HSI Official Declares He Cannot Confirm or Deny Investigations at Other Protected Churches; DHS Tells the Court RFRA Does Not Prevent Undercover Investigations at Places of Worship

An HSI Assistant Special Agent in Charge whose post covers “the Tucson, Arizona field” office signed a declaration on August 27, 2026 for the church-injunction case, New England Synod v. DHS. On the surveillance of University Baptist Church he states: “I approved the investigative activity at the Church.” On the injunction’s list of protected churches, he states that HSI did not investigate other listed locations under Project Whipple Shield, and: “I cannot confirm or deny that there are additional investigations at other locations on the protected locations list.”

The declaration is attached to the government’s brief asking that “the Court should deny Plaintiffs’ Motion to Show Cause”. The brief states that the church investigations “are also measured since the RFRA does not prevent undercover investigations at places of worship”, and that “undercover investigations are the least restrictive means to further that compelling interest” when conducted in good faith. For HSI’s authority to investigate, it cites “National Security Presidential Memorandum NSPM-7”.

See 2026-08-20–synod-plaintiffs-file-non-compliance-motion-whipple-shield-roi-university-baptist, 2026-08-15–dhs-surveilled-five-midwest-churches-saylor-injunction-violation-university-baptist, 2026-09-25–sant-defense-exhibits-out-of-state-hsi-agents-ran-minnesota-protest-investigations.