A federal judge has mandated that clergy be granted access to minister to immigrants held at the Bishop Henry Whipple Federal Building in Minneapolis, a facility central to the Trump administration’s enforcement surge in Minnesota. The ruling, issued by U.S. District Judge Jerry Blackwell on Friday, marks a significant victory for religious freedom advocates.
Judge Blackwell granted an injunction sought by Minnesota branches of the Evangelical Lutheran Church in America, the United Church of Christ, and a Catholic priest who had initiated legal action against the Department of Homeland Security.
His decision ensures that clergy will be permitted in-person pastoral visits to all detainees within the building, which has been the site of frequent protests concerning the approximately 3,000 federal officers deployed to the state during the crackdown.
In his ruling, Blackwell stated that the plaintiffs had successfully demonstrated a strong likelihood of prevailing when the case reaches its final conclusion. He further asserted that restrictions on the religious freedom of clergy to minister to detainees constitute “irreparable harm.”
The judge has ordered both parties to convene within four business days to negotiate the specifics of providing access while addressing the government’s legitimate security concerns. A plan, or competing proposals if an agreement cannot be reached, must then be submitted within seven business days.
Bishop Jennifer Nagel of the Minneapolis Synod of the Evangelical Lutheran Church in America, who was denied entry to Whipple on Ash Wednesday when she attempted to visit detainees, spoke to reporters after the hearing.
“The trauma that families are going through, and individuals are going through, at these times is exorbitant. And so to be able to meet people in those needs, that’s very much at the core, the heart and soul of what we do as ministers of all different traditions,” Nagel said.
The lawsuit itself alleges that the Whipple building, named after Minnesota’s first Episcopal bishop and a 19th-century human rights advocate, “now stands in stark contrast to its namesake’s legacy.”
It claims the facility has “become the epicenter of systematic deprivation of fundamental constitutional and legal rights by the federal government.”
Government attorneys countered by noting that Operation Metro Surge officially concluded on February 12. They also argued that the number of new detentions has since decreased, leading to an easing of temporary visitor restrictions, with clergy visits having been permitted for over two weeks.
However, Judge Blackwell sided with the plaintiffs’ attorneys, who contended that the issue remains pertinent because the government still lacks a formal plan outlining access requirements and the conditions under which clergy are admitted.
The request for access garnered broad support, including from Catholic and Episcopal bishops in Minnesota, other Christian and Jewish clergy, and the Minnesota Council of Churches. The courtroom was notably filled with clergy from various denominations, including Lutheran, United Church of Christ, Unitarian Universalist, and Jewish faiths.
Clergy nationwide have been advocating for greater access to immigration detention facilities, particularly during significant religious periods like Lent and Ramadan.
While ministering to detainees has long been a practice for faith leaders, it has become increasingly contentious amidst the current immigration enforcement efforts. Similar legal action was required last month for two Catholic priests and a nun to gain entry into an ICE facility in the Chicago suburb of Broadview on Ash Wednesday. Muslim and Christian clergy in Texas have also faced difficulties accessing large Immigration and Customs Enforcement detention facilities.
Tauria Rich, a senior local ICE official overseeing Whipple, stated in a recent filing that visitors to the facility are rare and that any clergy requests are handled on a case-by-case basis.
She recounted one instance in early March where a clergy member attempted a visit but left because no detainees were present, asserting that the visit would have been allowed had detainees been there. ICE classifies the building as a short-term holding facility, distinguishing it from long-term detention centers where clergy visits are typically routine.
Access challenges at Whipple extend beyond clergy. Three members of Congress from Minnesota were initially denied entry when they sought to inspect the facility, and upon gaining access, they reported poor conditions. Attorneys have also faced obstacles; another federal judge last month ordered Homeland Security to provide new detainees at Whipple immediate access to legal counsel before their transfer elsewhere. That judge recently held a hearing to consider converting her temporary order into a permanent injunction, with a ruling still pending.
