A federal judge has just started proceedings that could result in a contempt charge for the Department of Homeland Security. This brings the latest twist in the saga of President Donald Trump’s attempt to attack immigrants and political opponents in Minnesota.
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The news was announced by Politico Senior Legal Affairs reporter Josh Gerstein, who posted on Monday, “JUST IN: Judge Dennis Saylor (GWBush/MA) takes 1st step towards holding DHS in contempt over ICE undercover operation in and near Minneapolis church gym. Orders response by Friday to show cause motion, conference on 9/4.” He attached a screenshot of the judge’s order, which extended “Expedited Consideration” for a request that DHS be held in contempt for violating a previous order barring immigration enforcement in houses of worship. Now the clock is ticking for the agency to “show cause, in writing” on why it broke the judge’s injunction, or face consequences.
According to Politico, the judge’s order comes after an undercover DHS agent blew their cover by accidentally dropping a recording device inside a Minneapolis church. It was also revealed that the DHS investigation involved surveilling the outside of the church and photographing cars in its parking lot. Saylor had issued a temporary injunction blocking DHS from conducting such actions in houses of worship in February, then after the agent exposed himself in May, a coalition of churches asked the judge to hold DHS in contempt late last week.
As Politico explains, “It’s the latest moment of tension between President Donald Trump’s mass deportation efforts and religious institutions. In addition to the potential violation of a court order, the alleged incursion on a house of worship cuts against the administration’s message that any infringement on religious freedom — such as the anti-ICE protest that disrupted services in Minnesota — would be met with severe criminal consequences.”
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Trump has been targeting Minnesota since early this year, sending a “surge” of ICE and DHS agents to the state under claims of conducting deportation sweeps in response to alleged immigration benefit fraud. Then during a protest at an evangelical church, former CNN host Don Lemon was arrested along with 38 others who were accused of violating the FACE Act, which makes it illegal to harass and disrupt religious observation. As Politico suggests, DHS’s investigation of Minnesota churches conflicts with the administration’s self-professed belief in religious liberty.
“Saylor… isn’t the only judge to rule that ICE’s decision last year to relax restrictions on enforcement at churches threatened religious freedom,” notes Politico. “A federal judge in Maryland last year similarly concluded that ICE’s enforcement threats chilled religious liberty. That ruling was upheld on Tuesday by the 4th Circuit Court of Appeals. The motion filed Thursday asking Saylor to begin the contempt process sets up yet another clash between the Department of Homeland Security, which oversees ICE and the Border Patrol, and the federal courts.”
The contempt request came from a broad coalition of church groups, including 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.
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