Terra Extraneus

On Terra Extraneus’ Open Mic page, Stephen Heggy, a student at Oklahoma State University, has written:

Hey, did you guys hear about Cardinal Mahony in California that told his congregation that he did not approve of the new immigration law about to be passed and would advise his priests and deacons not to abide by it. He also said that immigration was not a national security issue. (The O’Reilly Factor quoted him as saying that terrorists would not trek through the desert to enter the country, but I couldn’t find any other source that repeated that.) What do you think of that?

Thanks for your question, Stephen.

Cardinal Roger Mahony is the Archbishop of Los Angeles and one of the 179 cardinals of the Roman Catholic Church. He oversees a “parish” of more than 4 million Catholics. In other words, he is a very influential individual. He is recognized as one of the most politically liberal Catholic leaders in the U.S. He has been an outspoken advocate on behalf of legal and illegal immigrants.

Cardinal Mahony has voiced his strong objection to the Border Protection, Antiterrorism, and Illegal Immigration Control Act (HR 4437), which was passed by the U.S. House of Representatives on Dec. 16, 2005. As you say, Stephen, the proposed legislation has not become law. After House passage it was referred to the Senate, where the bill could die or could go through major change before becoming law.

Among its numerous provisions, HR 4437 would make it a crime punishable by up to 5 years in prison for an individual to provide assistance to an illegal alien. What Mahony fears is that the bill would make it a crime for churches and other helping agencies to help people in need. After all, Jesus specifically commanded us to provide loving aid to strangers (Matthew 25:37-40), and he didn’t tell us to check their papers first.

However, a spokesman for Rep. James Sensenbrenner Jr. (R-Wis.), the lawmaker who authored the bill, said Mahony and others who object to the bill are guilty of “hysteria.” Jeff Lungren said HR 4437 doesn’t target churches or helping agencies, but targets border smugglers. Lundgren told the Washington Post:

Everyone seems to understand the intent. It is intended to go after smugglers…[Addressing church leaders who oppose the bill, Lungren said,] You say we’re going after you? Well, are people coming after you right now, because that’s the current law?

Well, let’s just take a look at the current law, and how HR 4437 would change the law. The current law, the Immigration and Nationality Act, says (in Sec. 274) that a person commits a felony if he:

encourages or induces an alien to come to, enter, or reside in the United States.

Sensenbrenner’s bill (Sec. 202, HR 4437) would change the wording of that paragraph so that a person commits a felony if he:

assists, encourages, directs, or induces [an illegal alien] to reside in or remain in the United States.

So, Lungren isn’t exactly right when he says the new bill is the same as the current law. The current law forbids “encouraging” or “inducing” the residency of illegal aliens, but the new bill would go beyond that to forbid “assisting” such aliens. I share the cardinal’s concern that the new language might prompt an over-eager law enforcement officer or prosecutor to attempt to punish a priest, minister, doctor, nurse, or social worker for offering medical treatment, a meal, or a cold glass of water to an illegal alien.

I have no objection to punishing those who are actively promoting illegal immigration, but I would certainly object to any attempt to prevent Christians from simply providing assistance to a fellow human being, regardless of their residency status. If it is true that the House bill does not intend to stop an individual from doing simple acts of kindness for a neighbor in the name of Christ, then the language should be clarified before it becomes law. Despite Lungren’s cheap shot about the cardinal’s “hysteria,” Cardinal Mahony was right to sound the alarm about this bill now, before it becomes law.

If the government were ever to attempt to use any immigration law to force churches to check people’s papers before providing assistance, such as food, clothing, or temporary shelter, then I’m with Cardinal Mahony. When a person turns to me in my capacity as the minister of a church for help, I will continue to provide whatever help I believe is appropriate, according to my understanding of the Scriptures, in the name of the Lord. I support the work of the Immigration Service and the Border Patrol, but I will not attempt to do their work when someone turns to me as a minister of Christ.

I applaud Cardinal Mahony for bringing this issue to national attention while there is still time to tidy up the language of the immigration bill. But I’m not worried about it. If the government were ever to attempt to prevent a church from carrying out its God-given mission, I am confident that the courts would remind the government of the First Amendment guarantee of free exercise of religion.

This is an issue of religious freedom, and so far, this is still a free country.

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Here are two news stories about the immigration bill:
> Bill on Illegal-Immigrant Aid Draws Fire (New York Times, 12/30/05)
> L.A. Cardinal Plans to Defy Illegals Law (Washington Times, 03/02/06)