12 Challenging Laws Faith-Based Engagement with Unauthorized Immigration
Another Letter from Birmingham
On June 13, 2011, Alabama’s Governor, Robert Bentley, and two state legislators received an open letter. The letter, signed by more than 150 United Methodist ministers, began with these words:
Forty eight years ago, while sitting in a Birmingham jail cell, Dr. Martin Luther King wrote that, just as Christians have a moral duty to obey just laws, they also have a moral duty to disobey unjust ones. We are a group of United Methodist ministers from all across the state of Alabama who believe that HB 56 is an unjust law.
These clergy wrote to condemn the Beason-Hammon Taxpayer and Citizen Protection Act (HB 56), which had been signed into law by an overwhelming majority of Alabama legislators four days earlier. The law was widely acknowledged as the harshest and most punitive among the five state immigration laws enacted in the first half of 2011, as copycats of Arizona’s controversial SB 1070. When it passed in the state of Alabama, religious leaders were forced to contend with the statewide climate of fear and prejudice and with the haunting reminder of Alabama’s own troubled history.
HB 56 brought Alabama into the center of a nationwide trend in which state and local governments, frustrated with the stalled immigration debate in Washington and the federal government’s inability to pass immigration-related legislation, have taken matters into their own hands. The Alabama law formed part of a record-breaking number and breadth of immigration bills introduced in state legislatures throughout the United States during the first half of 2011. According to the National Conference of State Legislatures, 1,592 immigration-related bills and resolutions were passed in the states (Open Letter 2011).
Explaining the intention of the law, Representative Mickey Hammond, who sponsored the bill in the State House of Representatives, explained, “This bill is designed to make it difficult for them to live here so that they will deport themselves” (Chandler Reference Chandler2011). Alabama expressly intended to join the growing trend of addressing unauthorized immigration through the strategy of attrition through enforcement. Alabama’s sweeping law would require local law enforcement agents to verify the immigration status of individuals that police have “reasonable suspicion” of being undocumented; require that Alabama public elementary and secondary schools determine and report the immigration status of children in their schools; deny the right to receive higher education to unauthorized immigrants; criminalize transporting or renting property to unauthorized immigrants; and prohibit any activities encouraging unauthorized immigrants to visit or reside in the state of Alabama.
As state laws related to immigration increased dramatically in the wake of Arizona’s SB 1070, they pointed toward the states as key battlegrounds, not only for the legal authority to control immigration, but also for the ability to shape moral and ethical frameworks within which unauthorized immigration would be understood. In Alabama, this framework inevitably brings the state’s history into focus. The Reverend Matt Lacey was one of two authors of the open letter from the United Methodist clergy. Explaining why they began with reference to King’s “Letter from a Birmingham Jail” he explained, “King was saying context doesn’t matter. If it’s unjust, it’s unjust, and you call it like you see it” (Robertson Reference Robertson2011). Reverend Lacey’s Birmingham church had, decades earlier, counted Sheriff Bull Connor among its members. This outspoken segregationist had directed the use of fire hoses and police attack dogs against Martin Luther King Jr. and other peaceful protesters in Birmingham in 1963, and was responsible for the jailing of Martin Luther King Jr. in that city, where King penned the famous 1963 letter.
Building on the legacy of the civil rights movement, on August 1, 2011, four bishops – Methodist, Episcopalian, and Catholic – sued the state of Alabama. Their complaint argued that
if enforced, Alabama’s anti-immigration law will make it a crime to follow God’s command to be Good Samaritans. Luke 10:25–37. Without relief from this court, the Law will prohibit the members of these mainstream congregations from being able to freely practice their faith to minister to all of God’s children without regard to immigration status. If enforced, the Law will place Alabama church members in the untenable position of verifying individuals’ immigration documents before being able to follow God’s Word to “love thy neighbor as thyself,” Matthew 22:39. Alabama’s anti-immigration law may brand Christians as criminals. (Parsley et al. Reference Parsley, Willimon, Rodi and Baker2011)
Directly challenging the attrition through enforcement model as inhibiting their free practice of religion, the bishops explained, “the intention [of HB 56] is to ensure Alabamians are inhospitable to strangers…. In contrast, the Bible is replete with directions on how to selflessly welcome all people without reservation.” Contrary to their typical approach, religious and political conservatives in Alabama argued that the legislation required a respect for clear separation of church and state and, on this basis, criticized the decision to write an open letter. The United Methodist clergy who penned the letter offered this defense:
Although the governor and virtually every legislator claim to be Christian, they have not been able to give a Christian argument for supporting HB 56. The only faith argument we have heard is based on a passage in Romans 13 where Paul writes, “Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed, and those who resist will incur judgment.” Many have interpreted this statement to argue that we have no right to speak against a bill that has been signed into law by the governor. However, Paul (along with most of the first Christians) was himself a lawbreaker. Paul eventually was executed by the state as a lawbreaker. In fact, some of Paul’s letters were even written while he was in prison. Paul and the early Christians never advocated submitting to laws that directly contradicted their faith. (United Methodist Clergy 2011)
Faith-based responses in Alabama did not stop at letter writing and legal actions. On November 21, close to three thousand immigrants and their supporters gathered in the 16th Street Baptist Church, a place that is deeply linked to the struggle for social justice and racial equality. In the spring of 1963, the Ku Klux Klan planted a bomb there that killed four African American little girls, marking a turning point in the civil rights movement. Drawing from this powerful historical legacy and chanting “USA! USA! USA!,” those gathered nearly half a century later kicked off a national campaign against HB 56 (Ott Reference Ott2011).
