Majority opinion from Judges Pan (Biden) and Wilkins (Obama):

The Mayorkas Memo imposes a default policy: ICE agents and CBP officers generally may not enforce immigration laws at houses of worship, absent exigent circumstances or individualized permission. And DHS itself proclaimed that “rescinding the Mayorkas [Memo] is going to free [ICE agents] up to go after more illegal immigrants.” If rescinding the memo “free[s] up” immigration authorities to “go after” immigrants at houses of worship, reinstating the memo is likely to have the opposite effect.

Plaintiffs’ members likely face imminent harm from increased enforcement at their houses of worship; that harm is traceable to the new enforcement policy; and the relief requested will likely redress their injury, at least in part.…