Catholics pray during Mass at Sacred Heart Cathedral in Davenport in this file photo.
By Barb Arland-Fye
The Catholic Messenger
DAVENPORT — Concerns expressed about the possibility of raids at churches, schools or other diocesan entities by U.S. Immigration and Customs Enforcement (“ICE”) agents led the Diocese of Davenport to provide guidance on appropriate, lawful response.
Lane & Waterman LLP, at the diocese’s request, prepared a guidance document that provides basic information on search warrants, arrest warrants, administrative warrants and five steps to follow if ICE agents arrive. The diocese distributed the guidance document electronically March 26 to entities across the 22 counties of southeast Iowa within diocesan boundaries. (Read the full document at https://tinyurl.com/4ztzx67e).
“According to media reports, it is anticipated that the immigration enforcement efforts will primarily target undocumented immigrants with criminal histories. In general, ICE agents attempt to arrest individuals under the suspicion that they are unlawfully present in the country,” the document states in its executive summary.
Bishop Dennis Walsh said the document emphasizes the importance of “protecting the natural and civil rights of everyone involved, including diocesan entities, and student records. Immigrants, regardless of their status, still have the natural right to be treated with dignity.” Following the law is essential. “This guidance gives the parameters for our institutions about what they are permitted to do,” he said.
Deacon David Montgomery, the diocese’s chancellor and chief of staff, said he had been working on the document for some time, reviewing other dioceses’ responses to ICE agents no longer being restricted from schools and church buildings. The guidance does not address the steps that immigrants can take because advocacy groups such as CLINIC (Catholic Legal Immigration Network, Inc.) and the Iowa City Catholic Worker have been providing that information, Bishop Walsh said.
The bishop was aware that two days before release of the diocesan document, Iowa City Catholic Worker, Escucha Mi Voz (a faith-based, immigrant-led advocacy group) and their supporters accompanied a Guatemalan mother and three children to an unexpected ICE check-in in Cedar Rapids, Iowa. Among the supporters was Deacon Kent Ferris, the Davenport Diocese’s director of Social Action.
Reina Marroquin, whose husband was detained a month ago and remains in detention, received the unexpected summons while at home March 14 in Postville. Their family fled Guatemala because of threats against their lives, she said in a short video that Iowa City Catholic Worker (ICCW) shared with supporters during a Zoom meeting the night before her ICE check-in.
Her eyes appeared swollen from crying as she shared details about the exchange with ICE agents whom she did not permit to enter her home. She had just been to her last ICE check-in March 3. ICCW co-founder Emily Sinnwell translated Reina’s testimony.
Reina’s children, who were at school when ICE agents arrived at their home, couldn’t sleep that night after learning about the summons. “They don’t want to leave. They don’t want to open the door for anyone,” Reina said. “We deserve to be treated like human beings, with respect.”
On March 24, Reina and her children traveled in the early morning to Cedar Rapids for the ICE check-in. More than 100 people accompanied them in support. “Within five minutes, Reina and her children were released and allowed to return home,” the ICCW reported. Reina thanked “God and the people who supported us.”
Deacon Ferris said he joined others in support of Reina at the ICE check-in “as an expression of solidarity for an immigrant family who is adhering to immigration law policy while also pursuing accommodation based on specifics of their case.” He added, “Pastors and parish leaders are accustomed to responding to individuals and families in need, in crisis. This can also happen to immigrant families. We do not exclude them from corporal works of mercy or pastoral care.”
Excerpts from document
Here are excerpts from the Diocese of Davenport’s guidance document on how parishes, schools and other diocesan entities can respond if ICE agents arrive:
Politely Request and Review Identification and Warrant: review the ICE agents’ official credentials, noting their names and badge numbers, and the details of the search, arrest, or administrative warrant. To be a valid judicial warrant, the warrant must be signed and dated by a judge. If the warrant is a search warrant, ensure that it is limited to a specific time frame and area. If the warrant is an arrest warrant, ensure that it pertains to a specific individual. Request a copy of the warrant and send it to the undersigned counsel.
Immediately Contact Legal Counsel: inform the ICE agents that the Diocese has legal representation. Do not answer any questions until your lawyer is present on the scene or available by phone for counsel.
Do Not Allow Unauthorized Access: if the ICE agents do not have a valid warrant, they are still permitted to enter any public areas (e.g., the parking lot, lobby, or waiting area). They cannot, however, enter any private areas without the consent of the Diocese or a representative of the Diocese. Similarly, if the search warrant is limited to certain areas, the ICE agents are not permitted to exceed the scope of the warrant.
Cooperate and Do Not Obstruct Law Enforcement: although you should be diligent in protecting your employees’ and other individuals’ rights, do not physically touch or interfere with ICE agents in their execution of a valid search, arrest, or administrative warrant. Obstructing law enforcement may expose the Diocese and its representatives to criminal liability.
Document Interactions with ICE Agents: keep a log of times, dates, and ICE agent interactions. Also note any items or documents seized by ICE agents and the names of any person arrested by ICE agents. Be prepared to debrief with legal counsel after the visit from ICE. All follow-up communications with ICE should be handled through counsel.
(Full document available at https://tinyurl.com/4ztzx67e)