A broad range of religious groups joined in condemning Alabama’s law. As Alabama’s religious leaders challenge laws they believe to directly contradict their faith, they drew upon a set of principles that faith-based organizations (FBOs) in the United States have been working to craft for more than a decade. These principles, which we explain in the following text, stimulated a range of other local, regional, and national responses in support of those vilified as “illegal” in the United States. Religiously inflected discourses emphasizing diversity, inclusion, and shared humanity represented an alternative to the dichotomous rhetoric of beleaguered law-abiding citizens versus criminal, dangerous, and opportunistic immigrants. This discourse is part and parcel of what Nicholas De Genova (Chapter 2) describes as the “legal production of migrant ‘illegality.’”
Supportive Statements by Faith-Based Organizations and Their Theo-Ethical Underpinnings
Christian Responses
Many people of faith recognize that the immigration system has not been working for years and some go as far as declare that it is now irretrievably “broken.”1 They challenge enforcement-only approaches, which both fail to address the root causes of unauthorized immigration and run counter to religious notions of solidarity, charity, and compassion. The General Board of Church and Society of the United Methodist Church, for example, has explicitly stated that such approaches “are limited in their scope and take into account only the ‘breaking of the law’ through illegal crossing of the border. The enforcement-only approach does not seek to understand the context of why so many have crossed the U.S. northern and southern border illegally” (United Methodist Church 2011). Seeking to respond to the needs of the estimated eleven million people living in this country without official immigration papers, religious groups offer pastoral support and engage in advocacy. They aim both to help immigrants settle – and remain settled – and to unsettle government policy (Snyder Reference Snyder2011).
In this and the following section, we throw a spotlight on some religious responses – those made by denominational structures and coalitions at a national level – and outline in more depth the theo-ethical principles that underpin them. Most Christian denominations have expressed opposition to increasingly draconian state bills and local ordinances directed against unauthorized immigrants, while advocating for meaningful immigration reform, even if they do not always agree on the matter of offering a path to citizenship. In doing so, they claim to be challenging the current laws of the land on the basis of an alternative set of laws – those of God. These statements and actions are, as the situation in Alabama demonstrated, sometimes able to bring about significant change in local, state, and national discourse and debate, largely because religious leaders – and particularly Christians – have a privileged voice that carries moral authority (see Smith Reference Smith1996: 20).2 As Walter Nicholls demonstrates in his chapter in this volume (Chapter 10), vigorous campaigning by young immigrants supported by FBOs and other coalitions around the Development Relief and Education of Alien Minors (DREAM) Act,3 contributed to President Obama signing Deferred Action for Childhood Arrivals (DACA) on June 15, 2012. DACA offers those who have been brought to the country as minors and who met certain other requirements a reprieve from deportation. According to Obama, this was “the right thing to do” as so-called DREAMers are “Americans in their hearts, in their minds, in every single way but one: on paper.”4 The success of the DREAMers was due in large part to the strategic use of practices of civil disobedience, including marches, sit-ins, and witnessing, that groups like United We Dream borrowed from the civil rights movement. In one case, United We Dream leaders even met with one of President Obama’s senior advisors to press their case in a church in Washington, D.C., because unauthorized immigrants could not enter the White House.5 Even more significantly, the reelection of President Obama can be seen as a referendum on both his campaign commitment to bring about comprehensive immigration reform, including a pathway to citizenship in his next term, and the preference of Mitt Romney for “self-deportation” as a solution to current immigration challenges. FBOs, working closely with DREAM activists, have played a noticeable explicit and implicit role in bringing about this shift in discourse and the pendulum of public opinion.
At the most general level, FBOs have been at the forefront of challenging the construction of the category of illegality, particularly its recent association in public discourse with criminality, civic insecurity, and terrorism. For example, the World Council of Churches (WCC), a worldwide fellowship of 349 Protestant and Orthodox denominations and churches based in 110 countries, observes with concern that
The marginalization and exclusion of migrants has become one of the most dangerous trends in the world today…. The now common usage of the term “illegal migrant” or “illegal alien” reinforces this. By definition, this term criminalizes and de-humanizes human beings; it by a word renders people legally non-existent. For Christians, no human being is illegal. (World Council of Churches 1998)
For the WCC, the critique and rejection of the category of illegality stems from “the sacredness of all human life and the sanctity of all creation.” It argues that “the Biblical values of love, justice and peace compel us to renew Christian responses to the marginalized and excluded,” and “the Biblical challenge to build inclusive community requires us to accompany the uprooted in service and witness’” (World Council of Churches 1998).
