LCMS Convention Workbook St. Louis, Missouri — 2013, Page 372

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372

THEOLOGICAL DOCUMENTS­­—COMMISSION ON THEOLOGY AND CHURCH RELATIONS
Christians who strongly support immigrant rights may feel that they are justified in vilifying those who disagree. Undocumented immigrants themselves
might believe they have no need to repent for disregarding the law or refusing
to acknowledge the necessity of decent and orderly processes of governance.
Finally, Lutheran theology can be misused in a way that obscures the
Gospel. A strong rule of law stance without an equally strong concern for the
proclamation of the Gospel and the work of mercy among immigrants can
lead immigrants to see Lutherans as Christians who do not practice what
they preach. Moreover, a persistent insistence on the need for undocumented
immigrants to repent of their sin of breaking the law, without an equal insistence on the need for repentance for all who benefit directly or indirectly from
their labors, makes the church look hypocritical and thus like a church whose
Gospel message cannot be trusted.

V. Responding to Immigration Concerns:
Some Guidelines for Church Workers
These guidelines address a few of the many questions that may be raised
by church workers and others in ministries involving immigrant populations. As of the time of this writing, the guidelines appear to be consistent
with current immigration law. However, given the rapidly changing nature
of immigration law, the reader should not construe these guidelines as legal
advice. Church workers are always encouraged to seek legal counsel in their
own state.
1.
2.

All of this reminds us of the struggle of Christian life in a fallen world. Our
sin is ever before us (Ps 51:3) and our whole life remains one of repentance.92
The Gospel’s absolution is constantly needed both for our obvious sins and for
the many times when we see no recourse other than to choose what appears to
be “the lesser of two evils.” None of this shakes our confidence in God’s word
of forgiveness, even as we seek again and again to do better.

3.

We must all acknowledge that we do fail to help some neighbor and we
do not fulfill all that the law demands of us. We all sin in various ways as we
seek to fulfill our vocations in the left- and right-hand realms and kingdoms.93
Therefore, in what is one of the most complex and debated issues of our time,
the Gospel, by means of confession and absolution, must be brought to bear
continually as Christians engage in conversations about what is best for various neighbors and attempt to better carry out their vocations responsibly and
in good conscience for the sake of these neighbors—including immigrants
among us.

4.

5.

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A church worker may proclaim the Gospel and teach God’s Word
to immigrants regardless of their legal status. One may incorporate
immigrants into the life and membership of the congregation.
One may also incorporate immigrants into the life of the parochial
school. One may give undocumented immigrants and their children
access to a Christian education in Lutheran schools, colleges, and
seminaries of the church. There is no federal law that prohibits the
admission of undocumented immigrants to private, not-for-profit,
educational institutions of the church.
One may offer assistance to immigrants through the church’s
ministries of relief and mercy regardless of their legal status.94 One
may assist the needy with food, clothing, shelter, medical assistance,
and childcare. One may assist Lutheran churches in other countries
from which undocumented immigrants come so that their church
leaders might reach out to them with the Gospel and care for them
through ministries of mercy in order that they might find paid and
dignified work to support their families.
One may help immigrants gain legal status in the country. One
may seek the advice of lawyers and advocacy groups to reunite
families separated through enforcement of immigration laws, or to
seek asylum for those individuals or families for whom there is a
reasonable fear of death or persecution upon return to the country
of origin.
A church worker is not required to investigate the legal status of
immigrants attending the local congregation or parochial school.
One is not required to report undocumented attendees to state
authorities.95 Potential situations such as the following may
constitute government intrusion into the church’s work of spiritual

Martin Luther, AE 31:25.

93
Althaus states, “…[W]e cannot fulfill any vocation without being involved in sin. Here
again it is very important that all Christian ethos is ethos under justification. This is particularly
true of our vocation, whatever that may be. Thus the work that we do in our vocation cannot
be acceptable apart from the certainty that our sins are forgiven. No matter how impossible it
is to avoid sins in our station and vocation because of our sinful nature, however, our station as
such remains pure and holy because it is established through God’s word.” Althaus, The Ethics
of Martin Luther, 41.

