Alabama now has the toughest immigration law in the nation, according to Gov. Robert Bentley. But churches no longer have to worry whether their ethnic ministries could be threatened — they are safe.
U.S. District Judge Sharon Lovelace Blackburn blocked the section of the law that would have allowed the state to prosecute those who harbor or transport illegal immigrants because it went further than a similar federal law.
Many church leaders were concerned that illegal immigrants found in a church service might be considered harboring and picking up illegal immigrant children for a Vacation Bible School might be considered transporting.
This concern was raised by a Hispanic Alabama Baptist pastor as well as on the editorial page of The Alabama Baptist. Leaders of the state’s Episcopal, Methodist and Roman Catholic churches filed a lawsuit along these lines. It was combined with two other lawsuits, resulting in the current suit in which Blackburn ruled most of the original law legal Sept. 28.
Sponsors and supporters of the original legislation assured Alabama Baptist leaders early on that they were not trying to infringe upon freedom of worship in the state. They were not targeting churches with the legislation.
Attorney General Luther Strange argued previously that churches were always protected under existing law. The Alabama Religious Freedom Amendment provides significant protection to the exercise of religious rights, he said, noting the idea that one would not be able to engage in ministry, the sacraments and other things was not true.
Bill sponsor Rep. Micky Hammon, R-Decatur, agreed.
“This law is targeted at those knowingly partaking in illegal activity and human harboring. This has never been intended to interfere with religious activity.”
Other sections of the law blocked by Blackburn:
• The state cannot prosecute those who conceal or rent to an illegal immigrant.
• The state cannot bar an illegal immigrant from seeking work.
• The state cannot stop businesses from deducting from state taxes the wages paid to illegal immigrants.
• The state cannot enforce a new law establishing a $500 fine for stopping in a roadway to hire day laborers.
• Illegal immigrants cannot be barred from enrolling in state universities.
At press time, a group led by the Hispanic Interest Coalition of Alabama said it would seek an emergency stay of Blackburn’s order. And Bentley promised to fight to see the sections that were blocked take effect eventually.
(TAB)
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