Nobel Peace Prize winner and Holocaust survivor Elie Wiesel, speaking in more general moral terms, wrote: “You who are so-called illegal aliens must know that no human being is illegal. That is a contradiction in terms. Human beings can be beautiful or more beautiful, they can be fat or skinny, they can be right or wrong, but illegal? How can a human being be illegal?”6 Wiesel here points to the contingent and fabricated nature of the category of illegality. It is not an essence or a fixed natural condition. Rather, it is a political and juridical category connected to the historical emergence of the nation-state (Ngai Reference Ngai2004).7
While FBOs are playing an important role in contesting the category of illegality, most their work has concentrated on accompanying, defending, and welcoming unauthorized immigrants as individual human beings who deserve understanding, respect, and love. In large part, this is a function of the fact that religious congregations are often at the frontlines of local tensions generated by immigration and increasing racial and religious diversity. As we shall see in our case studies, congregations are one of the few safe spaces where unauthorized immigrants and the native born can meet face to face, beyond the dehumanizing discourses of illegality that dominate the public sphere. This is the driving force behind the emergence of an interdenominational and interreligious New Sanctuary Movement, which seeks to move “immigrants from victim to witness.”8
Denominations humanize and serve immigrants in diverse but complementary ways. As a church that has historically experienced hostility from nativist groups like the Know-Nothing Party, and one that is currently witnessing dramatic changes in its internal composition due to the presence of large groups of immigrants from Latin America, Asia, and Africa, the Catholic Church has been among the clearest voices defending the dignity and rights of unauthorized immigrants. The Church’s stance is powerfully articulated in Strangers No Longer: Together on the Journey of Hope, a pastoral letter issued jointly by the bishops of the United States and Mexico in 2003. The document concludes by citing John Paul II’s message for World Migration Day in 1995:
In the Church no one is a stranger, and the Church is not foreign to anyone, anywhere. As a sacrament of unity and thus a sign and a binding force for the whole human race, the Church is the place where illegal immigrants are also recognized and accepted as brothers and sisters…. The Church must, therefore, welcome all persons regardless of race, culture, language, and nation with joy, charity, and hope. (U.S. Catholic Conference of Bishops and Conferencia del Episcopado Mexicano 2003: para. 103)
The U.S. and Mexican bishops also pledge directly to migrants to
stand in solidarity with you, our migrant brothers and sisters, and we will continue to advocate on your behalf for just and fair migration policies. We commit ourselves to animate communities of Christ’s disciples on both sides of the border to accompany you on your journey. (U.S. Catholic Conference of Bishops and Conferencia del Episcopado Mexicano 2003: para. 106)
Out of this call for solidarity, the U.S. Catholic Conference of Bishops (USCCB) launched in 2005 the national campaign Justice for Immigrants: A Journey of Hope. This campaign maintains an active website that offers “parish toolkits” explaining the Church’s position on immigration and providing resources to develop a welcoming parish. These resources may involve hosting international dinners or job fairs, offering English-language classes, planning multicultural liturgies, training immigrant lay members, providing legal services, and coordinating letter-writing campaigns and visits with local legislators to lobby for a comprehensive and humane reform (Justice for Immigrants Reference Immigrants2011).
In its most recent statement on the subject, Welcoming Christ in the Migrant (2011), the USCCB reiterates the message of dignity and solidarity in Strangers no Longer and also engages another key theme in Jewish and Christian responses to migrants: the recognition that key figures in their traditions were migrants. Welcoming Christ in the Migrant underscores the widespread reality of migration in the Bible, from Abraham and Sarah, who are called to migrate from Ur to Canaan, and Moses leading the Hebrews out of slavery in Egypt and wandering for forty years in the wilderness to Matthew’s account of Joseph and Mary fleeing to Egypt to escape the repressive hand of King Herod. It also points out that “Jesus is portrayed as a migrant,” who “had no place of his own and relied on the hospitality of others for his and his disciples’ needs” (U.S. Catholic Conference of Bishops 2011: 4).
These scriptural resources inform a long tradition of Catholic social teaching, which on the subject of immigration relies on three fundamental principles: (1) people have the right to migrate to sustain their lives and the lives of their families; (2) a country has the right to regulate its borders and control migration; and (3) a country must regulate its borders with justice and mercy (U.S. Catholic Conference of Bishops 2011: 5). The first principle – echoed in the secular language of human rights – includes the right of individuals not to migrate. This principle is rooted in the Christian conception of the fundamental dignity of all human persons. Created in God’s image (Gen. 1:26–27) and as “God’s children,” all human beings have value and dignity, regardless of class, race, gender, or immigration status, and all have an inherent right to pursue the flourishing of themselves and their families. The second and third principles rest on the twin notions of the “sovereignty” and “common good,” sovereignty understood as “the duty and responsibility of sovereign states to regulate their borders in furtherance of the common good.” It is exercised through determining who is allowed access to its territory and who can receive political membership (Kerwin Reference Kerwin, Kerwin and Gerschutz2009: 105–6). Prima face, the first and second principles appear to contradict each other: it is often argued that the “common good” of natives in terms of jobs and resources and their “sovereignty” are threatened by Mexicans and Central Americans exercising their “right” to migrate. However, the bishops argue that they are reconciled by the third principle, which calls nations to find the right balance between “valid security needs while at the same time striving to meet the basic human needs of others, including those who are foreign born.” In regulating their borders with justice and mercy, nations must seek “the common good above self-interest. Family reunification must be at the center of all government migration policies …” (U.S. Catholic Conference of Bishops 2011: 6). As they have pointed out, the principles are complementary as “the common good is not served when the basic human rights of the individual are violated” (U.S. Catholic Conference of Bishops and Conferencia del Episcopado Mexicano 2003: para. 39). “Common good” is here understood as “universal” or “borderless” and relates to the whole global human family. In the face of globalization and the increasing interdependence of nation states, “neighbors” can no longer be understood only or primarily as those who are physically proximate. Solidarity is the virtue through which “the common good is realized” (Kerwin Reference Kerwin, Kerwin and Gerschutz2009: 104–5).9
Protestant denominations tend to focus more exclusively on biblical texts. For instance, the General Board of Church and Society of the Methodist Church begins its statement on immigration with a citation from Leviticus 19:33–34: “The alien who resides with you shall be to you as the citizen among you: you shall love the alien as yourself, for you were aliens in the land of Egypt.” This citation frames the work of the United Methodist Task Force on Immigration, which created Immigration Rapid Response Teams in thirty-one of the church’s annual conferences. In September and October 2011, seven sites in these thirty-one conferences held Bible study sessions in support of DREAM Sabbath, a campaign coordinated by the Interfaith Immigrant Coalition.
The Evangelical Lutheran Church in America (ELCA) recalls “Paul’s admonition: ‘Welcome one another, just as Christ has welcomed you, to the glory of God’” (Rom. 15:7). Drawing on the Leviticus passage mentioned previously, ELCA’s statement on immigration further enjoins the faithful: “We should hear our own ethnic groups degraded when they first arrived. Recalling that our families were once the ‘stranger’ – and remembering our Lord’s call to love our neighbor as ourselves – can expand our moral imagination, enable us to see the new ‘stranger’ as our neighbor, and open us to welcome today’s newcomers.”
