On The Front Lines
TRI President Voices Concern Over Immigration Bill, Calls on Congress to Exempt Religious Community from Prosecution
CHARLOTTESVILLE, Va.-- In a memorandum to members of the Senate Judiciary Committee, John W. Whitehead, president of The Rutherford Institute, has called on Congress to reject H.R. 4437 "The Border Protection, Antiterrorism, and Illegal Immigration Control Act," voicing his concern that the proposed legislation, which seeks to expand the class of individuals who could be prosecuted for illegal "alien smuggling," places an unconstitutional burden on the religious community and places them at risk of criminal prosecution simply for performing acts of mercy commonly associated with charitable institutions and people of good will. A copy of Whitehead's memorandum is available here.
"By criminalizing the acts of Good Samaritans who may unknowingly offer aid to illegal aliens, the proposed Immigration Bill would force religious individuals and institutions to either curtail their charitable activities, which are a central tenet of most faiths, and restrict them solely to individuals who can provide proof of legal residence or risk breaking the law," said Whitehead. "Such a burdensome requirement is unnecessary, unreasonable and, most importantly, in violation of federal law."
"The Border Protection, Antiterrorism, and Illegal Immigration Control Act," introduced in the House of Representatives by James Sensenbrenner (R-WI), seeks to strengthen border control and enforcement of current immigration laws. However, the legislation also seeks to expand the class of individuals who could be prosecuted for illegal "alien smuggling" to include anyone who "knowing[ly] or in reckless disregard of the fact" helps an illegal alien enter or remain in the United States. In his memorandum, Whitehead pointed out that although several lawmakers have insisted that the Immigration Bill is not aimed at criminalizing altruistic assistance given to illegal aliens and makes no overt reference to religion, the Bill's language is so vague as to put religious individuals and groups at risk. The memorandum outlines Whitehead's concern that the Bill, if passed, will interfere with the free exercise of religion, thereby violating the First Amendment to the U.S. Constitution, as well as the Religious Freedom Restoration Act. For example, "as currently written, the Bill could compel those operating soup kitchens and homeless shelters to restrict their services to individuals who are able to provide proof of legal residence. However, such a restriction would clearly impact legal immigrants and U.S. citizens who turn to such shelters for help, as well as illegal immigrants, if they were unable to provide the proper paperwork. The Bill could also be applied in such a way as to punish an innocent bystander for helping someone stranded by the side of the road if that person turned out to be an illegal alien." Calling on Congress to protect the constitutional rights of churches and charitable organizations, Whitehead urged the Senate to consider attaching an exemption to the proposed legislation that would bar the prosecution of religious individuals and charitable organizations who offer basic needs such as food, shelter, counseling, child-care and spiritual assistance to illegal aliens.
