Areas of Critical Concern, and Ways to Respond
2026 Annual Report of the Committee for Religious Liberty
Section VII
Section VII: Areas of Critical Concern, and Ways to Respond
In 2026, as the United States celebrates its Semiquincentennial, many of the religious liberty issues that were in play in 2025 will likely persist. President Trump was elected on the promise of mass deportations of illegal immigrants, and his administration’s immigration enforcement activities are expected to continue. Catholic teaching recognizes that nations have a right to control their borders and to enforce valid laws. At the same time, the Christian faith teaches that every human person is created in the image of God and has inherent dignity. The U.S. bishops have been united in their support for the rights of immigrants and for every person to be treated with the respect their God-given dignity demands, regardless of immigration status. In a special pastoral message on November 12, the U.S. bishops criticized the vilification of immigrants and threats against the sanctity of houses of worship and the special nature of hospitals and schools in the course of immigration enforcement.[1]
Within and beyond the Catholic Church, there are reasonable disagreements in our country about how to enforce immigration law. Some surveys have suggested that Catholics who regularly attend Mass support greater restrictions on immigration and more extensive enforcement, with some in the Catholic commentariat pointing to a gap between the bishops and the laity on the issue.[2] Other surveys, however, demonstrate a more nuanced view of immigration among the Catholic faithful, with a significant percentage affirming its net benefits and a moral duty to welcome immigrants. The bishops themselves have recognized that nations have a responsibility to regulate their borders and establish a just and orderly immigration system for the sake of the common good.[3] Regardless of one’s view over the best ways to regulate immigration, there should be basic agreement about the rights of communities to be able to worship without fear and of immigration detainees to have access to the sacraments and pastoral care.
Political polarization has long been a concern to the U.S. Catholic bishops. As Bishop Kevin Rhoades, former chair of the Committee for Religious Liberty, said in 2024, our problems with polarization stem from our post-truth politics.[4] Political leaders and media voices make baseless assertions with no evidence and no accountability, and news consumers accept them when those assertions support the favored narrative. The idea that politics might be an arena in which citizens seek truth together, even if they do so in an adversarial way, seems quaint. While the American Semiquincentennial could offer an opportunity to look to the nation’s founding for common ground, it seems likely that, given the polarized interpretations of American history, the celebration itself will be occasion for national divisions to deepen further. Sadly, these political divisions have the potential to break out into violence.
Reflections on early American history often note the central role that pursuit of religious freedom – specifically, in some cases, a desire for ecclesial independence from the state – played in our nation’s founding. It is fitting, then, that the year of our Semiquincentennial will feature a test of whether the Constitution’s promise of church autonomy will be honored. The Supreme Court will soon decide whether to correct the D.C. Circuit Court of Appeals’ decision in O’Connell v. U.S. Conference of Catholic Bishops, where the dissent warned that “if the mere invocation of neutral principles permits a court to interfere with church autonomy, then the constitutional protection is a dead letter”—indeed, the protection is so important that it must be resolved at the threshold of the litigation.[5]
A development over the past several years that is likely to persist in 2026 is the mainstreaming of antisemitic ideas and rhetoric across the political spectrum. In some cases, antisemitic language and action have occasionally seeped into opposition to Israeli policies. In other cases, rank antisemitic images and speech have seen wide circulation in podcasts and social media accounts. Religious liberty advocates can expect these trends to continue.
Challenges
Political and Anti-Religious Violence
In recent years, the USCCB has expressed concern about politically motivated violence. The polarization that has long been the subject of commentary by religious leaders appears to be devolving into a cycle of attack and retribution. Efforts to address the growing rancor in American political culture have failed to match the forces influencing people to cultivate political and tribal identities defined, in part, by their hatred for others. Some of the recent acts of violence have manifested this sort of hatred. Others seem to point toward a kind of nihilism that is celebrated in some online spaces.
Trends in political discourse can shift from one year to the next. However, the culture and structures fostering today’s discourse remain in place. Therefore, in 2026, the Committee for Religious Liberty continues to be concerned about politically and religiously motivated violence.
How to Respond
Polarization is not simply a phenomenon “out there.” It names a tendency within many people to turn away from truth in order to remain loyal to their political tribe. But Catholics are called to be conformed to Christ, not to partisan political leaders, media personalities, and social media influencers. Catholics can take a step towards de-polarizing our nation’s politics by honestly undertaking an examination of conscience (www.usccb.org/resources/civilize-it-examination-conscience-examen-de-conciencia) and availing themselves of the sacrament of Confession. Catholics upon reflection may ask themselves, “Have I spoken untruthfully in order to defeat a political opponent in an argument? Have I failed to treat others with genuine charity? Have I remained culpably ignorant about an issue by refusing to listen to others?” When we come before the Lord in Confession, God’s grace heals us as individuals and as members of the body of Christ.
