A federal judge has directed ICE to let priests, ministers and other faith leaders into the migrant processing center in Chicago’s suburbs, saying the total ban the agency had been enforcing is a violation of religious rights.
U.S. District Judge Robert Gettleman, a Clinton appointee, said U.S. Immigration and Customs Enforcement must allow daily visits for the clergy who sued.
The Broadview ICE Detention Center drew the nation’s focus last year when it was the site of protests during ICE’s enforcement surge in Chicago. Those protests prompted ICE to limit access — including to religious leaders who said they have a duty to minister to those passing through the facility.
The federal government said it allows visits by clergy who are invited by detainees but doesn’t allow the clergy to initiate visits.
Judge Gettleman said Tuesday in his ruling that the Religious Freedom Restoration Act requires the government to avoid burdening someone’s religious practice if there is a way it can be accommodated.
In this case, the clergy say ministering is part of their practice. The judge cited Pope Leo’s call for the detainees to receive Holy Communion as evidence of that religious duty.
ICE, he said, is hindering that with its ban on clergy-initiated visits.
“This policy renders plaintiffs’ religious exercise of providing ministry to detainees and migrants effectively impracticable,” the judge wrote.
Judge Gettleman had previously ordered ICE to allow access for Ash Wednesday and for Holy Week.
His new order requires access every day while the lawsuit is pending.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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