WHITAKER, MUDD, SIMMS, LUKE & WELLS L.L.C.

ATTORNEYS AND COUNSELORS AT LAW 2011 FOURTHA VENUE NORTH BIRMINGHAi ALABAMA 35203 Fedemi Tai Id #26-1495518 (20.5) 639-5300 TELECOPIER (20.5) 639-53.50

jwhitaker(msIa ri4irxm corn

May 10, 2012 Senator Scott Beason Room 726 State House 115 South Union Street Montgomery, Alabama 36130 Re: HB56 Dear Senator Beason: I am writing as general counsel for the Catholic Diocese in Birmingham, on behalf of our diocese, the Archdiocese of Mobile, and the Episcopal and Methodist churches in Alabama all of which opposed HB56 this past year and challenged its implementation against our ministries and all people of faith. We

understand that the religious exemption proposed by Representative Micky Hammon may not make it to the final bill in the Senate and that your competing proposal simply adopts the federal religious exemption without further explanatory language. Senator Beason, this does not provide the protection Alabamas churches and congregants must have to carry out the mission of Christ. The religious exemption to INA Section 274(a)(1)(A)(iii) (Federal Harboring Law) is known by federal immigration experts as the Mormon exemption. However, even Utah, who used this section for their state immigration law, adopted additional, broader language after they understood the limitation in the Federal Harboring Law. Please allow me to explain. In 2005, the Federal Harboring Law was amended to add the following religious exemption (bold emphasis added): (C) It is not a violation of clause[] (iii) of subparagraph (A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of
... ...

Whitaker, Mudd, Simms, Luke & Wells, LLC May 10, 2012 Page Two

room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. The language on its face exempts services that churches or religious nonprofits provide to missionaries or ministers who are unlawfully present. As you may well know, the worldwide Mormon Church requires its young, male church members to perform two-year missions. The law seeks to protect the church itself from prosecution should it send one of its missionaries from another country on a mission within the United States which is a common practice. This exemption, therefore, is woefully insufficient to protect Alabamas faith community from prosecution and persecution under the current draft of the immigration law. It does not protect missionary services rendered by churches or

religious nonprofits to anyone else: it fails to protect food ministries such as soup kitchens; family ministries such as family counseling and foster care; social ministries in communities that care for the poor and vulnerable; ministries related to disaster relief, which could go on for months; it even fails to protect our religious services which feed the soul of the parishioner. Living out our faith is at the heart of who we are as people of faith. Subjecting us to criminal prosecution for living that faith serves no purpose. Sincerely,

,4hn F. Whitaker J FW/j p cc: (all via email transmission) Archbishop Thomas John Rodi Bishop Roberti. Baker Bishop William H. Willimon Reverend Angie Wright Sister Lynn McKenzie Representative Paul DeMarco Augusta S. Dowd, Esq. F. Grey Redditt, Jr., Esq. J. Terrell McElheny, Esq.