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What can churches do legally to help illegal immigrants?

NewsABPnews  |  February 2, 2005

Q. Can a church get in trouble for helping an undocumented immigrant?

A. It depends on the kind of help offered. A church is free to provide basic benevolence services — food, clothing, shelter and medical help — to anyone.

Q. Is a church obligated to ask about anyone's immigration status?

A. Normally, the only time a church needs to ask is before hiring someone.

Q. Is there ever a time when a church would be required to determine someone's immigration status before providing basic benevolence?

A. If a church receives government funds for its community benevolence program, the government might require recipients to present legal identification.

Q. Is a pastor or church leader under any legal obligation to report an undocumented immigrant?

A. No.

Q. Can a church get in trouble for employing an undocumented immigrant?

A. Yes. And employment extends beyond church staff positions. If a church provides benevolence ministry to an undocumented immigrant and he or she offers to mow the yard, paint a room or perform some other service for the church in gratitude, that can present a legal problem.

Q. Can a church help people fill out forms and help them with immigration issues?

A. Yes, but it is advisable to obtain expert advice from an attorney who specializes in immigration law.

Source: Baptist General Convention of Texas immigration task force.

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