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August 12, 2011

Benedictines join immigration lawsuit

By Justin Graves The Cullman Times

CULLMAN — Two local religious organizations have joined a class-action lawsuit against the state concerning Alabama’s new immigration law.

A lawsuit against the state that was filed by Alabama’s Roman Catholic, Episcopal and Methodist bishops was amended Thursday morning to include the Benedictine Sisters of Sacred Heart and the Benedictine Society of Alabama, which is located at St. Bernard Abbey.

The initial suit by Alabama’s Roman Catholic, Episcopal and Methodist bishops was filed Tuesday in an effort to overturn the state’s new immigration law, which is set to go into effect on Sept. 1. The U.S. Justice Department, the American Civil Liberties Union and the Southern Poverty Law Center also filed suits against the state.

Those cases have been combined into one class-action suit that will be heard by U.S. District Court Judge Sharon Blackburn on Aug. 24.

The grounds for the suit center around the First Amendment of the U.S. Constitution, which protects every citizens’ right to freedom of religion.

According to Sister Lynn McKenzie, co-counsel for the two local religious organizations, Alabama’s immigration law violates that First Amendment right.

“We feel this law is unconstitutional,” McKenzie said. “In our lawsuit particularly, it’s unconstitutional for people of faith in their usual, everyday ministries and outreach. This law criminalizes things like transporting people because they should’ve known whether or not that person was a documented citizen.

“It chills my right to freely exercise religion as well as those to whom I minister because they’re afraid to come to my church.”

Section 13 of the state’s immigration law deals with transporting, concealing, harboring and shielding illegal immigrants.

Section 13, Provision A-1 of the law states:

“It shall be unlawful for a person to do any of the following: Conceal, harbor, or shield or attempt to conceal, harbor, or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States is in violation of federal law.”

Provision A-3 of Section 13 states that it’s illegal to knowingly transport an illegal alien.

Section 13, Provision C of the law goes on to say that any person in violations of the section’s provisions is guilty of a Class C felony when the violation involves 10 or more illegal aliens.

Sacred Heart Catholic Church holds weekly services geared toward the area’s Hispanic community. Champ Crocker, co-counsel for the Benedictine Sisters of Sacred Heart and Benedictine Society of Alabama, said approximately 700 people attend those services.

McKenzie said transportation assistance is also offered to those who attended the Sacred Heart services.

“There are so many outreach programs and ministries that these churches will be criminalized for it if this law takes effect,” Crocker said. “There’s an old gospel song about going out and bringing them in. Well, now in Alabama, if you go out and bring them in, then you could go to jail.

“This is going to have a chilling effect on everyone in these churches that have outreach programs. These churches are not immigration agencies. They are here to spread the Gospel and do what Christ demanded. They’re not here to be immigration agents.”



* Justin Graves can be reached by phone at 734-2131, ext. 225 or by email at justing@cullmantimes.com.

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