The issue of immigration reform continues to stymie politicians at the national level, and to be a matter of honest disagreement at the grassroots.
But in Oklahoma, the legislature has pushed through some of the toughest rules in the nation opposing illegal immigration, and some religious leaders are concerned about the impact the new law could have on their ministry with the poor and dispossessed. And even stricter legislation will be up for consideration in the state early in 2008.
Dave Lewis is pastor of United Church in Shawnee, Okla., a town of about 40,000 a half-hour east of Oklahoma City. He’s one of a number of clergy and others who have spoken out against the new legislation — an interfaith group including Protestants and Roman Catholics, Quakers, Buddhists, and a Muslim imam.
Lewis calls the new law “the first step in the wrong direction,” because “it’s criminalizing folks who want to help these people.”
At issue is a new law, which went into effect in November 2007 and often is referred to as House Bill 1804 or the Oklahoma Citizens and Taxpayer Act of 2007. It was passed overwhelmingly by the Oklahoma legislature and makes it a felony to knowingly shelter or transport illegal immigrants.
Other states are watching what’s happening in Oklahoma and considering similar legislation. Carol Helm, the founder of Immigration Reform for Oklahoma Now — a group that supports H.B. 1804 — has said she’s been in contact with citizen groups in Kansas, Nebraska, Montana, California, Alabama. and New Jersey, and knows of efforts in at least half a dozen other states to consider immigration reform as well.
The Oklahoma legislation makes it a felony to knowingly harbor or transport an illegal alien, and sets up barriers to hiring illegal immigrants. As of Nov. 1, 2007, it requires people to provide proof of citizenship to obtain some government benefits, such as drivers’ licenses or government identification cards or public assistance. It requires employers who contract or subcontract with the state to check the immigration status of all workers beginning July 1, 2008.
It also would allow a U.S. citizen to file a suit for discrimination if that worker were laid off while his or her employer kept on an illegal immigrant as an employee.
And law enforcement agencies in Oklahoma are supposed to check the immigration status of people they arrest.
Some say there already has been a flow of illegal aliens leaving Oklahoma, concerned about the impact of the new requirements. Both representatives of the state homebuilders association and the hotel industry, for example, told the Associated Press that employers in their fields are having trouble finding workers.
Republican state Rep. Randy Terrill, who sponsored H.B. 1804, is considering introducing even stricter legislation some are calling “son of H.B. 1804″ when the state legislature goes into session again early in 2008. Some possibilities he has discussed for that legislation: making English the official language of Oklahoma and denying citizenship to the children of illegal immigrants born in the United States.
Some faith-based groups, however, are concerned that even H.B. 1804 as it stands now will limit their ability to minister to those in need — and that any additional legislation could make it even harder.
On Nov. 13, the Baptist General Convention of Oklahoma passed a resolution stating that ministry would not be withheld from illegal immigrants. The resolution states that the convention doesn’t support or oppose H.B. 1804, but will continue to minister to all.
“While we as Christians are under biblical mandate to respect the divine institution of government and its laws, let it be known that House Bill 1804 related to illegal immigration will not change our ministry to any people,” the resolution states.
“We will continue to work with all of our churches and missions to accomplish this task” of ministry, the resolution continued. “While we do not intentionally harbor or employ illegal immigrants in our work, neither do we screen or profile individuals before we minister to them in the name of Jesus.”
The Roman Catholic bishop of Tulsa, Edward J. Slattery, issued a pastoral letter on Nov. 26 with the title “The Suffering Faces of the Poor are the Suffering Face of Christ” (“Los rostros sufrientes de los pobres son el rostro sufriente de Cristo.”)
Slattery’s pastoral letter says Catholic programs should be open to all, regardless of their legal status.
Slattery has said during a news conference that H.B. 1804 likely is unconstitutionally vague and could be struck down by the federal courts, although U.S. District Court Judge James Payne of the Northern District of Oklahoma in October dismissed a challenge by the National Coalition of Latino Clergy and Christian Leaders, saying they did not have standing to sue because they had not suffered injury from the law. The Coalition has announced plans to file another action.
Lewis, the Presbyterian pastor from Shawnee, said he’s been particularly offended by some of the language used in the immigration policy debate in Oklahoma — including using the term “anchor baby” to describe a child born in the United States to illegal immigrants
And he wonders how far enforcement of the law could extend. His congregation, for example, offers a community meal each month — open to all. Could they be accused of harboring illegal immigrants if some of those who came to eat were undocumented?
“What do I do, do I go up to them and say, ‘Can I see your documents before I give you free spaghetti?'” Lewis asked. “It negates Matthew 25, where Jesus says, ‘What you do for the least of these, you do for me.’ “
Lance Schmitz, pastor of First Church of the Nazarene in Oklahoma City, has been one of the leaders of the religious opposition to H.B. 1804. He’s been involved with prayer vigils and leading groups of religious leaders to deliver pledges of resistance to state officials, and considers the new legislation to be “an immoral and an unjust law.”
Schmitz said religious and humanitarian groups are concerned that the language in the law is vague enough that they aren’t sure how far they can go in doing ministry with people who might be in the United States illegally.
And he contends that the legislation “seems to disregard the inherent, innate dignity that all humanity possesses.”
The debate over H.B. 1804 is “a very complicated discussion,” Schmitz said. “I’ve never seen this much diversity come together on this kind of issue. Now there are the people who say ‘It’s the law of the land, and we should abide by it.’ But there is definitely a groundswell of ecumenical and interfaith efforts to stand in defiance of this law.”
Peggy Garrett-Selfridge is director of Presbyterian Urban Mission, the social service agency of Indian Nations Presbytery, which provides food, clothing, and emergency assistance to people who need help, and works with at-risk children in the summers and after school.
Garrett-Selfridge said her agency does screen each family it works with, to determine the level of need, but does not ask for proof of immigration status.
“We’re not going to ask for your green card,” Garrett-Selfridge said. “If you’re here and you can document the need, we will serve.”
Garrett-Selfridge said she suspects that as government agencies become more restrictive about whom they can serve, more people needing help will turn to church and nonprofit charitable groups for assistance. And she’s already seen more fear among those who come for help about what questions they’ll be asked.
“The concern is, where do you draw the line?” she said. “Are you only going to help people who were born here, or have gone through the whole system and gotten their citizenship? Or do you help everyone who needs it?”
There is consensus that reform of immigration law is needed — “I think everybody agrees on that,” Garrett-Selfridge said.
But figuring out how to do that — what’s fair and what’s unjust — is proving challenging in Oklahoma and across the land.
