Faith leaders barred from the Whipple Federal Building join lawsuit to defend their rights under the First Amendment and Religious Freedom Restoration Act

(MINNEAPOLIS, MINN.) —Today, Groundwork Legal and Saul Ewing filed a lawsuit against the federal government, including the Department of Homeland Security, for unlawfully barring faith leaders from providing pastoral care to Minnesotans detained at the Whipple Federal Building. The lawsuit asserts that ICE’s ongoing refusal to allow faith leaders to meet with Minnesotans detained at the Whipple Federal Building violates the First Amendment and the Religious Freedom Restoration Act, and requests that the court grant immediate relief so faith leaders can provide pastoral care to detainees.

Groundwork Legal and Saul Ewing are representing the Minneapolis Area Synod of the Evangelical Lutheran Church in America (ELCA), the Minnesota Conference of the United Church of Christ (UCC), and Father Christopher Collins, SJ, a Jesuit priest.

Faith leaders have attempted to provide pastoral care to individuals detained at the Whipple Federal Building since the beginning of Operation Metro Surge.

The ELCA and UCC represent congregations and clergy across Minnesota whose faith compels them to minister to those who are detained, imprisoned, and torn from their families. The federal government has consistently denied faith leaders the ability to provide pastoral care to detainees, including just a few days ago on the Christian holy day of Ash Wednesday. 

“Constitutional rights do not disappear at the doors of the Whipple,” said Irina Vaynerman, CEO of Groundwork Legal. “The way we treat those in detention or facing deportation is one of the true litmus tests of our democracy. Pastoral care allows for detainees to be treated with humanity, instead of being treated like inventory.” 

“Denying faith leaders access to detainees is not only a violation of law, it is a denial of dignity to those whose rights are most at stake,” added Chelsea Walcker, Chief Legal Officer of Groundwork Legal, “We are committed to defending these rights and ensuring that pastoral care is available to all who need it.” 

“Pastoral care is the heart and soul of what our Pastors and Deacons are called to provide in their congregations and around the community. We walk together, listening, praying, guiding, and offering the peace and presence of Jesus Christ,” said Bishop Jen Nagel of the Minneapolis Area Synod of the ELCA. “This is particularly important during times of stress, grief, isolation, and transition.”

The United States has a long history of allowing faith leaders to provide pastoral care inside of prisons, jails, and holding facilities. The right of clergy and faith leaders to provide this type of ministry is enshrined in the First Amendment and federal statutory law. In February, a federal judge ordered ICE to allow faith leaders in Illinois to give communion to detained immigrants on Ash Wednesday.

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Groundwork Legal is a Minnesota-based public interest law firm dedicated to advancing justice and democracy through impact litigation and innovative legal work. The firm was co-founded by Irina Vaynerman and Chelsea Walcker in January 2025 to protect civil rights, hold institutions accountable, and improve government systems.

Case materials are available here.