Joint Final Rule Implements Equal Treatment Of Faith-Based Organizations In DHS-Supported Social Service Programs

Monday, the Department of Homeland Security (DHS) announced a joint final rule with eight other Agencies—the Department of Justice, the Department of Labor, the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Agriculture, the Agency for International Development, and the Department of Veterans Affairs—to implement President Trump’s Executive Order No. 13831, on the Establishment of a White House Faith and Opportunity Initiative (May 3, 2018).

This rule ensures that RELIGIOUS and NON-RELIGIOUS organizations are treated equally in DHS-supported programs, and it clarifies that religious organizations do not lose their legal protections and rights just because they participate in federal programs and activities.

“Members across the faith-based community have been vital partners with DHS when it comes to protecting our communities, and I am grateful the Trump Administration has stood firm in our commitment to protect all religious organizations across the nation from discrimination and unequal treatment,” said Acting Secretary Chad F. Wolf. “This initiative is yet another step in the right direction to ensure that faith-based organizations maintain their legal rights and protections under the law.”

This final rule ensures equal treatment for faith-based organizations, consistent with the Constitution and other federal law. It removes requirements in prior regulations that placed unequal burdens on religious organizations, cast unwarranted suspicion on them, and were in tension with their religious liberty rights.

This final rule also clarifies that religious organizations do not lose various legal protections because they participate in federal programs and activities, such as the rights to accommodations and conscience protections under the First Amendment, Religious Freedom Restoration Act, and other federal laws.

This final rule preserves most of the existing regulations governing the participation of religious organizations in DHS’s financial assistance programs, including provisions barring providers from discriminating against beneficiaries based on religion and requiring that any religious activities by the organization be separated in time or location from any services directly funded with federal money.  

This rule was drafted in response to Executive Order 13831, issued in May 2018. The Agencies worked collaboratively to draft notices of proposed rulemaking that were published or delivered to Congress in January 2020.

The nine agencies then received over 95,000 public comments from a range of interested parties, including Members of Congress; state and local governments, agencies, and officials; faith-based services providers and umbrella organizations; advocacy organizations; and individuals.

The Agencies considered those comments, modified their regulations to address concerns raised in the comments, and drafted responses included in the final rule.