Cardinal speaks for charity and justice
Apr 04, 2006
It was simple and direct. "Denying aid to a fellow human being violates a law with a higher authority than Congress - the Law of God." By Leo Sandon.
(Tallahassee Democrat, March 31 2006) So the cardinal archbishop of Los Angeles, Roger Mahony, declared in a New York Times op-ed piece March 22. Having previously raised eyebrows by stating he would instruct priests to disobey any law subjecting lay workers and them to criminal penalties for performing their humanitarian mission, he then clarified his position in no uncertain terms.
Mahony was responding to a border-security bill that would make more than 11 million illegal immigrants felons under federal criminal law - with no provision for them to obtain legal status. The bill also stipulates that anyone who assists an undocumented immigrant can incur a five-year prison sentence.
Mahony insists that minor humanitarian assistance should not be a crime. Not allowing church workers to offer a meal or administer first aid to someone in need is draconian to the point of being immoral. Even if it's legal.
So the cardinal is authorizing civil disobedience should the House bill, in its present form, become law. In so doing he stands in a religious tradition that includes this sometimes necessary Christian judgment: "We must obey God rather than any human authority." (Acts 5:29) One sometimes has a moral responsibility to disobey unjust laws.
Religious folk, of course, have no monopoly on such acts of conscience. Civil disobedience is a notion with an honorable lineage that includes Socrates, participants in the Boston Tea Party and Henry David Thoreau.
But Mahony does not stop with taking a firm stand against what he considers harmful legislation. He goes on to argue for comprehensive reform of the immigration system.
He states that the church does not support illegal immigration, a situation that serves neither the immigrant nor the common good. Rather, the church advocates the creation of structures for legal migration and the legal status of immigrant workers. He laments that workers often are exploited by employers, even as they work in industries vital to our economy, yet "have little legal protection and no opportunity to contribute fully to our nation."
Monday, the Senate Judiciary Committee came up with a bipartisan proposal that seems to measure up to the scope and nature of the system the archbishop envisions: legalizing the status of undocumented residents; establishing a track toward eventual citizenship if the immigrant meets the requirements of regular employment, passes a criminal background check, learns English and pays fines and back taxes; and allowing approximately 400,000 foreigners to immigrate to the U.S. each year as temporary workers and ultimately granting them citizenship.
If Congress musters the courage to take action on the immigration problem this year, the legislation will be some form of compromise between the House bill and the Senate committee's proposal, between hard-nosed border control and comprehensive reform. This week we've seen how polarized the nation is over immigration policy. We are awash in argument.
Among the calmer and more constructive voices, Cardinal Mahony spoke early in behalf of both charity and justice. His comments evidence an appreciation for the complexity of the issue that nevertheless does not shrink from taking a reasoned position.
He speaks from a venerable Roman Catholic tradition of social justice rooted in Thomas Aquinas and St. Augustine, ultimately in the eighth-century Hebrew prophets. And he speaks from an American Catholicism that traditionally champions the interests of immigrant workers. He is more interested in fairness and opportunity than "increasing penalties" and "erecting walls along our border with Mexico."
The cardinal archbishop has reminded us that law and order exist to support justice.
Cardinal speaks for charity and justice