ELCA warns that “the existence of a permanent sub-group of people who live without recourse to effective legal protection opens the door for their massive abuse and exploitation and harms the common good” and calls for “flexible and humane ways for undocumented persons who have been in this country for a specified amount of time to be able to adjust their legal status” (Evangelical Lutheran Church in America 2011).
Embedded in the notion of having a duty to care for the “stranger” are two significant ethical assumptions. First, biblical calls to welcome outsiders are usually linked with an invitation to remember one’s own identity as a stranger, to recall the long tradition of the people of God of movement and exile. Significantly, the ELCA echoes this practice in asking their members to remember their own identities as “degraded” immigrants when they first arrived in the United States. The native born are to respond from a place of empathy, from memories of their own marginalization and need. Second, caring for the stranger always ends up benefiting the one who provides care as much as the cared for. Hebrews 13:2 – another oft-quoted passage in immigration activist circles – states, “Do not neglect to show hospitality to strangers, for by doing that some have entertained angels without knowing it.” Through encountering the immigrant or “guest,” the “host” is also enriched and transformed. Both parties are simultaneously “host” and “guest”– a reality that is particularly pertinent when thinking about unauthorized immigrants who have been firmly established in the United States for decades, with homes, jobs, and, in some cases, offering “care” to U.S. citizens through domestic or child care labor. Immigrants have also been responsible for the reinvigoration of churches in many places, numerically, culturally, economically, and theologically (Levitt Reference Levitt2007; Lorentzen et al. Reference Lorentzen, Gonzalez, Chun and Do2009).10 These two assumptions point toward an approach rooted in mutuality rather than one-way “do-gooding” or paternalism. They also point to the reality that motivations for supporting immigrants are frequently complex. While “transcendent motivation” plays a significant role – people of faith are inspired by an alternative theological vision that helps them to see how things could be more just, and that generates “considerable self-sacrifice and altruism” (Smith Reference Smith1996: 9–12) – other motivations can also be present. People sometimes recognize that they have something to gain, too. A desire for friends or a need to be needed can coexist with recognition of the importance of supporting people who are experiencing injustice.
Evangelical Protestant organizations are also walking in solidarity with unauthorized immigrants. Sojourners, an evangelical interdenominational coalition focused on justice, has taken a leading role in Christians for Comprehensive Immigration Reform. They argue that members “believe in the rule of law, but we also believe that we are to oppose unjust laws and systems that harm and oppress people made in God’s image, especially the vulnerable.” They advocate for federal legislation that includes humane enforcement, reduced times for family reunification, a path to citizenship, expanded legal avenues for immigration, and economic policies that address the root causes of migration, such as economic disparity between sending and receiving nations (Sojourners 2011).
Evangelical Latinos have also been very active, with the National Hispanic Christian Leadership Conference (NHCLC) spearheading vigorous lobbying efforts on Capitol Hill and putting out organizing kits for local congregations. In its letter to Congress and then President George Bush, the NHCLC observes with concern how
cities across America are beginning to pass ordinances that in essence legalize racial profiling and place the Latino community in an unnecessary defensive posture. We urge you to pass comprehensive immigration reform…. we as Americans have the intellectual wherewithal, the political acumen and the spiritual fortitude to reconcile the principles of law and order with a pathway to citizenship for those that seek to live the American Dream. (National Hispanic Christian Leadership Conference 2006)
The letter makes a strong appeal to the importance of the family in sustaining the moral fabric of American society, concluding that it is essential to keep immigrant families together and to recognize the “intellectual, spiritual and economic capital” brought by immigrants to “the American Experience…. Let us protect our borders, protect all our families and thus, protect the American dream” (National Hispanic Christian Leadership Conference 2006).
The role of the NHCLC highlights an essential aspect to the involvement of all of these churches: immigrants – authorized and unauthorized – have been at the forefront of advocacy and pastoral care. As agents who manage their experiences of hostility, hope, fear, and joy through a range of strategies, including the negotiation of religious identities and practices, migrants draw on church communities, theology, and prayer in different ways at different times.11 As Charles Hirschman has suggested, religion offers a space in which immigrants can pursue their search for three “Rs” – “refuge, respectability and resources” (2007: 413) – and can help people to become involved in their new communities, socially, economically and politically (Levitt, Reference Levitt2008; Ley Reference Levitt2008; Stepick, Rey, and Mahler Reference Stepick, Rey and Mahler2009). Sometimes, immigrants join an established church; sometimes, they create their own. Far from being passive beneficiaries, therefore, those who live in the United States without legal permission to do so are part of the churches and coalitions making these statements and taking these actions. Immigrants are often where the inspiration for such responses initially emerges.
Jewish and Muslim Responses
Most the work with and on behalf of unauthorized immigrants has been undertaken by Christian FBOs. However, some Jewish and Muslim organizations have also been involved. For instance, the Anti-Defamation League (ADL) has called for comprehensive immigration reform, including a path to legalization and citizenship (Anti-Defamation League 2006). Rabbi David Saperstein, Director of the Religious Action Center of Reform Judaism, echoed the ADL’s call, drawing parallels between the Jewish history of immigration and the situation of unauthorized immigrants today.
