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Cardinal Roger Mahony of the Roman Catholic Archdiocese of Los Angeles, the nation's largest, urged parishioners on Ash Wednesday to devote the 40 days of Lent to fasting, prayer and reflection on the need for humane reform of immigration laws. If current efforts in Congress make it a felony to shield or offer support to illegal immigrants, Cardinal Mahony said, he will instruct his priests — and faithful lay Catholics — to defy the law.

The cardinal's focus of concern is H.R. 4437, a bill sponsored by James Sensenbrenner Jr. of Wisconsin and Peter King of New York. This grab bag legislation, which was recently passed by the House, would expand the definition of "alien smuggling" in a way that could theoretically include working in a soup kitchen, driving a friend to a bus stop or caring for a neighbor's baby. Similar language appears in legislation being considered by the Senate this week.

The enormous influx of illegal immigrants and the lack of a coherent federal policy to handle it have prompted a jumble of responses by state and local governments, stirred the passions of the nativist fringe, and reinforced anxieties since 9/11. Cardinal Mahony's defiance adds a moral dimension to what has largely been a debate about politics and economics. "As his disciples, we are called to attend to the last, littlest, lowest and least in society and in the church," he said.

The cardinal is right to argue that the government has no place criminalizing the charitable impulses of private institutions like his, whose mission is to help people with no questions asked. The Los Angeles Archdiocese, like other religious organizations across the country, runs a vast network of social service programs offering food and emergency shelter, child care, aid to immigrants and refugees, counseling services, and computer and job training. Through Catholic Charities and local parishes, the church is frequently the help of last resort for illegal immigrants in need. It should not be made an arm of the immigration police as well.

Cardinal Mahony's declaration of solidarity with illegal immigrants, for whom Lent is every day, is a startling call to civil disobedience, as courageous as it is timely. We hope it forestalls the day when works of mercy become a federal crime.
Googling for H.R. 4437 went to http://thomas.loc.gov - and yes, this bill defines Alien Smuggling to include:
`SEC. 274. (a) Criminal Offenses and Penalties-

`(1) PROHIBITED ACTIVITIES- Whoever--

`(A) assists, encourages, directs, or induces a person to come to or enter the United States, or to attempt to come to or enter the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to or enter the United States;

`(B) assists, encourages, directs, or induces a person to come to or enter the United States at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, regardless of whether such person has official permission or lawful authority to be in the United States, knowing or in reckless disregard of the fact that such person is an alien;

`(C) assists, encourages, directs, or induces a person to reside in or remain in the United States, or to attempt to reside in or remain in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in or remain in the United States;

`(D) transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, where the transportation or movement will aid or further in any manner the person's illegal entry into or illegal presence in the United States;


`(E) harbors, conceals, or shields from detection a person in the United States knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States;

`(F) transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from one country to another or on the high seas, under circumstances in which the person is in fact seeking to enter the United States without official permission or lawful authority; or

`(G) conspires or attempts to commit any of the preceding acts,
The penalties include imprisonment, fines, and seizure and forfeiture of "[a]ny property, real or personal, that has been used to commit or facilitate the commission of a violation of this section". Hm.

I'm sure that some will say "oh, they won't enforce it that strictly". No; they'll enforce it more strictly if you help someone brown. Or if you have property they want to seize. So really, if you want to keep your car, be sure to check the passport of anyone who rides in it. And if you're having someone over to dinner, don't forget to check their passport. And for God's sake don't offer first aid to anyone without their passport 'cause saving someone's life would definitely mean they will "reside in or remain in the United States", if only for a few days...

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