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In February, The Minnesota Conference of the UCC, the Minneapolis Synod of the ELCA, and Fr. Christopher Collins, SJ—with Groundwork Legal and Saul Ewing—filed a lawsuit against the federal government for violating the First Amendment and Religious Freedom Restoration Act by denying faith leaders the ability to provide pastoral care to people in custody at the Whipple Federal Building. This past week, Judge Jerry W. Blackwell approved a detailed, court-enforceable policy that prevents ICE from arbitrarily denying detained individuals their constitutional right to receive pastoral care.
In December, as ICE descended upon our state, many of our clergy sought to visit those who were being detained in their communities. In the Twin Cities, clergy went to the Bishop Henry Whipple Federal Building to witness and be present with those who were being abducted out of our neighborhoods. These clergy were denied entrance. Repeatedly they sought to be present and to witness with others in their pain and were denied.
Our scriptures are filled with the invitation to be witnesses to the world around us in both the tragedies and the miracles, in moments of broken hearts and resurrections. As a human family, God calls us to be present with one another – naming and sharing the stories of our lives that our hearts may be more loving, more merciful, more committed to seeing all people as beloved. As Jesus called Peter, John, and James into the garden with him the night of his arrest, we, too, are meant to witness with and for others who are facing painful realities and to make those stories a part of who we all are as God’s beloved children.
When the federal government through DHS and ICE blocked clergy and others of faith from a ministry of presence and witness they re-enforced the dehumanizing and cruel motivations guiding Operation Metro Surge and our immigration policies.
We are so grateful to Groundwork Legal and Saul Ewing for partnering in this witness. Since March, when a preliminary injunction from Judge Jerry W. Blackwell paved the way for clergy to offer pastoral care to people being detained in the Whipple, scores of detainees have had the opportunity for prayer, nurture, blessing, and the assuredness of God’s love.
Groundwork Legal writes in its newsletter: "Under this written, court-approved protocol, the federal government cannot arbitrarily deny access, claim uncertainty, or make exceptions at its discretion. The rules are written, public, and enforceable — and Groundwork Legal will continue to hold the government accountable to them."
Groundwork CEO Irina Vaynerman said: “We started Groundwork Legal to bring about fundamental, long-lasting change. That's exactly what happened here. It's extremely rare for a building like Whipple to have this type of protocol — and this sets a precedent for similar facilities across the country." Read more.
We are grateful to Judge Blackwell for recognizing our witness and claiming the basic human need for presence and compassion especially in our most difficult times. The presence of prayer, blessing, and comforting ritual in dire circumstances helps to settle the heart and strengthen the soul. Judge Blackwell’s order and detailed protocols to allow these practices reclaim for everyone the truth that we need each other – and no government, agency, policy, or procedure should preclude that truth.
—Rev. Kelly Gallagher, Associate Conference Minister
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