A synod of the Evangelical Lutheran Church in America (ELCA) has filed a lawsuit against the state of Tennessee over a recently enacted law that prohibits individuals from providing shelter to those who entered the country illegally.
The ELCA Southeastern Synod is the lead plaintiff in the case, which was filed last week in the U.S. District Court for the Middle District of Tennessee. Two individuals with close connections to undocumented immigrants have joined as co-plaintiffs.
The lawsuit challenges a law signed by Governor Bill Lee in May, which, among other provisions, bars people from giving shelter to anyone who illegally entered the U.S., labeling it ‘human smuggling.’”
“The Synod and its churches, pastors, staff, and congregations provide a number of ministries, including shelter, to people regardless of their immigration status, and they do so as an expression of their faith,” the lawsuit reads.
It continues, “By burdening these religious practices without substantial justification, and by excepting certain secular activities but not comparable religious activities, [the law] impermissibly infringes on the Synod’s First Amendment rights to religious exercise and association.”
The law, known as Senate Bill 392 or House Bill 0322, makes human smuggling a Class E felony, punishable by at least one year of imprisonment and a fine of up to $3,000.
It specifically states that “if a person transports at least 10 adults or at least five minors 'for the purpose of commercial advantage or private financial gain, with the intent to conceal the individuals from a law enforcement officer or a federal immigration officer, while knowing the persons 18 or older or minors have illegally entered or remained in the United States,’” it constitutes a felony.
The law also makes “harboring or hiding, or assisting others in harboring or hiding, within this state an individual who the person knows or should have known has illegally entered or remained in the United States” a “Class A misdemeanor,” punishable by a fine of $1,000 for each individual concealed.
An amendment added before passage further clarifies that the offense of “human smuggling” includes instances when a person purposely “conceals, harbors, or shields from detection, or intentionally encourages or induces another to conceal, harbor, or shield from detection, an individual that the person knows has illegally entered or remained in the United States.”
The law provides specific exemptions, including “when an attorney licensed and admitted to the practice of law in this state” provides legal advice to an undocumented individual, or when an entity offers “healthcare services or assistance to an individual presenting at a healthcare facility licensed in this state, or at the office or practice site of a licensed healthcare provider.”
The lawsuit references a 2019 resolution passed by the ELCA Churchwide Assembly in Milwaukee, Wisconsin, which declared the entire denomination a “sanctuary church” for migrants, including those who entered the U.S. illegally.
