless of a person’s immigration status.
Consistent with the rule of law, the Episcopal Diocese of Vermont honors valid judicial warrants. Any request for Immigration and Customs Enforcement (ICE) or any other agency to come onto the property in search of a person or persons must be accompanied by a legal and valid warrant signed by a judge. Unless someone from immigration law enforcement (ICE and/or Homeland Security) presents a judicial warrant, they may not enter any church buildings. A DHS/ICE Administrative Warrant is not signed by a judge and as such cannot compel the church to permit entry.
Without prior authorization from the Bishop or her designee, The Episcopal Diocese of Vermont does not consent to non-local law enforcement accessing church facilities; church personnel may not give consent without such authorization.
Action Steps
The Task Force on Becoming a Sanctuary Diocese recommends that congregations immediately do the following:
- Develop a written response policy & preparedness plans in advance.
- Make sure leadership knows the following:
- If ICE comes to your premises, ask agents to wait to give time to evaluate any warrant and to collect thoughts for a difficult situation. Advise the officer that they must wait outside the church buildings and off church property while you obtain guidance from your attorney.
- To connect with the Diocesan attorney, Chancellor Tom Little, contact him directly at 802.238.4989 and then contact the Rev. Canon Susan Ohlidal at 802.391.7127.
- Be mindful that if you are unable to reach Tom Little for any reason, the ICE officer(s) will not wait indefinitely and may proceed to conduct their search.
- Seeing point 2:
- Designate an authorized person to review warrants & subpoenas.
- Understand the distinctions between public and private areas. Take these
IMPORTANT STEPS FOR ALL FORMERLY PROTECTED AREAS:- Identify non-public spaces. ICE agents may enter public spaces that are open to congregants but cannot enter private areas such as offices and rectories. Places of worship should clearly delineate what areas are private and/or if areas are only open to the public at certain times.
- Train non-authorized staff & volunteers on how to respond to ICE requests.
- Document all interactions with immigration enforcement.
- Connect with immigration response networks in your area.
Most important: Do not promise anyone (i.e., refugees and immigrants without legal status) something that you cannot deliver on. The legal authority of ICE is broad, and it will not be difficult for them to obtain administrative warrants, and only slightly harder to obtain judicial warrants.
Resources
Immigration Action Toolkit from The Episcopal Church
Printable Rights Cards AKA Red Cards (In English and Spanish)
Content is as follows. These cards are available to citizens and non-citizens alike.:
You have constitutional rights:
- DO NOT OPEN THE DOOR if an immigration agent is knocking on the door.
- DO NOT ANSWER ANY QUESTIONS from an immigration agent if they try to talk to you. You have the right to remain silent.
- DO NOT SIGN ANYTHING without first speaking to a lawyer. You have the right to speak with a lawyer.
- If you are outside of your home, ask the agent if you are free to leave and if they say yes, leave calmly.
- GIVE THIS CARD TO THE AGENT. If you are inside of your home, show the card through the window or slide it under the door.
I do not wish to speak with you, answer your questions, or sign or hand you any documents based on my 5th Amendment rights under the United States Constitution. I do not give you permission to enter my home based on my 4th Amendment rights under the United States Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name on it that you slide under the door. I do not give you permission to search any of my belongings based on my 4th Amendment rights. I choose to exercise my constitutional rights.
