Immigration Officials Violated Pastor's Free Exercise Rights

In Dousa v. U.S. Department of Homeland Security, (SD CA, March 21, 2023), a California federal district court held that U.S. immigration officials violated the free exercise rights of Kaji Dousa, a pastor at New York City's Park Avenue Christian Church. Dousa worked extensively with immigrants in Mexico and at the southern border.  The court concluded that her rights were violated when in December 2018 a U.S. Customs and Border Patrol official e-mailed the Mexican government urging it to deny the pastor entry into Mexico and to send her back to the United States. Dousa performed religious marriage ceremonies for immigrant couples with children entering the United States who were in common-law marriages. This made it more likely that they would not be subject to family separation in the U.S. The court said in part:

While the United States undoubtedly has a compelling state interest in protecting the border, Oliveri’s admission that the email was “[l]iterally, creative writing . . . [w]ithout any basis” indicates that there exists no substantial state interest in requesting that Mexican authorities deny entry to Dousa. And, as evidenced by the United States’ other investigative efforts, there exist more “narrowly tailored” approaches to achieve border security. Dousa therefore has established that the CBP violated her Free Exercise rights by restricting her ability to minister to migrants in Mexico.

The court however rejected Dousa's claim that the investigation of her activities violated her free exercise rights. The court ordered:

... Defendants SHALL COMMUNICATE in writing to appropriate Mexican immigration authorities that their request in Oliveri’s December 10, 2018 email is fully and immediately rescinded and revoked as to Dousa.

[Thanks to Heather Kimmel for the lead.] 

Lev Tahor Leaders Sentenced To Prison

The U.S. Attorney's Office for the Southern District of New York announced last Thursday that two leaders of extremist Jewish sect Lev Tahor have been sentenced to 12 years in prison, followed by 5 years of supervised release, for child sexual exploitation offenses and kidnapping.  According to the announcement:

In or about 2017, [NACHMAN] HELBRANS arranged for his then-12-year-old niece, Minor-1, to be “married” to a then-18-year-old man.  Though they were never legally married, they were religiously “married” the following year, when Minor-1 was 13 and her “husband” was 19.  Lev Tahor leadership, including HELBRANS and [MAYER] ROSNER, required young brides ... to have sex with their husbands, to tell people outside Lev Tahor that they were not married, and to lie about their ages....

After [Minor-1's] mother fled and settled in New York with her children, HELBRANS and ROSNER devised a plan to kidnap Minor-1, then 14 years old, to return her to Guatemala and to her then-20-year-old “husband.”  In December 2018, they kidnapped Minor-1 and her brother in the middle of the night from a home in upstate New York and transported them through various states and, eventually, to Mexico.... At the time of the kidnapping, Lev Tahor leadership was seeking asylum for the entire Lev Tahor community in the Islamic Republic of Iran.

Times of Israel reports on the sentencing.

Mexico's Supreme Court Legalizes Abortion In State Bordering Texas

On Tuesday, Mexico's Supreme Court of Justice of the Nation held unconstitutional several provisions of the Penal Code of the state of Coahuila that criminalizes abortion.  According to a Court press release (full text in Spanish), the Court unanimously declared Article 196 of the Penal Code of Coahuila unconstitutional.  The section criminalizes voluntarily having an abortion or or causing a woman, with her consent, to have an abortion. The court said the section violates the right of a woman to choose. 

The court also invalidated Article 198 that prohibits health care workers from assisting in an abortion, and Article 199 that limits abortion in the case of rape, artificial insemination or implantation to 12 weeks. Finally the Court invalidated as discriminatory Article 224 that sets a lower penalty for rape between spouses, common-law partners and civil partners than for rape by others.

The decision was unanimous on the part of all 10 Justices. Because the decision was by more than 8 votes, its reasoning is binding on all federal and local judges. 

Reuters reports on the decision, pointing out that the state of Coahuila borders Texas which just effectively banned most abortions. This could make the state a destination for Texas women seeking abortions.

Mexico Charges Priest With Electioneering Offense

In Mexico on Tuesday, prosecutors-- in a first of its kind case-- filed charges of "vote pressuring" against a Roman Catholic priest. The offense is punishable by a fine.  AP reports:

Prosecutors accuse the priest and two former mayoral candidates of participating in a Mass at a church in the town of Chiautla, in the state of Mexico. The priest allegedly blessed the candidates, and the Mass was allegedly touted as the opening of their campaigns.

Under Mexican law, clergy are not allowed to endorse political candidates. [Thanks to Scott Mange for the lead.]

In Mexican Village, Utility Shut-Off Used To Force Protestant Families To Contribute To Local Catholic Festivals

According to a press release issued last week by Christian Solidarity Worldwide USA, in the Mexican village of Unión Juárez (in Chiapas state) 25 Protestant families who belong to the Mount Tabor Evangelical Church have had their water and electricity cut off for refusing to contribute financially to Traditionalist Catholic religious festivals in the village. The actions against the families began Feb. 11.  Guards, ropes and chains have been placed around the families' homes to prevent them from reconnecting their services or receiving visitors until they pay 500 pesos (approximately $38) each. Village authorities base their demands on the Law of Uses and Customs which gives indigenous populations autonomy to exercise traditional governance forms. The families have filed a complaint with the National Commission for Human Rights.