Three people arrested Thursday after a protest in a St. Paul church remain jailed Friday.

It’s not know when a judge will decide whether they’ll remain in federal custody at the Sherburne County jail or be released, their attorneys said Friday morning.

“We have to wait for the court. There’s no other steps procedurally other than wait for the decision on the appeal,” said James Cook, who is representing St. Paul School Board member Chauntyll Allen and social media personality William Kelly.

Civil rights attorney Nekima Levy Armstrong and Allen were initially granted release by federal Magistrate Judge Douglas Micko on conditions, including no contact with potential victims or witnesses in the investigation, a stay-away order from Cities Church and no travel outside Minnesota without prior approval from their probation officers.

Prosecutors, however, made a motion to stay the release for further review, saying they might be flight risks, which Micko granted following appearances at the federal courthouse in downtown St. Paul on Thursday afternoon.

“There’s no way to really predict” how long a decision will take, Cook said Friday. “I’ve been telling people, ‘We’re in uncharted territory.’ … In my point of view, they’re being held unfairly.”

On Sunday, protesters disrupted services inside Cities Church on Summit Avenue, near Snelling Avenue, in St. Paul. The acting field office director for U.S. Immigration and Customs Enforcement in Minnesota serves as a pastor at the church.

The Justice Department quickly opened a civil rights investigation after the group interrupted services by chanting “ICE out” and “Justice for Renee Good,” referring to the 37-year-old mother of three who was fatally shot by an ICE officer in Minneapolis earlier this month.

Attorney General Pam Bondi, in announcing the arrests on X (formerly Twitter) on Thursday, wrote: “Our nation was settled and founded by people fleeing religious persecution. Religious freedom is the bedrock of this country. We will protect our pastors. We will protect our churches. We will protect Americans of faith.”

The charges filed in federal court remained under seal as of Friday morning.

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