Minneapolis ICE facility must allow clergy to minister to detainees, judge rules

A federal judge on Friday ruled that the Department of Homeland Security must make reasonable accommodations to allow Catholic and Protestant clergy to minister to immigrants detained by U.S. Immigration and Customs Enforcement in a Minneapolis facility. However, the judge stopped short of requiring that physical contact be allowed between detainees and clergy, according to Friday’s order.

The order came after U.S. District Judge Jerry Blackwell heard arguments in a federal lawsuit filed in late February by Minneapolis branches of the Evangelical Lutheran Church and the United Church of Christ, along with Catholic priest Christopher Collins.

What arguments did attorneys representing the clergy give? Attorneys representing the groups argued for an injunction to force DHS to allow timely, in-person pastoral visits to detainees at the Bishop Henry Whipple Federal Building in Minneapolis, a short-term ICE detention facility. DHS substantially burdened clergy’s free religious exercise by preventing them from providing pastoral care, including prayer and sacraments, to detainees, according to the coalition’s court filing.

How have Trump officials responded? While plaintiffs are allowed the right to freely exercise their religion, that does not give them the right to carry out those practices whenever and wherever they desire, DHS attorneys argued. Religious ministry is honorable but does not outweigh the government’s need to maintain safety and order inside short-term detention centers, the filing argued.

Safety protocol barred visitors from physically engaging with detainees since many have criminal convictions, and detention staffers have been bitten, spit on, kicked, and punched, DHS said. DHS tried to accommodate in-person clergy visits when possible, but the plaintiffs are demanding regular physical contact with detainees, the filing said. The facility would need additional officers to supervise in-person visits at the short-term detention center, and increased staffing is simply not possible at the location, the filing added.

How did Judge Blackwell rule? In his preliminary injunction, Blackwell said staff at the facility must provide clergy with a clear method for requesting access to detainees, as well as a designated point of contact responsible for responding to such requests. Additionally, the facility must implement reasonable procedures for clergy and detainees to meet in person when possible. The order did not require that physical contact or group ministry be allowed to take place.

Dig deeper: Read Josh Schumacher’s report about a lawsuit brought by over two dozen religious groups suing to stop ICE raids on places of worship.