Sanctuary Resolution. You shall love your neighbor as yourself. There is no other commandment greater than these. (Mark 12:31)

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1 Sanctuary Resolution When an immigrant resides with you in your land, you shall not oppress the immigrant. The immigrant who resides with you shall be to you as the citizen among you; you shall love the immigrant as yourself, for you were immigrants in the land of Egypt. (Leviticus 19:33-34) When I was hungry, you gave me something to eat, and when I was thirsty, you gave me something to drink. When I was a stranger you welcomed me... (Matthew 25:35); You shall love your neighbor as yourself. There is no other commandment greater than these. (Mark 12:31) BE IT RESOLVED, that Friends Congregational Church UCC, College Station, TX, declares itself an Immigrant Welcoming Congregation. In making this declaration, we covenant and commit ourselves to the Word of God concerning the practices of Christian hospitality, protection, and advocacy alongside and on behalf of the immigrant and refugees in our community. Together, we will continue to develop practices and programs that facilitate the respectful welcome and inclusion of immigrants into our congregation and community. We make this covenant understanding that it is grounded in scripture and our faith. God, the Creator, Christ, and Holy Spirit, calls upon all people of faith to support our immigrant sisters and brothers. We make this covenant recognizing that the world is in the midst of a long-term refugee crisis with millions of God s people displaced, seeking safety, security, freedom and opportunity. We also recognize many immigrants continue to fear raids, deportation and the disintegration of their families. Our efforts and ministries may include but are not limited to: Providing physical sanctuary and public advocacy for individuals approved by the process designated by the congregation. To be considered for sanctuary, the individual(s) must fill the following criteria: o Live in the Bryan/College Station community o Imminent deportation threatens their family's unity or personal safety o Have legal representation o Reasonable chance of having a positive resolution to their deportation order Providing spiritual support through regular prayer and discernment on behalf of our immigrant neighbors. Hosting educational events for the edification of our fellowship and community related to these issues. Our efforts will not include any of the following: Providing cover or harbor for individuals suspected or convicted of a violent crime as defined by the Federal Bureau of Investigations Uniform Crime Reporting Program.

2 Providing support for individuals residing in the U.S. without proper documentation when there is no clear or present threat to the unity of a family or personal safety. The process we will follow will include, but not be limited to: Approval of individual(s) by above criteria. Given that decisions need to occur very quickly, the Ad Hoc Sanctuary Committee proposes that a small committee consisting of Pastors and Moderator or Vice-Moderator be empowered to decide if an individual seeking sanctuary fits the criteria set out previously and be given sanctuary. Make a public announcement to officials, authorities, and community through a media campaign of our decision to provide sanctuary to an individual under threat of deportation. Background: As a denomination and a people of faith, Congregationalists and members of the United Church of Christ have been involved in historically broadening the circle of inclusion, from the abolition of slavery to full inclusion of our LGBTQ family and, more recently, the plight of immigrants and refugees. As early as 1981, the UCC General Synod issued the pronouncement, Justice in Immigration. In 2016, the UCC National Collaborative on Immigration called on all its members and congregations to become active Immigrant Welcoming Congregations and Communities as part of the UCC s continuing effort to be a prophetic voice to humanize the immigrant in the United States and normalize migration as a global human right. While we acknowledge the importance of our nation s immigration laws as they relate to the safety and stability of our community, we are also deeply concerned with the integrity of families, the welfare of children and parents, and the security and protection of our sisters and brothers fleeing warfare, persecution, and state violence.

3 Sanctuary Frequently Asked Questions (FAQ) Disclaimer: Please note that this is not a binding legal opinion. This information has been assembled to present information available to the best of our current knowledge. An attorney should be consulted. 1. Background What is sanctuary? Physical sanctuary starts when an immigrant takes up residence in the church. Sanctuary ends when either: a. the government rules favorably on the immigration case, b. when the person in sanctuary decides they no longer need our help, or c. when the guest permanently leaves the physical sanctuary of the congregation for any other reason. Why does a person need sanctuary? Generally, people enter sanctuary because they have received a final order of deportation but they believe that they have a legitimate case that either has not been thoroughly presented or appropriately argued before an immigration judge, or their immigration attorney believes that they may be eligible for prosecutorial discretion. Often there are extenuating circumstances that could or should have been raised in their defense of deportation. These defenses may not have been raised due to a variety of reasons such as: a. expedited rulings, b. lack of counsel, or c. inadequate counsel. How long does sanctuary last? There is no set time frame. It could be weeks, months or even more than a year. There is no way to know how quickly a sanctuary case will be resolved, thus the congregation would need to be prepared for sanctuary to last as long as needed. What are other churches doing and how is it working for them? There are a number of other churches of various denominations that have offered sanctuary. However, we are not aware of any in the BCS area. We talked to Shadow Rock UCC in Phoenix and to First Congregational Church (UCC) in Kalamazoo, MI about their programs and what they have learned. We also talked to First Unitarian Universalist in Austin. The Austin church has provided sanctuary to 3 individuals during the last few years. As of Spring 2018, there were 42 people in the US in sanctuary.

