A Lawsuit Claims Infringement of Religious Freedom at Broadview Protests

A federal lawsuit filed in the Northern District of Illinois highlights the alleged infringement of religious freedom by Department of Homeland Security (DHS) agents during protests outside the U.S. Immigration and Customs Enforcement (ICE) facility in Broadview, Illinois. The complaint centers on the experiences of clergy members who were targeted with "near-lethal weapons" while engaging in acts of religious expression.

The lead plaintiff in this aspect of the case is Rev. David Black, a pastor of the First Presbyterian Church of Chicago. According to his account in the lawsuit, Rev. Black stood before the ICE officers on a rooftop, extending his arms with palms outstretched in a "traditional Christian posture of prayer and blessing." He stated, "I basically offered an altar call. I invited them to come and receive that salvation, and be part of the kingdom that is coming."

Despite this peaceful, spiritual action, Rev. Black was suddenly fired upon without any warning or order to disperse. He was struck seven times on his arms, face, and torso with pepper-balls—projectiles containing a chemical agent. Rev. Black noted that the officers appeared to be aiming for his head, which they struck twice, causing him to fall to the ground. Video footage captured the incident, showing the pepper-ball exploding on his head into a puff of white smoke.

Rev. Black's experience is not isolated. Rev. Hannah Kardon, a United Methodist pastor, also a plaintiff, reported being shot multiple times with pepper balls while she was praying with her eyes closed and hands lifted, wearing a clerical collar and stole. She said she often prays for both the detained immigrants and the ICE agents themselves.

The lawsuit successfully argued that this use of force against the clergy "substantially burdens their exercise of religion." A federal judge granted a Temporary Restraining Order (TRO), temporarily enjoining federal agents from utilizing physical force, "riot control weapons," or "otherwise harmful and undue dispersal techniques" against "religious practitioners who are not posing an immediate threat to the safety of a law enforcement officer or others."

The stark contrast between the clergy's actions and the response from federal agents is a key element of the case. While Rev. Black offered a prayer and invitation to "repentance," he and fellow demonstrators allegedly heard ICE agents on the rooftop "laughing" as they continued to fire. Furthermore, the DHS Assistant Secretary, Tricia McLaughlin, referred to the protesters, including the clergy, as "rioters" and accused them of assaulting law enforcement. Rev. Kardon, dismissing the "rioters" characterization, stated, "I'm a mom of two who bakes stuff and wears rainbow glasses. No one in their life has ever been scared of me."

The lawsuit, Chicago Headline Club v. Noem, argues that the federal government enacted a "policy, pattern, and practice" of "targeting Rev. Black and other similarly situated Religious Exercise subclass members with violence," violating the Religious Freedom Restoration Act and the First Amendment.

---

Sources

• "Protesters and Members of the Press Challenge First Amendment Violations by Federal Forces at ICE Facility in Broadview, Illinois." ACLU of Illinois. https://www.aclu-il.org/en/press-releases/protesters-and-members-press-challenge-first-amendment-violations-federal-forces-ice
• "Protecting protesters and the press from unconstitutional federal force in Illinois." Protect Democracy. https://protectdemocracy.org/work/protecting-protesters-and-the-press-from-unconstitutional-federal-force-in-illinois/
• "Judge bars ICE from taking some violent actions against religious activists, journalists." National Catholic Reporter (NCR). https://www.ncronline.org/news/judge-bars-ice-taking-some-violent-actions-against-religious-activists-journalists
• "In Chicago, clergy and faith-based protesters say ICE is threatening their religious freedom." National Catholic Reporter (NCR). https://www.ncronline.org/news/chicago-clergy-and-faith-based-protesters-say-ice-threatening-their-religious-freedom
• "Pastor Shot in Head by “Less Lethal” Round at Chicago-Area ICE Protest Joins Lawsuit." Democracy Now!. https://www.democracynow.org/2025/10/9/headlines/pastor_shot_in_head_by_less_lethal_round_at_chicago_area_ice_protest_joins_lawsuit