Clergy seek court order to allow pastoral access to immigrants held at Minneapolis ICE facility
Protestant and Catholic clergy are seeking a federal court order to mandate pastoral access to immigrants held at the Bishop Henry Whipple Federal Building in Minneapolis. Attorneys for several church bodies are suing the Department of Homeland Security officials for an injunction to allow prompt in-person pastoral visits to all detainees. The lawsuit claims the Whipple building, the site of a federal enforcement surge, represents a deprivation of constitutional and legal rights. Government attorneys argue the request is partly moot because Operation Metro Surge officially ended in February, and clergy visits have recently been permitted. Clergy nationwide are increasing efforts to gain access to immigration detention facilities, particularly during religious seasons like Lent and Ramadan.
about 1 month ago
Protestant and Catholic clergy, including branches of the Evangelical Lutheran Church in America (ELCA), United Church of Christ, and a Jesuit priest, sued the Department of Homeland Security (DHS) in late February 2026.1 3 5
They sought court-ordered access to detainees at the Bishop Henry Whipple Federal Building in Minneapolis, a short-term ICE holding facility central to the Trump administration's Operation Metro Surge.1 3
The lawsuit alleged unconstitutional restrictions on religious freedom, preventing pastoral care like prayer and sacraments during detainees' fear and isolation.1 5
U.S. District Judge Jerry Blackwell heard arguments on March 20, 2026, and granted a preliminary injunction the same day.1 3 5
He ruled that plaintiffs are likely to succeed, as barring clergy visits causes irreparable harm to religious exercise.3 5
The order prohibits protocols that fully bar clergy and requires a written access plan balancing security concerns.3 5
DHS argued the case is moot since Operation Metro Surge ended February 12, 2026, with eased restrictions and recent clergy visits allowed.1 3
ICE official Tauria Rich noted the facility's short-term nature (most detainees held under 24 hours) and case-by-case handling of rare visitor requests.1 3
They emphasized security amid past protests and unrest at the site.1
Bishop Jennifer Nagel of the ELCA Minneapolis Synod, denied entry on Ash Wednesday, stressed ministry as core to faith amid detainee trauma.3
Attorney Erin Westbrook called pastoral care a protected religious expression vital for those in uncertainty.5
Catholic and Episcopal bishops, Jewish clergy, and the Minnesota Council of Churches backed the suit; the courtroom filled with supporters.3
The Whipple facility saw denials to clergy, three Minnesota Congress members (who later reported poor conditions), and attorneys.1 3
Similar issues nationwide: lawsuits enabled Ash Wednesday access in Chicago's Broadview ICE facility; Texas clergy face barriers during Lent and Ramadan.1 3
A separate judge ordered immediate counsel access for new detainees.1 3
Parties must meet within four business days to draft an access protocol, submitting a joint plan or proposals by April 2, 2026.3 5
The injunction lasts through the lawsuit's duration.5
Another hearing pends on making attorney access permanent.3
Does the Catholic Church have a canonical duty to provide pastoral care to detained immigrants?
The Catholic Church imposes canonical duties on bishops, priests, and chaplains to provide pastoral care—including preaching the Gospel, administering sacraments, and spiritual support—to detained immigrants, viewing them as part of the faithful or those in special need due to their condition of life, similar to prisoners or the marginalized.
Diocesan bishops bear primary responsibility for the pastoral care of all Christian faithful within their territory, regardless of age, condition, nationality, or temporary status. This extends explicitly to those "not able to make sufficient use of ordinary pastoral care because of the condition of their life," which encompasses detained immigrants facing isolation in immigration facilities.
Canon 383 §1 mandates that bishops demonstrate concern for such individuals, fostering an apostolic spirit toward them. Similarly, Canon 771 §1 requires pastors, especially bishops, to ensure the Word of God reaches the faithful lacking ordinary care due to their life's circumstances, and §2 extends this to non-believers in the territory—many detained immigrants may fall into either category.
For faithful of different rites or non-Catholics, bishops must provide for spiritual needs through designated priests or vicars (Canon 383 §2), and treat the non-baptized as entrusted to their care, witnessing Christ's charity (Canon 383 §4). Bishops also have earnest pastoral care for vulnerable groups, such as by designating priests (Canon 813 for students, analogously applicable).
Pastors and chaplains hold stable duties to specific communities or groups. Canon 564 defines a chaplain as a priest entrusted with the pastoral care, at least in part, of a "community or particular group of the Christian faithful," exercised per universal and particular law—detention centers qualify as such groups.
Canon 566 §1 grants chaplains essential faculties: hearing confessions, preaching, administering Viaticum and Anointing of the Sick, and confirming those in danger of death. Crucially, §2 extends these in prisons, hospitals, and sea journeys, including absolving certain censures. Immigration detention mirrors prisons in restricting access to ordinary sacraments, imposing a parallel duty.
When priest shortages occur, bishops may entrust parish-like care to deacons or lay communities but must appoint a priest moderator with full pastoral faculties (Canon 517 §2), ensuring continuity for detained groups.
These canons align with the Church's doctrine on human dignity and charity. The Catechism of the Catholic Church (CCC) affirms every person's dignity as created in God's image (CCC 225, 1738), obliging respect and freedom, especially for the vulnerable.
Prosperous nations must welcome foreigners seeking security (CCC 2241), with immigrants owing duties to their host country but protected as guests. Christ's identification with the suffering—"I was sick and you visited me" (CCC 1503, citing Mt 25:36)—and duty to serve the disadvantaged (CCC 1932, Mt 25:40) underscore care for detainees. The Church's unity links members, especially to the suffering and poor (CCC 806).
Papal teachings reinforce this: Pope Francis urges pastoral care for migrants to sustain hope amid vulnerability, including in detention-like isolation, emphasizing welcome, accompaniment, promotion, and integration. Bishops are praised for defending migrants' rights.
No canon mandates a chaplain exclusively for detained immigrants, but general duties apply cumulatively. Local circumstances (e.g., detention center agreements) guide implementation, with bishops directing via particular law. Where sources lack specifics on immigration detention, prison provisions (Can. 566) and "condition of life" clauses (Can. 383, 771) provide direct support; papal urgings add moral weight without altering canon law.
In summary, yes, the Church has a clear canonical duty—rooted in bishops' oversight, chaplains' faculties, and doctrinal charity—to extend pastoral care to detained immigrants, ensuring sacraments and Gospel proclamation amid their vulnerability.