Churches Seek Contempt Over Undercover ICE Operation
Churches Seek Contempt Over Undercover ICE Operation
The News
A coalition of church groups asked a federal judge on Thursday to open contempt proceedings against Trump administration officials, saying an undercover ICE operation inside a Minneapolis church broke a court order barring immigration enforcement at houses of worship.
The evidence, according to the filing: an ICE agent taking part in a martial arts session at University Baptist Church in Minneapolis dropped a concealed body-worn audio recorder on the gymnasium floor in May.
Plaintiffs call the violations "blatant and repeated" and say they caused "harm to fundamental rights of religion and expressive association."
Who Filed
The coalition includes five regional synods of the Evangelical Lutheran Church in America, three regional Quaker groups, American Baptist Churches USA, the Alliance of Baptists and Metropolitan Community Churches.
Timeline
The Department of Homeland Security rescinds the Obama-era policy that kept immigration enforcement out of "sensitive" locations such as churches and schools. DHS says at the time that "criminals will no longer be able to hide in America's schools and churches to avoid arrest."
Judge Theodore Chuang of the U.S. District Court for the District of Maryland rules for a coalition of Quaker groups, a Sikh temple and a Cooperative Baptist congregation, blocking the policy at their houses of worship while the case proceeds.
U.S. District Judge Dennis Saylor IV, a Boston-based George W. Bush appointee, issues a separate order barring immigration enforcement activity in or near certain houses of worship.
An ICE agent joins what the filing describes as "boxing/sparring practice" at University Baptist Church in Minneapolis. A "concealed body-worn audio recorder" falls to the floor in the church gymnasium. The agent reported leaving the gym without immediately noticing the recorder was gone, then returning about three minutes later to collect it. Court records show the investigation also included surveilling the outside of the church and photographing vehicles in its parking lot.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upholds Chuang's block on the DHS policy.
The church coalition files its motion asking Saylor to begin the contempt process.
Reactions
Government lawyers argue Saylor's order prohibited immigration enforcement inside churches and did not cover criminal investigations, even when they are carried out by ICE.
Church attorneys counter that the order barred operations aimed "in whole or in part" at enforcing immigration laws. The full scope of the investigation that led to the dropped recorder remains unclear.
In the separate appeals case, Senior Circuit Judge Barbara Milano Keenan, an Obama appointee, wrote that "based on the evidence before the district court, it reasonably can be predicted that many immigrants will decide not to attend the plaintiffs' houses of worship because of the new policy," and that the plaintiffs are likely to succeed on their Religious Freedom Restoration Act claim.
Circuit Judge Steven Agee, a George W. Bush appointee, wrote in a concurrence that DHS "never explained why" the policy was the least restrictive means of advancing its interests. "DHS abdicated its burden of proof at a crucial juncture of the merits analysis," Agee wrote.
Democracy Forward, the progressive legal group representing the houses of worship in the appeals case, celebrated the ruling and released a statement from the faith groups saying "every person should be able to gather, worship, pray, and serve their community without fear that immigration enforcement will unlawfully disrupt sacred spaces."
What's Next
Saylor must decide whether to begin contempt proceedings against the officials named in the motion. The underlying case over the rescinded sensitive-locations policy continues in both his court and, separately, in Maryland, where the 4th Circuit's ruling keeps the block in place while the litigation moves forward.
More
The filing lands in the middle of a widening fight between the administration and the federal bench over immigration enforcement. DHS's top lawyer, James Percival, has used his X account in recent weeks to attack federal judges, including colleagues of Saylor's in Boston, for what he says is slow-walking immigration cases. One of them, Judge Allison Burroughs, pushed back in a recent decision, accusing Percival and DHS of "shameful cruelty."
It also cuts against the administration's own message on religious liberty. Earlier this year the Justice Department brought charges under the FACE Act against former CNN host Don Lemon and others accused of disrupting church services during an anti-ICE protest in Minnesota.
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