Massachusetts Church's 'ICE Was Here' Nativity Scene Is Protected Speech, Even if ICE Doesn't Like It

A Roman Catholic priest in Dedham, Massachusetts, has taken a stand against the Trump administration’s mass deportation agenda by replacing Jesus, Mary, and Joseph with a sign that reads “I.C.E. was here” in the church’s Nativity scene. An additional sign states, “The Holy Family is safe in The Sanctuary of our Church…If You see I.C.E. Please Call LUCE At 617-370-5023.” The priest has defied calls from both Immigration and Customs Enforcement (ICE) and the Archdiocese of Boston to remove the signs.

Rev. Stephen Josoma of St. Susanna Parish told WBUR that the scene is meant to focus the Christmas story on the plight of immigrants, citing conversations with refugee families living in fear of deportation after coming to the U.S. from countries such as Honduras, Guatemala, and Afghanistan. “These are folks who carry a lot of scars with them. Some of them are physical scars, but most are emotional,” he told WBUR. “They’ve seen their folks killed in front of them.”

“You feed the hungry, you take care of the homeless, you clothe the naked, you take care of people and their needs,” Josoma told The Boston Globe. “[ICE raids] are the complete antithesis of that on so many levels.”

The scene has drawn criticism from both church and state. Terry Donilon, a spokesperson for the Archdiocese of Boston, said in a statement to MassLive.com that the “divisive political messaging” should be removed, while pointing to statements by the U.S. Conference of Catholic Bishops that call for the humane treatment of immigrants.

Meanwhile, both ICE and the Department of Homeland Security (DHS) have condemned the church’s speech. ICE Acting Director Todd Lyons called for the removal of the Nativity scene in a statement to Fox News, saying, “The actions of the activist reverend, Stephen Josoma, are absolutely abhorrent and add to a dangerous narrative responsible for a more than 1,150% increase in assaults on ICE officers.”

Tricia McLaughlin, DHS assistant secretary for public affairs, told MassLive.com, “Not only is this ‘nativity’ scene offensive to Christians, but it is also depicting something that—despite what Rev. Josoma says—NEVER happens. ICE does not separate families….Get a grip and seek help.”

Despite McLaughlin’s insistence, the agency has, in fact, separated immigrant families. In October, a case of a 13-year-old Massachusetts boy from Brazil made headlines after he was detained by ICE rather than being released to his mother following his arrest by the Everett Police Department. The boy was subsequently transported to a Virginia detention center over 500 miles away without his family’s or his attorney’s knowledge. More cases have come to light, including a 6-year-old boy in Queens who was detained by ICE and separated from his Chinese father. And a recent report from ProPublica found that ICE has sent about 600 immigrant children to detention this year—a number higher than the previous four years combined—suggesting more families have also been separated.

Regardless of any disagreement that ICE or the DHS may have with Josoma over his church’s Nativity scene—should he choose to keep it—this kind of speech is firmly protected under the First Amendment. Between the Free Speech and Free Exercise clauses, both private religious speech and expressive religious activities are protected from government infringement, particularly when the speech concerns important civic discussions—like controversial immigration enforcement policies. Any decision to remove the scene should be left up to the church.

Despite all the pushback, Josoma and about 10 other St. Susanna parishioners gathered on Monday to defend the display, according to MassLive.com. Josoma said the scene has been received positively, and he is waiting to speak with the archbishop of Boston, Richard Henning, before removing the scene. “The church has a right to speak out,” Josoma told Fox News. “And we should be talking about issues. We’re supposed to take care of people.”

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