Tuesday, July 19, 2011

Missionaries Allowed to be Undocumented

So, you read how it is illegal to transport or harbor a person who is in the United States who shouldn't be here. And, you say, "Wait a minute, doesn't the Church of Jesus Christ of Latter-day Saints send undocumented people on missions?"

I don't know whether the church does send such on missions, other than I have heard some say that it does.

Tonight, I ran across the law that says, in essense, "Send them on missions. We, the federal government allow for that."

There it is, in 8 U.S. Code 1324. First, read the portion that would seem to make it illegal. Then read the portion that says an exception is granted for missionary work. (Source: U.S. Code as quoted online by the Cornell Law School)


1324. Bringing in and harboring certain aliens

(a) Criminal penalties

(1)

(A) Any person who --

(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation . . .

(II) aids or abets the commission of any of the preceding acts,

shall be punished as provided in subparagraph (B). . . .

(B) A

(C) It is not a violation of clauses [1] (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces an alien to come to or enter the United States, 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 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.

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