Gettleman Holds ICE's Blanket Denial of Clergy Visits to Broadview Violates RFRA, Orders Daily Access

Judge Gettleman reached the question he had set aside a week earlier and held that ICE’s blanket denial of clergy visitation requests to Broadview violates the Religious Freedom Restoration Act. The holding is a preliminary-injunction finding: the same opinion says that at this preliminary stage the plaintiffs have made a strong showing under RFRA, and the case has not gone to final judgment.

The order enjoins the defendants from enforcing a total ban on clergy-initiated visits, and directs them to let the plaintiffs in on each day of the pendency of this litigation to offer services for those who desire them. The plaintiffs had asked for access twice daily; the court ordered daily access and told the parties to meet and confer on a safety and security protocol.

The opinion records the government’s position more narrowly than its earlier rhetoric. While not denying the allegations, defendants clarified that the specific ban is against clergy visitation initiated by clergy, with detainee-requested visits still permitted. The court observed that defendants had not attempted to show a compelling interest or the least restrictive means, and that Broadview allowed the plaintiffs’ visitation for years before reversing course relatively recently. It added that both earlier orders, for Ash Wednesday and Holy Week, were successfully implemented without incident.

The government answered with a motion to alter this order a month later, and the parties then agreed to daily access for the life of the case.

Sources

• Preliminary Injunction Order (daily access), via RECAP: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.490229/gov.uscourts.ilnd.490229.40.0.pdf
• Docket: https://www.courtlistener.com/docket/71934446/coalition-for-spiritual-and-public-leadership-v-noem/