Judge orders feds to grant clergy access to Minnesota detainees

ST. PAUL, Minn. (CN) — A Minnesota federal judge likened the government’s denial of religious access in a holding facility to “The Wizard of Oz," ruling Friday that officials cannot hide behind calls for security and safety to block clergy from visiting detainees held in Minnesota.

In a bench ruling, U.S. District Judge Jerry Blackwell found the Trump administration unable to prove why a total exclusion of faith leaders was necessary for safety at the Bishop Henry Whipple Federal Building — noting that periods of confinement are often when spiritual need is most critical.

Still, the Joe Biden appointee called for “reasonableness in the middle” — asking the parties to meet and come to a policy agreement that allows clergy access without sacrificing the government’s right to impose reasonable safety limits at the facility.

“We’re not gonna turn a detention facility into a church,” Blackwell said. “On the other hand, this is not the land of Oz where the government can act like the wizard in a small window.”

In using this metaphor, Blackwell called out the government’s lack of transparency and arbitrary use of power, and said the administration is clearly not using the least restrictive means in justifying its actions against religious freedom.

Clergy said the government is relying on vague and “inconsistent” references to “safety and security” to deny access — claims that fall short of the compelling interest needed.

The judge pressed the government’s attorney on the lack of specific operational evidence, at one point asking bluntly: “Is this the best the government can do?”

Justice Department attorney David Fuller provided little in terms of an answer to Blackwell’s question, maintaining that the Whipple building lacked the infrastructure during the surge to vet outside visitors while processing a high volume of detainees.

Unsatisfied with the response, Blackwell later invoked Winston Churchill to underscore his expectations.

“Sometimes it is not enough to do our best,” Blackwell said, quoting the former British prime minister. “We must do what is required.”

Throughout “Operation Metro Surge,” a coalition of Minnesota faith leaders say the government has categorically banned clergy from entering the Whipple building to provide pastoral care to detainees in clear violation of the First Amendment and the Religious Freedom Restoration Act.

Clergy say they have repeatedly arrived to the building with identification, in visible clergy attire, and prepared to comply with security protocols. Despite this, none of the faith leaders were ever given access.

“The burden here is neither incidental nor indirect — it is categorical,” clergy members said in their motion for an injunction. “Defendants have barred plaintiffs from entering Whipple to provide in-person prayer, sacramental ministry, spiritual counseling, and liturgically required rites such as the imposition of ashes on Ash Wednesday.”

The government has since argued that, because of the operation’s end, the need for court intervention has vanished. However, clergy contend the door remains open for similar bans in the future without a formal ruling instructing otherwise.

“We were told that faith leaders would be accommodated unless they can’t be, which isn’t a policy your honor, it doesn’t give anybody any confidence that our clients would be permitted to provide pastoral care [in the future],” Erin Westbrook, attorney for the clergy members, said.

Beyond the timing of the surge, the Justice Department raised concerns about the risks of allowing physical contact or close proximity between clergy and detainees, arguing it would “really shake up the status quo.”

Prior to the surge, clergy say they regularly visited Whipple to attend hearings, accompany congregants and conduct prayer vigils, claiming the “status quo” previously consisted of regular access and cooperation.

Blackwell refrained from granting physical contact for clergy in his bench ruling, and instructed the two parties to further confer on the matter.

The government holds clergy “have every right” to follow the dictates of their faith, but argues the law does not give them the right to do so at “whatever time and place they choose.”

The government further claims the clergy’s interests do not outweigh the government’s need to maintain safety, order and the integrity of its enforcement operations within the confines of a “short-term” holding facility.

“Because Whipple is a temporary holding facility not equipped to allow for physical contact with detainees, doing so would require additional officers to be present to ensure the safety of the detainees, visitors and DHS personnel,” the government said in court documents.

Westbrook disputed this Friday, arguing a facility’s designation does not justify constitutional violations — and detainees should be afforded their rights no matter the length of their detention.

Blackwell warned the two parties against “trying to have it all,” and instructed them to “find the reasonable space in the middle that will bring about the workable exercise of religious obligations and respect the needs of the facility.”

“Lifting up the dignity and humanity of God’s beloveds is vital always, and particularly in times like these when so much seeks to diminish us, to break us down and to tear us apart,” Bishop Jen, of the Minneapolis Area Synod of the Evangelical Lutheran Church, said in an email to Courthouse News. “This decision reaffirms the humanity of those who are detained and facing fear, isolation and crisis: Our lives have worth, our souls have value.”

The Trump administration did not immediately respond to a request for comment Friday.