Trump seems likely to be re-elected president and he will certainly return to his support for religious freedom and is promising a harsh crackdown on immigrants.  This combination leads one to think about people protecting migrants due to their religious convictions and offering sanctuary. The idea of churches serving as sanctuary from the state was developed in Western Europe during the Middle Ages and is a part of Western culture. Of course, even if the Democrats win, they seem inclined to take a harsher stance on immigration.

Sanctuary is morally appealing when it is granted to protect a person from injustice on the part of the state. Judging who is worthy of sanctuary (as with any moral assessment) can be complicated, but the basic principle is clear enough. If our country’s immigration policies and practices are  unjust, I believe that immigrants who have committed no other crimes would be worthy of sanctuary. Since they typically lack the resources to defend themselves, church sanctuary can provide them with the protection they need to make their case and seek justice. Even if sanctuary proves ineffective for a particular immigrant, the granting of sanctuary can make a moral and political statement that might influence public perception. As a practical matter, the effectiveness of sanctuary depends on the reluctance of the state to use force to remove people. This reluctance might be grounded in many things, ranging from the power of the institution to the negative public reaction that might result from violating sanctuary. 

While the notion of sanctuary does enjoy the support of tradition, it could be argued that churches should not be be allowed a special exemption from the enforcement of the law. It should not matter whether migrants are seeking shelter in a church, a Starbuck or a private home. Law enforcement officials should be able to arrest and remove them because they are, by definition, breaking the law. This view is grounded on the idea that all institutions, religious or not, fall under the laws of the state and are not to be granted special exemptions. But, if exemptions from laws were granted to religious institutions in other areas, then this could be used to justify an exemption for sanctuary. 

In the United States religious institutions enjoy special exemptions from taxes and some laws. For example, the Catholic Church is not subject to certain anti-discrimination lawsuits despite restricting certain jobs to men. As another example, there is also an exemption for religious employers regarding coverage of contraceptive services. There has also been a push for new religious liberty laws that are aimed mainly at allowing people to discriminate against same-sex couples on religious grounds. Such laws grant exemptions based on religion and the arguments used to defend them could, in many cases, be pressed into service as arguments in favor of granting sanctuary to illegal immigrants. For example, if it is argued that exceptions to anti-discrimination laws should be granted to churches and businesses because of religious beliefs about gender and sex, then it would be challenging to argue that an exception to immigration laws should not be granted to churches because of religious beliefs.

The obvious challenge in using the religious liberty and exemption arguments to justify sanctuary is showing that the situations are analogous. This is super easy to do. Christians who oppose same-sex marriage usually cite Leviticus, but Exodus 22:21 is quite clear about how strangers should be treated: “Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt.” Scholars also point to Matthew 25, especially Matthew 25:40 when justifying granting sanctuary to immigrants: “And the King will answer and say to them, ‘Truly I say to you, to the extent that you did it to one of these brothers of Mine, even the least of them, you did it to Me.’” As such, granting churches a sanctuary exemption to immigration laws seems at least as well founded as other cases of religious liberty. From a moral standpoint, an exemption for sanctuary would seem superior to exemptions for discrimination, for it is better to help people than to discriminate against them.

A way to counter this reasoning is to argue that there should not be religious exemptions to laws. While this would argue against a religious exemption to immigration laws, it would also apply to all other exemptions and is thus not an option for those who support those other exemptions. Since many of those who are anti-migrant do favor religious exemptions and religious liberty in general, this option is not open to them in a principled way. Fortunately for them, there seem to be no meaningful consequences for holding inconsistent views.

Another way to object is to contend that while religious exemptions should be allowed in other cases, it should not be allowed for granting sanctuary migrants. One approach would be a utilitarian argument: the harm done by allowing sanctuary would be sufficient to warrant imposing on religious liberty. As I have used this argument myself against “religious liberty” laws that make discrimination legal, I must give such an argument due consideration. So, if it can be shown that granting migrants sanctuary would create more harm than would violating the religious liberty of the sanctuary churches (and the harms done to the migrants) then religious liberty should be violated. But this approach would need to be applied in a consistent manner: those who argue against sanctuary on the grounds of harms must apply the same principle to all religious liberties.

My overall view of the matter is that since Congress and the President have consistently failed to create a just and rational immigration policy, then citizens have the moral right to offer protection to migrants who need protection from injustice. This must be done until our elected officials create a rational, realistic and ethical system. If Trump gets elected, then this will be especially important because his followers seem to  believe in themselves and America first but not that God was serious when He said, “this is my commandment, that you love one another, as I have loved you.”