For over 350 years, our Jewish ancestors have immigrated to this country in search of a more hopeful life; a life free from religious persecution and economic hardship, a life where family members have a chance to be reunited and contribute to their adopted home. Today’s immigrants come here for the same reasons as our Jewish ancestors…. Who are we to say that now that we are here, now that the courage and the hopes of our parents and grandparents in this nation of immigrants have been so richly vindicated, now the door must be closed?12
Jewish FBOs, including ADL, the Hebrew Immigrant Aid Society, the American Jewish Committee, and the Simon Wiesenthal Center, have also been highly critical of SB 1070 in Arizona. In the words of Rabbi Hier, founder of the Simon Wiesenthal Center: “This isn’t about immigration, it’s about discrimination. We should not forget that we’re a nation of immigrants. This law makes no sense – it guarantees and stigmatizes people of color as second-class citizens and exposes them to intimidation and the use of racial profiling as a weapon of bias.”13 Gideon Aronoff, president and CEO of the Hebrew Immigrant Aid Society adds: “We are all Americans, we are all our brothers’ keepers. We have an obligation not to stand by when legislation so harmful is put through” (Apter Reference Apter2010). Along the same lines, Reform Rabbis of Arizona sent a letter to Governor Jan Brewer stating: “Over the centuries, Jews have known the predicament of being ‘strangers in strange lands’…. The mandates of both our Jewish moral and American civic traditions compel us to adamantly oppose this legislation and to call for its immediate repeal.”14 Meanwhile, the ADL has filed an amicus brief in the Justice Department lawsuit against SB 1070, characterizing the bill as “ill-conceived and misguided.”
Understandably, Muslim organizations have been focusing more on the fallout of the USA Patriot Act, which has made Muslim communities vulnerable to suspicion, intolerance, harassment, civil rights violations, and religious profiling. Thus the interventions of Muslim FBOs have concentrated on the link that some nativists make between “illegal” immigration and Muslim terrorists (Stokols 2011). Sociologist Pierrette Hondagneu-Sotelo (Reference Hondagneu-Sotelo2008) observes that, in contrast to Christian and Jewish FBOs working on immigration, Muslim organizations tend to shy away from using explicit religious language to address the issue. This has to do with the difficult place of Islam in post-9/11 America. Christians and Jews operate with the conviction that “their religions are acceptable in the public sphere. They do not encounter the fear, hatred, and suspicion of their religions as Muslims do. Not only are their religions acceptable, but they are respected, revered, can be used strategically to garner moral legitimacy and authority. They know this and use this knowledge” (Hondagneu-Sotelo Reference Hondagneu-Sotelo2008: 176).
However, despite the focus on the rise of xenophobia and religious intolerance and the hesitancy to voice their concerns in explicit religious language, Muslim groups such as the Islamic Society of North America (ISNA), the Islamic Circle of North America, and the Muslim Public Affairs Council have also addressed the issue of unauthorized immigration, actively supporting the passage of the DREAM Act. The rationale for this support has been couched in economic and cultural terms: “the DREAM Act will create opportunities for shared prosperity.” In addition, Imam Mohamed Magid, president of ISNA, stressed that immigrant children who were brought at a very young age to America by their parents without proper authorization have been raised as Americans: “They listen to the same music, play the same football.”15
More research needs to be undertaken into the advocacy and outreach of non-Christian FBOs around the issue of unauthorized immigration. This research will allow us to identify differences and similarities across religious traditions in the goals, strategies, religious symbols, and the kinds of alliances involved. More specifically, it will enable us to understand why Christians have been at the forefront of protests and pastoral action – particularly when compared to Muslims. Do Muslims mainly identify as Muslims rather than migrants because that is the primary way in which they are subjectivized as Others? Is it perhaps harder or riskier for Muslims to voice their concerns in the public sphere about any issue, including their legal immigrant status, when many are simply trying to avoid any attention, most of which tends to be negative?
Although research may be limited at this point, it is clear that Jewish and Muslim responses are important in the context of a growing interfaith coalition advocating for comprehensive and humane immigration reform.16
“Our Law Is God’s Law”: Christians Ambivalent about Immigration
By contrast to the evangelicals mentioned previously, the majority of “born-again” and, more generally, conservative Protestants have been less favorable toward comprehensive immigration reform and more supportive of the enforcement-only approach. As we see in Alabama, these Protestants point to Romans 13:1–7 in which Paul writes that Christians must obey laws and authorities because they come from God: “Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed, and those who resist will incur judgment.” This call for Christians to respect the law and punish those who break it is also found in 1 Peter 2:13–16: “For the Lord’s sake accept the authority of every human institution, whether of the emperor as supreme, or of governors, as sent by him to punish those who do wrong and to praise those who do right.” These groups also highlight passages that suggest that national borders were created and ordained by God (Deut. 32:8; Acts 17:26), and that Christians have a particular duty or priority to those in their own “group,” be that nation, local community, or family (Edwards Reference Edwards and Swain2007; Russell Reference Russell2004).17
The emphasis on respect for the law is clear in statements by denominational bodies such as the Southern Baptist Convention (SBC) and the Church of Jesus Christ of Latter-Day Saints (CLDS). A SBC resolution entitled “On the Crisis of Illegal Immigration” acknowledges from the start a tension at the heart of Christianity: “Christians have responsibilities in two realms: as citizens of the nation and as citizens of the heavenly Kingdom…. As citizens of the nation, Christians are under biblical mandate to respect the divine institution of government and its just laws, but at the same time, Christians have a right to expect the government to fulfill its ordained mandate to enforce those laws.” Nevertheless, “as citizens of the heavenly Kingdom and members of local congregations of that Kingdom, we also have a biblical mandate to act compassionately toward those who are in need, love our neighbors as ourselves, and to do unto others as we would have them do unto us …” (Southern Baptist Convention 2006).
In light of this tension, the resolution concludes with support for a path to legalization, even while calling the federal government to enforce immigration law, “including the laws directed at employers who knowingly hire illegal immigrants or who are unjustly paying these immigrants substandard wages or subjecting them to conditions that are contrary to the labor laws of our country.” At the same time, the SBC urges Christians to care for their neighbor and the foreigner, “regardless of their racial or ethnic background, country of origin, or legal status” and “to act redemptively and reach out to meet the physical, emotional, and spiritual needs of all immigrants, to start English classes on a massive scale, and to encourage them toward the path of legal status and/or citizenship” (Southern Baptist Convention 2006).
