Faith leaders file suit to distribute Communion at ICE facility

Long Island, New York, Nov 19, 2025 / 18:38 pm (CNA).

A coalition of Catholic faith leaders filed suit Nov. 19 to seek access to the U.S. Immigration and Customs Enforcement (ICE) facility in Broadview, Illinois, where clergy have been denied entry to distribute Communion.

The complaint alleged that ICE’s refusal to allow clergy to pray with detainees or offer Communion violates the First Amendment, the Religious Freedom Restoration Act, and the Religious Land Use and Institutionalized Persons Act. Catholic spiritual leaders attempted to bring Communion to detainees at the ICE facility Nov. 1 after making formal requests to the Department of Homeland Security and ICE, and officials denied entry.

“Despite the long history of religious access to the Broadview detention center established through the persistence and perseverance of the late Sister JoAnn Persch, RSM, and Sister Pat Murphy, RSM, recent months have brought shifting, contradictory, and often opaque communication from DHS and ICE officials. Faced with this lack of honesty and transparency, we were left with no choice but to file this lawsuit,” said Michael N. Okińczyc-Cruz, executive director of the Coalition for Spiritual and Public Leadership, in a statement.  

Asked Nov. 17 whether it would take a judge’s order to get Communion to detainees at the Broadview facility, Nate Madden, DHS principal deputy assistant secretary for communications, told CNA: “I will not engage in hypotheticals about Broadview’s policies.” He suggested faith leaders contact ICE for entry. 

“What we say is that all religious leaders and religious people who want to come and take pastoral care, and they want to take Communion or Bible studies or anything like that, to come into our detention facilities, they can reach out to ICE,” Madden said. 

Federal court continues review of ICE facility

In another case, a Chicago-based federal judge postponed a hearing scheduled for Nov. 19 to assess whether ICE had improved living conditions for migrants detained at the suburban Broadview facility.

As reports of the number of people held at the facility sharply dropped this month, Judge Robert W. Gettleman of the U.S. District Court for the Northern District of Illinois said he would conduct a hearing on conditions at the facility in December.

Earlier this month, Gettleman issued a temporary restraining order directing DHS and ICE to improve living conditions at Broadview. Detainees alleged they were being held for several days in squalid conditions, with clogged, overflowing toilets, poor-quality food, inadequate sleeping arrangements, and a lack of access to basic hygiene supplies. On Nov. 5, Gettleman — appointed to the bench in 1994 by President Bill Clinton — ordered that all detainees be provided with soap, towels, toilet paper, oral hygiene products (including toothbrushes and toothpaste), and menstrual products.

His Nov. 5 order further specified: “Defendants shall provide each detainee with at least three full meals per day that meet the U.S. recommended dietary allowance … Defendants shall provide each detainee with a bottle of potable water with each meal and bottled water upon request free of charge.” The court also directed that paperwork provided to detainees “should include an accompanying Spanish translation.”

DHS Assistant Secretary for Public Affairs Tricia McLaughlin responded to the lawsuit by noting that Broadview is technically a “field office,” not a “detention facility.” She said religious organizations are welcome to provide services to detainees in ICE detention facilities.

Class action status

In a significant development for the plaintiffs, Gettleman this week granted the detainees’ request to proceed as a class action. The decision could allow the named plaintiffs to represent not only themselves but also potentially hundreds of current and future migrants processed at Broadview.

On Nov. 13, the ACLU of Illinois — one of the legal groups representing the detainees alongside the MacArthur Justice Center and the Chicago office of Eimer Stahl — said they had completed an inspection of the Broadview facility.

“We are grateful that the court gave us an opportunity to inspect the Broadview facility,” the group said. “We remain committed to ensuring that any detainees at Broadview are treated with dignity, have access to counsel, and are provided due process.”

Religious accommodations not addressed

Gettleman did not address detainee complaints concerning a lack of religious accommodations at Broadview, including the ability to receive holy Communion. The lawsuit alleges that detainees have been unconstitutionally denied access to clergy and faith leaders “who have provided religious services at Broadview for years but are now denied the ability to provide pastoral care under defendants’ command.”

“For many years, faith leaders and members of the clergy … provided pastoral care to individuals detained inside Broadview,” the detainees’ lawyers told the court. “Now, no one is allowed inside Broadview. Faith leaders seeking to provide religious services are blocked from providing Communion and spiritual support to detainees, even from outside.”

Catholic leaders in Chicago attempted to minister to detainees at Broadview on Nov. 1. Auxiliary Bishop José María García-Maldonado and others were not admitted, despite requesting access weeks in advance and attempting to follow DHS guidelines.

Pope Leo XIV said earlier this month that the spiritual needs of migrants in detention must be taken seriously by government authorities. “I would certainly invite the authorities to allow pastoral workers to attend to the needs of those people,” he said. “Many times, they’ve been separated from their families for a good amount of time. No one knows what’s happening, but their own spiritual needs should be attended to.”

U.S. bishops likewise issued a special message Nov. 12 calling for the human dignity of migrants to be respected.