Cardinal Roger Mahoney, of the Archdiocese of Los Angeles, announced on Ash Wednesday that he would instruct priests of his diocese to disobey a proposed immigration law if it is passed by the Senate.

Rep. Peter King told The Window that Cardinal Mahoney has "trivialized the issue."

The proposed law, HR 4437, Mahoney charges, would force charitable organizations, including those administered by churches, to require legal documentation from immigrants before giving them aid, or face possible arrest and imprisonment.

HR 4437 passed the House on December 17 and is awaiting Senate action.

During Ash Wednesday Mass at the Cathedral of Our Lady of Angels, the Cardinal declared, "The church is not in a position of negotiating the spiritual and the corporal works of mercy."

During a subsequent Spanish-language news conference Mahoney was even bolder, "I would say to all priests, deacons, and members of the Church that we are not going to observe this law." The Cardinal also affirmed that he would be willing to go to jail for defying the law, saying, "Helping people in need are actions that are part of God's mercy."

In an open letter to President Bush, Cardinal Mahoney wrote, "It is staggering for the federal government to stifle our spiritual and pastoral outreach to the poor, and to impose penalties for doing what our faith demands of us."

The bill in question has the support of the White House but was sponsored by co-authors Rep. James Sensenbrenner, Jr. (R-WI) and Rep. Peter King (R-NY). Sensenbrenner is chairman of the House Judiciary Committee; King chairs the House Homeland Security Committee.

Most of the media coverage was centered on Cardinal Mahoney's criticism and call to civil disobedience if the law is signed by the president.

Is Cardinal Mahoney right in saying that HR 4437 would criminalize Catholic social service assistance to undocumented immigrants?

Rep. Peter King, a Catholic from New York, says, "Absolutely not." King continues, "Not a single priest or bishop has contacted me to talk about this bill. They are questioning my good faith and that of Rep. Sensenbrenner. We want to target gangs and smugglers. This law has always been on the books, and no priest, nun, social worker, or volunteer has ever been arrested or will be arrested."

The disputed language of HR 4437 is found in Section #274 defining "alien smuggling." The bill would prohibit activities by anyone who "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."

Rep. Sensenbrenner explained on the O'Reilly Show (March 7) that the terms "assists" and "directs" were being added to existing law by this bill.

At first glance, that language sounds like it could apply to anyone providing the basic needs - food, housing, medical care, clothing - helping undocumented immigrants "reside" in the United States. The word "assists" could be construed to include social services, without some qualifying explanation.

The Window asked Rep. King why the word "assists" was added to the law. "It is my understanding that we added the word "assists" at the request of the Justice Department so we could go after those who issue false ID cards. If those who are concerned about the language have better language to suggest, let them offer it and we will certainly consider it."

King is clearly miffed by the torrent of criticism. Targeting churches and their humanitarian work was never part of the discussion. "At no time during the debate of this bill has anyone ever mentioned churches or their social services."

"Cardinal Mahoney's words," King says, "are almost an encouragement for more illegal immigrants to break the law, to make the mad dash across the border."

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