The Anti-ICE Protest That Could Sideline A Generation Of Activists

One of the first things Nekima Levy Armstrong saw after spending the night in a Minnesota jail on federal charges was a photo of herself in handcuffs that the White House had ” and “overreach at best.”

On early arrest warrants, Magistrate Judge Douglas L. Micko literally crossed out the FACE Act charge in pen, writing in block letters, “NO PROBABLE CAUSE.” Micko also refused to issue warrants for five other would-be defendants; a few days later, prosecutors secured a grand jury indictment for their initial arrest targets.

On Friday, Micko called out federal prosecutors dragging their feet in the discovery process.

“So, here we are, months into a case that the government had an intense appetite to initiate, but cannot seem to keep up the pace when it comes to discovery obligations,” the judge wrote. “This is unacceptable.”

“Conspiracy against rights” charges can result in up to 10 years in prison. And someone convicted of their first FACE Act violation can face anywhere from six months to 10 years behind bars, with the upper limit applying “if bodily injury results” from someone’s actions.

The superseding indictment alleges that the actions of the 39 defendants “resulted in a bodily injury to one of the congregants.” It does not specify further, but a federal agent’s affidavit alleges that one unidentified person slipped and broke her arm while exiting the church.

All of the defendants who’ve been arraigned have pleaded not guilty, and some are fighting the charges before they reach trial. Last month, Austin filed a motion to dismiss the charges against him for “failure to state a claim” — even if everything alleged about his actions inside the church is true, his attorney argued, it doesn’t amount to a federal offense.

The federal charges risk sidelining dozens of seasoned activists, who now face potential custody during their criminal case if they have a run-in with the law — which isn’t unlikely in a city still hosting hundreds of federal agents.

“I’m driving and checking my speed constantly,” Cullars-Doty said.

Hughes said he was now more hesitant about pursuing his work documenting protest movements in the Twin Cities.

“If I’m going somewhere to cover something and there’s likely to be police action, I’m much more aware of that,” he said. “Typically, I would be right there in the midst of it, but now I tell myself, if that kind of shit hits the fan when you’re out here, just walk away, because you don’t need that. So, yeah, I hate to admit it, but it has put that fear in me.”

Crews said he felt the indictment was meant to have a chilling effect on local activists.

“It just adds stress to the leadership up here,” he said. “We have very effective grassroots leadership here, and I think this indictment is a way to silence and slow down that leadership — especially in an election year.”

Still, several defendants conveyed a sense of resolve in the face of the charges.

Austin, who has long battled post-traumatic stress disorder from his time in Afghanistan, said joining protests in the Twin Cities has felt like a realization of the decade of work he’s done on himself. “I’ve had so many veterans reaching out, saying, ‘Hey, you’re giving me the freedom to take action myself,’” he said.

Cullars-Doty said the protest was “a righteous action — it was just, it was necessary.” When federal agents arrived at her door at 4:30 a.m., saying that they had a warrant for her arrest, she recalled feeling “a blanket of peace.”

“I had so much peace, I did not hear my dog barking. I guess they were banging on the door, ringing the bell — I didn’t hear any of that,” she recalled.

Inside federal agents’ van, she began praising God.

“It’s in God’s hands. Worst-case scenario? Where can I go that he is not?” she said.

Even if convicted, “I would have a prison ministry,” Cullars-Doty added. “But I believe that we will win.”

Armstrong said the government was engaged in a retaliatory process to “punish dissent, and to try to silence our voices.”

“We know that we’re standing on the right side of history,” she said.