94
“It is lawful to provide human care to a person who lacks documentation.” Lutheran Immigration & Refugee Service (LIRS), Bible Study Guide: People on the Move • New Neighbors • Much
to Give (Baltimore, Maryland), 7. The Bible Study Guide is part of a set of materials titled Be Not
Afraid: Resources for Congregations & Immigrant Families Fractured by Fear, and is available online
at http://lirs.org/wp-content/uploads/2012/05/BNAMANUALBIBLESTUDY.pdf.
95

“You are not required to report someone who lacks documentation.” Ibid.

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6.

7.

8.

care: the presence at worship of enforcement personnel looking for
undocumented persons; the use of church property by enforcement
personnel to stage a raid; a demand made to clergy by enforcement
personnel to disclose information about members whose legal
status has been disclosed to the pastor in the context of confession
and absolution. The church is not the government and is not
expected to engage in law enforcement activities. At the same time,
one must encourage and help undocumented members of the body
of Christ to fulfill the law in every way possible. In assisting them,
one must also be prepared to exercise a good measure of patience in
what can become a long, complex, and expensive process towards
legalization.96
One must not give undocumented immigrants paid employment
at the church or school unless they are legally authorized to be
employed in the United States. One may involve them in the life
of the congregation on a legitimate volunteer basis (e.g., people
serving as elders, musicians, assistant liturgists, or in outreach to
the community).
A pastor must not share with civil authorities privileged and
confidential information given to him by an undocumented
immigrant member of the congregation in the context of confession
and absolution or spiritual counseling. This includes the person’s
immigration status. The general principle that a pastor is not to
divulge sins confessed to him so as not to break the ordination
vow applies. Moreover, even in the broader context of pastoral
care in the right-hand realm, the same general principle of
confidentiality may apply since the undocumented member does
not see or approach his pastor as any individual citizen in the lefthand realm but specifically as his pastor in the right-hand realm.97
The scope of the clergy/penitent privilege varies from state to state,
so it is important to seek legal counsel if there is a question whether
privilege applies to a particular communication.
If an undocumented immigrant is involved in criminal activities
that actually put people’s lives in danger, there is probable cause
for calling the authorities to check into and deal with the threat. In
such situations, however, the immediate issue is not the question
of legal status per se but the life-endangering activities of the
individual. Situations that may require contacting the authorities
include knowledge of criminal activities such as terrorism, bulk
cash smuggling/financial crimes, human smuggling, gang-related

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9.

crime, weapons smuggling, child exploitation/pornography,
narcotics smuggling, human trafficking (forced labor/slavery),
and employment/exploitation of unlawful workers.98 In such cases
where sharing vital information may help to save life, the principle
of Christian love for the neediest neighbor applies.
In providing humanitarian assistance to undocumented immigrants,
one must be careful not to transport them across the border into
the U.S. One must not deal with “coyotes” (smugglers) and other
criminal elements who ask for one’s help to bring people across the
border. Also, one must not willingly hide or conceal information
from government authorities concerning immigrants who are in
the U.S. illegally when specifically asked to share such information
by investigating authorities. Concealing information from civil
authorities is particularly problematic if, whether one knows it
or not, an immigrant has a criminal record. One should always
seek legal advice, especially when one finds oneself in potentially
ambiguous legal situations.

96
“It is not lawful to help someone avoid compliance with immigration law, such as an order
of deportation.” Ibid. (see n. 41 above).
97
See CTCR, The Pastor–Penitent Relationship: Privileged Communications (1999); available online at http://www.lcms.org/Document.fdoc?src=lcm&id=412.

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2013 Convention Workbook

98
For further examples of criminal activity or violations that may put others’ lives at risk, see
http://www.ice.gov/exec/forms/hsi-tips/tips.asp.

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