Dozens of anti-immigration enforcement protesters who disrupted a January church service in St. Paul, Minnesota, will not face state criminal charges, the city’s top prosecutor announced Wednesday.

St. Paul City Attorney Irene Kao said in a statement that “current evidence is insufficient to meet that standard for criminal charges under Minnesota state statutes.” The decision was heavily criticized by the lead pastor of Cities Church, the Rev. Jonathan Parnell, where the protest occurred.

“This decision should not be interpreted as an endorsement of unlawful behavior or public disorder,” Kao said. “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.”

The Jan. 19 protest interrupted the church’s Sunday service. About 40 people, including former CNN journalist Don Lemon, were arrested after entering the church and refusing to leave. Video of the disruption showed protesters chanting about immigration enforcement and ICE policies.

The demonstrators targeted Cities Church because Parnell also serves as a field office director for U.S. Immigration and Customs Enforcement in Minnesota. In a statement, Parnell called the decision not to file state charges “a grave disappointment” and said it undermined protections for houses of worship.

All of those arrested still face federal charges under the Freedom of Access to Clinic Entrances Act, which prohibits obstructing access to places of worship. The Justice Department has charged more than 40 people in connection with the disruption, a case that remains pending in federal court. Lemon has pleaded not guilty and has said he was covering the protest as a journalist.

The episode has become a rallying point for both sides of the immigration debate and has spurred several states to enact laws increasing penalties for disruptions of religious services.