In a significant legal move, the Southeastern Synod of the Evangelical Lutheran Church in America (ELCA) has initiated a lawsuit against the state of Tennessee, challenging a controversial law that criminalizes providing shelter to individuals who have entered the country illegally. This lawsuit has sparked a nationwide conversation about the intersection of faith, immigration, and civil rights.
The lawsuit, filed in the U.S. District Court for the Middle District of Tennessee, positions the ELCA Southeastern Synod as the lead plaintiff alongside two individuals closely connected to undocumented immigrants. The law in question, signed by Governor Bill Lee in May, categorizes the act of sheltering undocumented individuals as "human smuggling," which has raised serious concerns among religious groups and civil rights advocates.
The ELCA argues that their ministry, which includes providing shelter and support to those in need, is an expression of their faith and a fundamental aspect of their religious practice. The lawsuit states, "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."
Represented by The Institute for Constitutional Advocacy and Protection at Georgetown Law, the American Immigration Council, and the Tennessee Immigrant and Refugee Rights Coalition, the plaintiffs assert that the law not only violates constitutional rights but also creates an environment of fear and confusion. Elizabeth Cruikshank, senior counsel at ICAP, emphasized, "This law is not just harmful; it’s unconstitutional. Immigration enforcement is a responsibility of the federal government, not something that states can pick up and weaponize however they choose."
The law, known as Senate Bill 392, was passed with overwhelming support in both the Tennessee House of Representatives and Senate. It imposes severe penalties for those found guilty of harboring undocumented individuals, classifying it as a Class E felony with potential imprisonment and hefty fines. The measure also includes provisions that specifically target individuals who conceal or assist undocumented persons, further complicating the landscape for faith-based organizations that provide humanitarian aid.
Supporters of the law, including its sponsors, argue that it is necessary to combat human trafficking and protect public safety. Rep. Chris Todd, one of the bill’s authors, stated, "The human smuggling industry exploits vulnerable individuals and poses a serious threat to national security." He expressed gratitude to Governor Lee and his colleagues for supporting the measure, framing it as a step towards a safer Tennessee.
This legal battle is not occurring in a vacuum. In 2019, the ELCA Churchwide Assembly passed a resolution declaring the denomination a "sanctuary church" for migrants, including those who may be undocumented. This decision was met with mixed reactions, as some delegates cautioned against disregarding the rule of law. Delegate David Tindell from Wisconsin remarked, "The rule of law is clear when it comes to immigration. We must be mindful of that."
As the lawsuit unfolds, it has the potential to set important precedents regarding the rights of religious organizations to provide assistance to vulnerable populations. The outcome could have far-reaching implications not only for the ELCA but for all faith-based organizations engaged in similar ministries across the United States.
For those interested in following the developments of this case, updates can be found through reputable sources such as the American Immigration Council and the Institute for Constitutional Advocacy and Protection. The intersection of faith and law continues to be a pressing issue in our society, and this lawsuit is poised to be a pivotal moment in that ongoing dialogue.