4 2. Legal Issues for Friends Church Would we be breaking the law? Is it illegal to provide sanctuary? The federal criminal harboring law prohibits the actual or attempted concealing, harboring, or shielding of an undocumented immigrant from detection by the authorities. In order to clarify that we are not harboring, concealing, or shielding an individual, we would meet with local law enforcement and do a press release to announce that we had someone in sanctuary, thus we would not be concealing the fact that someone had taken sanctuary in the church and we would be open and transparent. However, there are many ways to interpret the law. No congregation has been prosecuted for providing sanctuary in the past forty years. Could we lose our non-profit status? Declaring sanctuary and providing shelter to someone in need is an act of faith and an act of justice. It is not a campaign or electioneering act. Churches are considered nonprofits and nonprofits are prohibited from engaging in political campaign activity which is generally determined by supporting or opposing a candidate for elected office. However, nonprofits are free to advocate for political issues and publicly criticize policies and elected officials. As such, declaring or providing sanctuary should not have any impact on nonprofit status. How does a church declare sanctuary? The public declaration is an important component of sanctuary in most cases. This makes it transparent and thus there is no concealment. It also helps build a strong case with public opinion in many communities which results in pressure on DHS (Department of Homeland Security) and ICE (Office of Immigration and Customs Enforcement). If there is a case on the horizon, then the church might want to announce both the decision to be a sanctuary space and the start of an actual sanctuary at the same time. There would typically be a press release and even a press conference. What would stop ICE or Border Patrol or local law enforcement from coming in and arresting someone in sanctuary in our church? Faith communities such as churches, temples, and mosques, are one of the enumerated sensitive locations identified by DHS as locations where immigration enforcement actions should not occur. It is important to note that this is DHS policy and not law. This longstanding policy was clarified in a DHS memo in It is unknown if the DHS will change this policy in the future. Could President Trump ignore or override the Sensitive Locations memo? Yes. It is possible although there is a long history of recognizing the sanctity of faith communities. In the past, when this has been challenged, faith communities have joined together to demand continued sanctity of houses of worship. What does the national denomination say about sanctuary?

5 The UCC General Counsel (Heather Kimmel) issues a memorandum on titled The Sanctuary Movement and Legal Risks. This presents the legal opinion and advises that the level of risk is difficult to assess and will vary with the particular circumstances. This memo can be read on the national website: (add link) The UCC Conference Minister and Officers of the National Setting are on record for supporting sanctuary. Does our insurance cover this exposure? We contacted our insurance broker who sent us information including a link to the webinar from Heather Kimmel that was previously mentioned. Our current insurance coverage is part of a group program set up for all UCC churches. It also includes The Disciples denomination, the Presbyterian Church USA, and the Alliance of Baptists. All together at the end of 2017, there were over 4100 individual churches in this group program so that the best possible coverage could be obtained. Our coverage should respond to most issues related to providing sanctuary however there are a few provisions in the policies that could apply. Interpretation of insurance coverage is highly dependent on the facts of the specific individual claim but in general, the following exclusions might apply: Property Coverage there is an exclusion for seizure or destruction of property by order of governmental authority. Liability Coverage there is an exclusion for allegations of false arrest, or invasion of privacy arising out of a criminal act committed by or at the direction of the church or church leadership. Pastoral Counseling Liability there is an exclusion for loss arising out of any criminal act. Directors and Officers Coverage (covers decisions made by the church leadership) there is an exclusion for a deliberate criminal act if established by final adjudication. Loss does not include civil or criminal fines or penalties. We have talked to our insurance broker who advised that other churches included in the same policy as ours are providing sanctuary. The insurance company is not willing to specifically say that all sanctuary activities would be covered by the insurance policy but they also are not saying that it is completely excluded. Coverage would very much depend on the actual specifics of a claim. The insurance broker has put together the webinar previously mentioned. It is very well done and available on line for anyone to watch. All webinars are located on the website of our insurance broker in the online learning section. You will have to enter your name and but the webinars are available to anyone to view. The link to the webinar about sanctuary is: Logistics How would someone be selected for sanctuary?

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