A similar tension characterizes the position of the CLDS. In a brief statement, CLDS notes that “most Americans agree that the federal government of the United States should secure its borders and sharply reduce or eliminate the flow of undocumented immigrants. Unchecked and unregulated, such a flow may destabilize society and ultimately become unsustainable. As a matter of policy, CLDS discourages its members from entering any country without legal documentation and from deliberately overstaying legal travel visas” (Church of Jesus Christ of Latter-Day Saints 2011). Nevertheless, referring to the history of mass persecution and expulsion faced by Mormons,
The Church of Jesus Christ of Latter-Day Saints is concerned that any state legislation that only contains enforcement provisions is likely to fall short of the high moral standard of treating each other as children of God. The Church supports an approach where undocumented immigrants are allowed to square themselves with the law and continue to work without this necessarily leading to citizenship. (Church of Jesus Christ of Latter-Day Saints 2011)
CLDS’s position has been influential in the drafting and passage of HB 497 in Utah, a compromise bill that combines increased enforcement with a guest-worker program, which enables qualified unauthorized immigrants to regularize their status, without opening up a path to citizenship.18
The diversity of denominational responses demonstrates the complexity of the issue of unauthorized immigration. While most churches agree that the current immigration system is not working, there is an evident tension between two theological and scripturally based moral grammars, one that stresses the Christian obligation to love thy neighbor and welcome the stranger – contrasting earthly, nation-state laws with divine law – and another that emphasizes the Christian duty to respect and obey human law as God’s.19
Complexities on the Ground
Views from the Pews: Survey Data
Competing theological and moral languages are accompanied by divergent attitudes on the ground. The extent to which the normative position of leaders in the Catholic Church, Evangelical churches, and mainline Protestantism connects with, let alone influences, people in the pews is subject to debate. A 2009 Zogby poll of likely voters in religious communities found a “huge divide between rank-and-file Jews and Christians and many of their leaders.” According to Steven Camarota (Reference Camarota2009), “[t]he public statements of Christian and Jewish leaders make it plain that they believe that legalization is the only moral option. In contrast, their members seem to feel that enforcing the law and causing illegal immigrants to return home is the best option. Presumably community members see enforcement as moral in a way that leaders do not.”
For example, among Roman Catholics, 64 percent of those polled supported enforcement versus only 23 percent who supported legalization. These percentages were virtually the same for mainline Protestants. Only among Jews is the support for conditional legalization (40 percent) roughly equivalent with support for enforcement (43 percent). A great majority of “born-again” Protestants (73 percent) were in favor of enforcement, with only 12 percent indicating support for legalization.
The Zogby poll numbers stand in stark contrast with the findings of the Public Religion Research Institute (PRRI), which conducted a survey among Ohio and Arkansas residents. This survey found that “nearly 9-in-10 Arkansas and Ohio residents, like Americans overall, support an earned path to citizenship for illegal immigrants (85% Ohio, 87% Arkansas, and 86% America), which is one of the key provisions of comprehensive immigrant reform” (Public Religion Research Institute 2010).
The PRRI supplemented its survey with four focus groups among “politically moderate” white Protestant and Catholic voters in Columbus, Ohio, finding “significant differences in attitudes toward immigration between Catholics, whose initial impressions were mostly positive and grounded in their own families’ immigration stories, and Protestants, whose initial impressions were more likely to be negative and associated with images like day laborers looking for work at a Home Depot parking lot” (Public Religion Research Institute 2010).
Another survey by the Pew Research Center, while not showing the “huge divide” between the religious leaders and church members documented by the Zogby poll, indicated that “large segments of the public – including many Catholics, mainline Protestants and evangelicals – harbor serious concerns about immigrants and immigration” (Smith Reference Smith2006). While 52 percent of all Americans agreed with the statement that “immigrants are an economic burden because they take our jobs, housing, and health care,” significantly higher numbers of Christians did – 64 percent of white Evangelical Protestants, 52 percent of white mainline Protestants, and 56 of white non-Hispanic Catholics.20 The Pew Research Center survey also shows that despite the proimmigrant statements issued by religious leaders, attitudes of rank-and-file Christians toward legalization have tended to mirror those of the general public. Nevertheless, the survey did find that the high frequency of church attendance correlates with more favorable views of immigrants and immigration. Thus the study concludes that “the most religiously committed Americans tend to hold views that are more favorable toward immigrants. While church shepherds may not be getting through to all their flock, they may have better luck reaching their most attentive parishioners” (Public Religion Research Institute 2010).
Despite clear discrepancies in their findings, what these surveys show is that religious communities are just as divided on the issue of immigration reform as Americans at large. This persistent division suggests that much work remains to be done to bring about a convergence of views from the pulpit and the pews. In the PRRI focus groups, the majority of the participants readily agreed that the current immigration system is broken. However, “they had little concrete knowledge of how it was broken. When participants heard stories about the hardships of becoming a citizen, ideas shifted in a more supportive direction.” Moreover, “nearly all participants were wary of hearing about a political issue such as immigration reform from the pulpit, but they were open to clergy leadership in discussion or informational settings. Very few had heard anything about immigration reform at church, and nearly all were unaware of any official position of their denomination on the issue.” Finally, focus group participants were skeptical that if unauthorized immigrants were given a path to citizenship, they would “‘put their whole being’ into being here” (Public Religion Research Institute 2010).
It remains to be seen whether the November 2012 elections, in which Latinos and other immigrant minorities supported President Obama in record numbers, making a difference in key swing states such as Colorado, Nevada, Virginia, and Florida, will lead to a shift in public opinion toward immigration reform and, particularly, toward unauthorized immigrants. Certainly, many high-profile Republicans who were proponents of an enforcement-only policy have called for a new approach that does not automatically criminalize and demonize unauthorized immigrants and does not reduce the complex challenges of legalization to the emotionally charged word amnesty. Furthermore, exit polls from the November 2012 elections indicated a shift among U.S. voters toward greater support for comprehensive immigration reform, with 65 percent of American voters (and 51 percent of Republican voters) supporting a path to legal status, rather than deportation, for most unauthorized immigrants.21 Giving voice to the changing climate, former President George W. Bush, whose efforts at immigration reform in 2007 were scuttled by fierce resistance from rank-and-file Republicans, stated that “[a]s our nation debates the proper course of action relating to immigration … I hope we do so with a benevolent spirit and keep in mind the contributions of immigrants.” He continued, “not only do immigrants help build our economy, they invigorate our soul” (Preston Reference Preston2012b).
