St. Paul won't charge protesters in anti-ICE church demonstration

Tim Harlow, The Minnesota Star Tribune on Jun 3, 2026

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ST. PAUL, Minn. — The St. Paul City Attorney’s Office says it does not have sufficient evidence to file charges against protesters who interrupted a church service during Operation Metro Surge last winter.

Federal charges against more than 30 people arrested following an anti-ICE protest at Cities Church on Jan. 18 continue.

Among those still facing federal charges are former CNN journalist Don Lemon, Minneapolis civil rights activist Nekima Levy Armstrong, military veteran Will Kelly, St. Paul school board member Chauntyll Allen and student activist Jerome Richardson.

All have entered not guilty pleas to alleged crimes of conspiracy against the rights of religious freedom at a place of worship and violating the FACE Act, which typically protects houses of worship.

Irene Kao said her office conducted a thorough review of evidence submitted by law enforcement related to the demonstration protesters carried out after they learned that one of the church’s pastors, David Easterwood, was the acting director of the U.S. Immigration and Customs Enforcement field office in St. Paul.

The review, Kao said, included evaluation of video footage, investigative reports and other available materials. Her office only files charges when evidence establishes probable cause and supports a reasonable likelihood of conviction beyond a reasonable doubt.

“Prosecutors determined that current evidence is insufficient to meet that standard for criminal charges under Minnesota state statutes,” Kao said in a statement.

The decision not to charge “should not be interpreted as an endorsement of unlawful behavior or public disorder,” she continued. “The right to peacefully protest is protected, as is the right to exercise one’s religious beliefs. Balancing these equally important rights is paramount to our decision today.”

Kao said acts of violence, destruction of property or threats to public safety remain “serious concerns” and will be prosecuted when supported by admissible evidence. None of that happened during the January demonstration, she said.

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