A federal judge on Friday issued an injunction allowing clergy members to conduct pastoral visits with immigrants held at the Minneapolis Immigration and Customs Enforcement (ICE) facility, a move hailed by religious leaders as a critical step in protecting the religious freedom of detainees. U.S. District Judge Jerry Blackwell granted the preliminary injunction sought by Minnesota affiliates of the Evangelical Lutheran Church in America, the United Church of Christ, and a Catholic priest who sued the Department of Homeland Security.
The judge’s ruling stipulates that clergy will be permitted to conduct in-person pastoral visits with all detainees at the Federal Building Bishop Henry Whipple in Minneapolis, which has been the site of frequent protests related to the presence of approximately 3,000 federal agents deployed to the state during a surge in immigration enforcement. Blackwell found that the plaintiffs had demonstrated a likelihood of success on the merits of their claim and that restrictions on clergy’s religious freedom to minister to detainees constituted “irreparable harm.”
The court order directs both parties to meet within four business days to attempt to agree on the details of providing access, considering legitimate government security concerns, and to submit a plan within seven business days, or counter-proposals if they cannot reach an agreement.
Bishop Jennifer Nagel of the Minneapolis Synod of the Evangelical Lutheran Church in America was previously denied entry to the Whipple Building when she attempted to visit detainees on Ash Wednesday. Following the court hearing, Nagel told reporters that providing care to individuals in crisis is central to many faiths. “The trauma families, and people, are experiencing in these moments is exorbitant. And being able to be with people facing those needs is particularly much at the heart and soul of what we do as ministers of very different traditions,” she said.
The lawsuit argued that the Whipple Building, named after the first Episcopal bishop of Minnesota and a 19th-century advocate for human rights, “now stands in stark contrast to the legacy of its namesake.” The complaint alleges the building has “grow the epicenter of the systematic deprivation of fundamental constitutional and legal rights by the federal government.”
Government attorneys noted that Operation Metro Surge officially ended on February 12th, and that the number of new detentions has decreased since then, leading to relaxed restrictions on visitors and allowing clergy visits for over two weeks. However, Blackwell sided with the plaintiffs’ attorneys, who argued that the matter remained unresolved because the government lacked a formal plan to guarantee access and establish who determines the conditions under which clergy are admitted.
The request for access was formally supported by Catholic and Episcopal bishops of Minnesota, other Christian and Jewish clergy, and the Minnesota Council of Churches. The courtroom was reportedly filled with clergy members representing Lutheran, United Church of Christ, Unitarian Universalist, Jewish, and other denominations.
Clergy across the country have been advocating for greater access to immigration detention facilities, particularly during sacred seasons like Lent and Ramadan. Spiritual care for detainees by religious leaders is a long-standing practice, but has become more contentious amid increased immigration enforcement. Similar legal action was required to allow two Catholic priests and a nun to enter an ICE facility in Broadview, Illinois, on Ash Wednesday. Clergy members in Texas have also faced difficulties gaining access to large detention centers operated by the agency.
Tauria Rich, a local ICE official overseeing the Whipple facility, stated in a court filing this week that visits to the Whipple Building are infrequent and that clergy requests are handled on a case-by-case basis. She indicated that a clergy member attempted a visit earlier in March but left because no detainees were available, and that the visit would have been permitted had detainees been present. ICE classifies the building as a short-term holding facility, not a long-term detention center where clergy visits are typically allowed.
Access has also been a challenge for legal representatives. Last month, a separate federal judge ordered the Department of Homeland Security to provide immediate access to an attorney for newly detained individuals at the Whipple Building before they are transferred elsewhere. That judge held a hearing this week to consider making the temporary order permanent, but a ruling is still pending.
Leave a Reply