FBOs can seize the current movement of self-reflection, changing the perceptions of those in the pews not only by facilitating awareness of and engagement with the official statements of their respective denominations, but also by offering the opportunity for face-to-face encounter between immigrants and the native born.
Faith-Based Organizations and the Transformative Power of Encounter
Surveys and statements by national religious organizations do not always capture the crucial work that FBOs do on the ground. Particularly in regions of the country most hostile to unauthorized immigrants, religious congregations are emerging as safe and morally inflected spaces where immigrants and the native born can encounter each other, learning about each other’s histories, yearnings, and dreams and building deep, affective bonds (Marquardt et al. Reference Marquardt, Steigenga, Williams and Vasquez2011).22
St. Thomas the Apostle Catholic Church located in Cobb County, Georgia, one of the most notoriously antiimmigrant regions of the Southeast, is a case in point. Between 2000 and 2007, as the area surrounding the church experienced significant demographic shifts, St. Thomas transitioned from being a majority white American parish to being a parish in which 43 percent of members were Latino immigrants – largely of Mexican origin, and largely unauthorized. Initially, many longtime members of the parish and parish staff expressed frustration and disappointment with their church’s extraordinary growth and diversification. Expressing this frustration in a 2007 focus group interview with members of the parish staff, one asked: “How do you become one St. Thomas the Apostle Catholic Church when within the walls are two faith communities that don’t just not [sic] speak the same language, but we almost have a different understanding of our faith life?”
Shortly after this interview, a small group of volunteers at the church contacted the offices of the Catholic Archdiocese of Atlanta, seeking assistance to address the growing tensions between the church’s Spanish-speaking and English-speaking congregations, and to overcome the misunderstandings that many members of the English-speaking congregation had about unauthorized immigration. Archdiocesan representatives suggested, as a first step, a series of meetings in which information could be shared and in which immigrants and the native born could gather around tables and get to know one another.
As the pastor of the church explained, the goal of the events was “first, to help us to respond as a gospel people, to be who we call ourselves to be. But I think it’s also … introducing a venue or opportunity to … change some of their thinking.” Their strategy was simple. One member explained,
We decided the way to get people together is to get them to spend time together…. I think on the American side, education is very important because people have all this misinformation and all these reasons to hate the other, all this information that dehumanizes immigrants – that doesn’t consider the root causes of immigration, poverty, the effects that America has had on these other countries. So the education part is the first part. The other thing we need to do is…. we knew friendship is important and we wanted to work together. To get people in small groups to sit down and get the perspectives of the Americans on their piece of the truth, and get the perspectives of the immigrants on their piece of the truth…. So, you know, you have to widen your view by looking through other people’s eyes…. That was really, kind of the first seed that started. (Marquardt et al. Reference Marquardt, Steigenga, Williams and Vasquez2011: 195)
Using the materials provided by the Justice for Immigrants campaign, the parish held a series of informational meetings, and the Spanish-speaking and English-speaking members of the parish began to develop friendships and build common projects at the church.
Travelers Together, the program they initiated around tables in the social hall of the church, has developed a model for addressing tension and conflict, not only within the church, but also in the county and the nation, as participants are encouraged to become involved in political advocacy campaigns for comprehensive immigration reform. While some participants in the program have resisted the “conversion of heart” advocated by the church’s pastor, most have responded positively to the campaign, and the outcome has been several innovative initiatives, including an annual Holy Week Pilgrimage for Immigrants attended by several hundred members of the Church. The simple act of building friendships between unauthorized immigrants and citizens, across boundaries of class, ethnicity, and citizenship, tends to foster a deeper awareness of the theological and scriptural underpinnings of official statements by religious leaders; a willingness and desire to understand the U.S. immigration system; and the motivation to take public action and advocate for comprehensive immigration reform.
Conclusion
As the struggle to repeal HB 56 in Alabama demonstrates, FBOs often function as key spaces for sociopolitical mobilization around the issue of immigration. Particularly in the U.S. South, where many of the most draconian laws aimed at unauthorized immigrants have been passed, churches have the moral standing, social trust, and institutional memory of struggles for justice that enable them to bring together activists from all walks of life, including nonreligious actors. Religious leaders have also produced a series of eloquent and moving statements in favor of immigration reform and a path to citizenship for unauthorized immigrants. These statements are challenging the construction of the category of illegality as a sharp boundary that separates righteous citizens from law-breaking aliens. They do so by offering alternative visions of an inclusive, just, and compassionate community based on Christian, Jewish, and Muslim moral values, as well as on the shared values of a nation that has made immigration central to its identity.
There have been clear gaps and tensions between these high-profile statements and the concerns and hostility of the rank-and-file faithful. Undoubtedly, these tensions and gaps have limited the transformative role that FBOs can play. Yet, by introducing moral and spiritual grammars into the conversation about immigration reform and unauthorized migration in particular, FBOs are changing the tenor of the public debate, which has hitherto been characterized by dehumanizing stereotypes and harsh and polarizing rhetoric. They are challenging, and in the case of Alabama, helping to overturn laws that could have a detrimental effect on those living in the United States without papers.