Unjust Terms and Conditions on Federal Grants and Unreliability of Government
The Trump administration has shown signs of a desire to work with religious groups to promote the common good. At the same time, some of the administration’s priorities have put religious organizations in a difficult position. The administration made an unexplained decision to suspend funding for federal refugee assistance programs, which led the USCCB to file a lawsuit against the government and ultimately to end its refugee resettlement program.[6] The Department of Homeland Security issued new terms and conditions for their grants, which states that grant recipients must cooperate with Immigration and Customs Enforcement, cannot serve undocumented immigrants, and cannot operate diversity, equity, and inclusion (DEI) programs.[7] These terms and conditions could mean that a church that operates a food pantry would not be eligible for disaster relief grants from FEMA if some of the needy people who received food from the ministry were undocumented.
Of particular concern is how these terms and conditions apply to the Nonprofit Security Grant Program (NSGP), which provides funding for houses of worship and religious schools to increase the security on their physical plants. In view of the Attorney General’s July 29 memo, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” it appears that, for example, a parochial school that offers scholarships to racial minorities would be disqualified from participating in the NSGP. The terms are unclear and have been a cause for confusion among faith-based organizations that could benefit from these programs.
The content of the new terms and conditions is problematic in itself, but the way the changes were made also raises concerns about capriciousness.[8] When a church, school, or faith-based program seeks to work with the government, it is depending on a certain level of reliability and transparency. The changes that have been made with some grant programs thus far have been poorly communicated and seemingly ad hoc, with little explanation offered for the rationale behind the changes. If this problem persists, it will prove to be a threat to the ability of the faith-based organizations to partner with the government to promote the common good.
How to Respond
Religious charities and social service providers have had their capacity to serve reduced by the loss of government funds. Even if new funding opportunities arise, there is a strong possibility that faith-based organizations will be reluctant to partner with the federal government. In order for the Church to continue serve the common good, it will be incumbent upon lay Catholics to do their part to support these works of the Church. Learn more about the work of Catholic Relief Services at www.crs.org/ or your local Catholic Charities at www.catholiccharitiesusa.org/about-us/find-a-local-agency/, and consider how you might do more to support these institutions.
Immigration: Access to Sacraments, Sensitive Locations
President Trump campaigned on a promise to carry out mass deportations of immigrants, and in his first year in office, his administration has made immigration enforcement a priority. The actions of the administration in this area have affected people of faith in two key ways: fear of participating in worship due to the administration’s change in policy for enforcement at so-called sensitive locations (otherwise known as “protected areas”), and access to religious services in detention centers. Some dioceses have taken the extraordinary step of dispensing the faithful from their Sunday obligation if they feel that going to Mass exposes them to risk of detention. Detainees have, at times, found their access to the sacraments and pastoral care unnecessarily inhibited. As new immigration operations begin, and new detention centers are erected, these kinds of threats will persist. While Catholics may disagree among themselves over how best to manage immigration, we should all agree that fundamental rights, including for noncitizens, warrant respect.
How to Respond
In 2025, the USCCB launched The Cabrini Pledge (www.usccb.org/cabrinipledge) as both a reminder of our immigrant heritage and a call to deeper engagement with the Catholic faith in response to current events. At a time when our culture is dominated by deep political divisions and staunch disagreements about immigration policy, moving forward can feel impossible, even hopeless. But this effort, inspired by Saint Frances Xavier Cabrini—the first American citizen to be canonized and herself an Italian immigrant to this country—is a reminder that we are each called to be keepers of hope.
More recently, the USCCB also announced the You Are Not Alone initiative (justiceforimmigrants.org/you-are-not-alone/). This national effort of the U.S. Catholic Church, rooted in the belief that every person is created in God’s image, exists to promote hope, compassion, and practical support to immigrants across the United States. It shares practical opportunities for Catholics and others of good will to accompany our brothers and sisters in need, following the model and teachings of Christ, while respecting the principal of subsidiarity.
Opportunities
Federal Scholarship Tax Credit
The Annual Report for 2024 identified parental choice in education as a critical opportunity for religious freedom. This issue has long been a priority for the Catholic Church, which teaches that parents have the right to educate their children in accordance with their faith, and that the government ought to ensure that parents can make an authentically free choice. The One Big Beautiful Bill Act included a Federal Scholarship Tax Credit (FSTC), which allows donors to receive tax credits for gifts to scholarship granting organizations (SGO). The FSTC promotes parental choice by encouraging donations to SGOs, which in turn grant scholarships that families can use to choose the school that is best for them.
Unfortunately, the FSTC passed without religious freedom protections. Such protections would have helped prevent states from discriminating against SGOs that give scholarships that can be used in religious schools. The regulatory framework implementing the FSTC will be developed by the Department of Treasury. The regulations are expected to be issued in 2026. Treasury Regulations that protect the use of scholarships for religious education and the integrity of faith-based SGOs would prove to be a significant moment in the history of parental and school choice advocacy.
How to Respond
The USCCB actively engages in the rulemaking process, and the voice of advocates can make a difference. USCCB advocates have submitted significant numbers of comments in previous campaigns, and they helped. As the administration considers how to implement the FSTC, the USCCB will advocate to ensure that the rules protect the use of scholarships for religious schools. Sign up to receive alerts at www.votervoice.net/USCCB/register and make your voice heard.
