Over the past few days, USCJ has received questions and concerns from congregations across the United States seeking guidance in light of the executive orders changing enforcement policies around undocumented individuals. These orders have the potential to affect both undocumented immigrants and those who reside in the country legally. These new policies may be causing anxiety, fear, and grief for some in our communities.

Every country has a responsibility to ensure secure borders and safety for its citizens.  However, Jewish tradition also advocates for the rights of non-citizens and sees their fair and humane treatment as a test of the moral fabric of a society.  The Torah repeats the admonition 36 times to treat the “stranger” equally, “for you were strangers in the Land of Egypt.” Indeed, for thousands of years, the Jewish people have been displaced, forced to flee persecution, and expelled from nations. This shared history, from the Exodus to the modern day, is a story every generation of the Jewish people has experienced. Even this week, on the 80th anniversary of the liberation of Auschwitz, we remember the Jewish refugees aboard the St. Louis denied entry to the United States because of anti-immigration policies. Because of this, we have deep empathy for those who may face denied entry, displacement, and deportation and want to ensure that their rights are fully protected. 

The list of resources and guidance below is not legal advice but a response to inquiries from our congregations. We encourage each congregation to determine an appropriate course of action in consultation with an attorney familiar with state and local law.

For more than 130 years, HIAS has advocated for immigrant and refugee rights in the United States and abroad, from a Jewish perspective. Sign up for alerts or learn about advocacy actions.

Many immigrants are refugees who have come to the US to escape violence or persecution in their home countries. In recent years, more than 120 million people worldwide have been forcibly displaced. Consider bringing awareness to your congregation with the 7th Annual Refugee Shabbat. Learn more…

In its recent order, the current administration revoked the language around avoiding “sensitive areas,” such as schools and houses of worship, in ICE raids. This means that federal immigration agents may visit synagogues seeking information about noncitizens. 

You may help your community members learn more about employer and staff rights in the workplace from the National Immigration Law Center.

There is great concern that these new policies could affect both undocumented immigrants and those in the country with legal status. All residents, regardless of legal status, have civil rights under the American Constitution, including for encounters with law enforcement and immigration officers. Consider sharing ACLU guidance on Constitutional rights with your community.

Previous government policies regarded houses of worship as “sensitive areas” and discouraged immigration authorities from conducting their activities in such facilities. The new policies have revoked that designation.

In recent years, congregations of various faiths have declared themselves “sanctuaries.” However, the legal ramifications of becoming a “sanctuary synagogue” are unknown. Congregations should be aware of potential legal implications, including statutes against “harboring” undocumented immigrants. There may also be potential protections for religious institutions under the Religious Freedom Reform Act (RFRA).  State and local laws also vary. Therefore, we recommend consulting with local legal counsel to understand the risks before making decisions on declaring sanctuary status. 

For recent updates on this, you can review The National Immigration Law Center (NILC) “Fact Sheet” on Recission of the “Protected Areas Policies.”

For Further Guidance

For further information or assistance regarding these issues, please contact USCJ Chief Movement Strategy Officer, Rabbi Ashira Konigsburg, akonigsburg@uscj.org, or our General Counsel, Ed Rudofsky, rudofsky@uscj.org / 917-913-9697.

P.S. We are continuing to monitor and study the impact of other policy changes and will continue to communicate with our congregations as topics arise. If you have suggestions for policy issues for us to research, please contact Rabbi Ashira Konigsburg.