On the ground, as the case of St. Thomas the Apostle in Georgia shows, some churches are also creating unique spaces within which face-to-face encounters can take place – encounters between immigrants and established communities that have the potential to transcend the polarizing discourses. By allowing immigrants and the native born to recognize each other as complex persons, with common desires, needs, and dreams, rather than as faceless stereotypes, congregations may gradually transform hostility and encourage understanding, empathy, and mutual respect.
Future Research
We should not overestimate the role of FBOs in the postelections prospects for a comprehensive immigration reform. That these prospects have improved dramatically is more the result of changes in the political landscape, themselves part and parcel of a more diverse America. Nevertheless, more sustained research has to be undertaken on the multiple roles that FBOs play in processes of migrant integration and legalization, from transforming public discourse and building grassroots local or national coalitions for political advocacy to challenging existing enforcement strategies and offering practical, psychological, and spiritual support to individual migrants at various stages of their journey. In which ways can FBOs most effectively support unauthorized immigrants as discussions of comprehensive immigration reform take place at federal and state levels in the coming presidential term? Can FBOs, rather than just reacting to existing laws and their consequences, translate their face-to-face encounters with immigrants into moral frameworks that can proactively shape legislation as it is being formed?
The adoption of DACA shows that activism that draws inspiration, tactics, and material resources from FBOs can make a significant difference. A coalition of clergy, law enforcement officials, and business leaders, self-described as “Bibles, badges and business,” has emerged as a bulwark against conservative forces that may seek to derail efforts to pursue immigration reform (Preston Reference Preston2012b). As spaces of civic engagement and intercultural encounter, FBOs will continue to play important roles in shaping the tenor of debate and in producing moral grammars and ethical frameworks. These can inform a new immigration system that responds not only to the challenges of America’s evolving place in the world but also to its historical values.
References
1 De Genova notes, however, that this system characterized as “broken” by almost all serves dominant business interests well (see De Genova, Chapter 2).
2 For a similar argument in relation to the role played by faith communities in refugee resettlement in the United States, see Eby et al. (Reference Eby, Iverson, Smyers and Kekic2011).
3 The DREAM Act is a piece of federal legislation that would legalize the immigration status of several million undocumented youth in the United States.
4 See http://www.whitehouse.gov/the-press-office/2012/06/15/remarks-president-immigration (accessed December 7, 2012).
5 See Preston (Reference Preston2012a). On faith-based immigration activism, see Slessarev-Jamir (Reference Slessarev-Jamir2011), Daniel (Reference Daniel2010), Carroll (2008), Groody and Campese (Reference Groody and Campese2008), and Zwick and Zwick (Reference Zwick and Zwick2010).
6 Quoted in Breslin (Reference Breslin2009: 215).
7 The affirmation that no human being is illegal served as a powerful rallying cry during the massive demonstrations in favor of immigration reform in the spring of 2006 (Voss and Bloemraad 2011).
8 The original Sanctuary Movement was an interfaith network in the 1980s that opposed the Reagan administration’s policies in Central America, particularly in El Salvador and Guatemala (Golden and McConnell Reference Golden and McConnell1986). Drawing inspiration from the original movement, the New Sanctuary Movement emerged out of a meeting on January 29, 2007, in Washington, DC, which brought together representatives from eighteen cities, twelve religious traditions, and seven denominational and interdenominational organizations. See http://www.newsanctuarymovement.org/the-convening.htm (accessed January 16, 2012).
9 For more on Catholic social teaching and human rights in relation to migration, see Battistella (Reference Battistella, Groody and Campese2008) and Tomasi (Reference Tomasi and Hollenbach2010).
10 According to “Faith on the Move,” a report by the Pew Research Center, “[a]n estimated 214 million people – about 3% of the world’s population – have migrated across international borders as of 2010.” Only 9 percent of these immigrants reported no religious affiliation. See http://www.pewforum.org/Geography/Religious-Migration-exec.aspx (accessed December 2, 2012).
11 For more on migrants as agents who draw on religion in a range of ways, see Fiddian-Qasmiyeh and Qasmiyeh (Reference Fiddian-Qasmiyeh and Qasmiyeh2010), Hagan (Reference Hagan2008), Marquardt (Reference Marquardt and Leonard2005), Levitt (Reference Levitt2008), and Bonifacio and Angeles (Reference Bonifacio and Angeles2010).
12 See http://rac.org/Articles/index.cfm?id=1848&pge_prg_id=15242&pge_id=2423 (accessed January 16, 2012).
13 See http://www.wiesenthal.com/site/apps/nlnet/content2.aspx?c=lsKWLbPJLnF&b=5711859&ct=8212211 (accessed January 16, 2012).
14 Arizona Rabbis to Governor: Repeal Anti-Immigrant Law. See http://rac.org/PrintItem/index.cfm?id=21399&type=Articles (accessed January 16, 2012).
15 See http://www.isna.net/articles/Press-Releases/ISNA-Joins-Interfaith-Partners-to-Support-DREAM-Act.aspx (accessed January 16, 2012).
16 For an article beginning to explore immigration through an interfaith perspective, see Snyder et al. (Reference Snyder, Kassam, Rowlands, Massoumi, Garnett and Harrisforthcoming).
17 For an argument contesting the idea that borders are divinely ordained, see Bretherton (Reference Bretherton2010).
18 See Utah’s New Immigration Law: A Model for America? Available at http://www.npr.org/2011/03/18/134626178/utahs-new-immigration-law-a-model-for-america (accessed November 4, 2011). The bill is currently tied up in court.
19 See Snyder (Reference Snyder2012) for a discussion of these two biblical and theological strands that emanate from differing ecologies of fear or faith.
20 The survey does not consider the impact of racial discrimination on these opinions. As Bill Ong Hing (Chapter 15) rightly argues, further examination is needed on the connection between racism and attitudes on immigration.
21 See Craighill (Reference Craighill2012).
22 On the role of FBOs in creating “bridging social capital,” see Furbey et al. (2006) and Sager (Reference Furbey2010).