Repeal of Discriminatory Provisions
Religious liberty ensures that people of faith can fully participate in the life of the political community. When a government creates programs that aim to serve the common good in some way, religious organizations ought to have the opportunity to participate in those programs. Unfortunately, many governments have included legislative provisions that bar religious organizations from participating in public programs, or bar the use of public funds for religious activities. The time is ripe to cancel those provisions, many of which echo the anti-Catholicism of the Blaine Amendments of the late nineteenth century.
In recent decisions, the Supreme Court has indicated that governments cannot discriminate against religious organizations simply because they are religious. Moreover, early in his second term, President Trump signed an executive order requiring agencies to ensure that all rules are in compliance with Carson v. Makin. In the coming year, religious freedom would receive a significant boost if legislation were passed that repealed the discriminatory provisions that remain in federal statutes.
How to respond?
Learn more about federal and state laws that discriminate against religious conduct in government programs at www.religiousequality.net. This coalition of religious liberty advocates has developed this tool to help researchers, advocates, and policymakers identify laws that still violate the bedrock rule that discrimination against religious institutions violates the First Amendment. It documents laws that deny religious believers or religious organizations the right to participate in public programs, and which may be unconstitutional as a result.
Further Repudiation of Gender Ideology
As last year’s Annual Report stated, “gender ideology has corroded religious liberty in recent years.” However, more recently, gender ideology has suffered significant setbacks, such as the decision in the Skrmetti case and the result of the 2024 presidential election. In 2026, the Supreme Court will decide three cases that could indicate further defeat for gender ideology. The consolidated cases of Little v. Hecox and West Virginia v. B.P.J. present to the Court the question of whether states can continue to reserve women’s sports to women. A judgment in favor of the states would help to arrest the progress of the movement to insinuate gender ideology in law and thus reduce the likelihood of scenarios in which religious organizations must defend their recognition of sexual difference. It may also answer whether Title IX can continue to be used to impose gender ideology on religious organizations. The case of Chiles v. Salazar will decide whether counselors have a First Amendment right to engage in speech with their minor clients that respects Church teaching in the area of human sexuality.
How to Respond?
While legal actions might be helpful in pushing back gender ideology, it is crucial that Christians evangelize the culture. As Pope Francis put it, “[T]oday the worst danger is gender ideology, which cancels out differences. I asked for studies to be made on this ugly ideology of our time, which erases differences and makes everything the same; to erase difference is to erase humanity.”[9] The USCCB’s “Love Means More” provides resources for talking through difficult issues related to sexuality. Love Means More aims to help anyone, Catholics and non-Catholics, think more clearly about the complex web of issues surrounding what it means to love. Learn more at lovemeansmore.org/.
[1] USCCB News Release: U.S. Bishops Issue a “Special Message” on Immigration from Plenary Assembly in Baltimore, 12 November 2025: www.usccb.org/news/2025/us-bishops-issue-special-message-immigration-plenary-assembly-baltimore.
[2] Tyler Arnold, National Catholic Register, “EWTN News Poll: Most Catholic Voters Support Trump, Deportations Despite Bishops’ Concern,” 11 December 2025: www.ncregister.com/cna/ewtn-news-poll-most-catholic-voters-support-trump-deportations.
[3] Mark M. Gray & Thomas P. Gaunt, Center for Applied Research in the Apostolate, “U.S. Catholics’ Attitudes about Immigration, Migrants, and Refugees,” June 2024: static1.squarespace.com/static/629c7d00b33f845b6435b6ab/t/667c79aaf0d6b004371ab208/1719433643088/ImmigrationReport.pdf.
[4] Bishop Kevin Rhoades, OSV News, Depolarizing religious liberty, 7 August 2025: www.osvnews.com/depolarizing-religious-liberty/.
[5] O’Connell v. United States Conference of Catholic Bishops, No. 23-7173, 2025 WL 3082728, at *7 (D.C. Cir. Nov. 4, 2025) (Rao, J., dissenting).
[6] USCCB News Release: USCCB Files Lawsuit on Unlawful Suspension of U.S. Refugee Admissions Program, 19 February 2025: www.usccb.org/news/2025/usccb-files-lawsuit-unlawful-suspension-us-refugee-admissions-program.
[7] Emily Wilder, Jewish Currents, “A Federal Security Grant Program Popular with Jewish Organizations May Now Require Beneficiaries to Cooperate with ICE,” 22 August 2025: jewishcurrents.org/a-federal-security-grant-program-popular-with-jewish-organizations-may-now-require-beneficiaries-to-cooperate-with-ice.
[8] See also Yuval Levin, The Free Press, “America the Unreliable,” 22 May 2025: www.aei.org/op-eds/america-the-unreliable/.
[9] Pope Francis, To participants in the International Conference ‘Man-Woman: Image of God. Towards an Anthropology of Vocations’,” 1 March 2024: www.vatican.va/content/francesco/en/speeches/2024/march/documents/20240301-convegno-uomo-donna.html.