Immigration Article of the Day: First Amendment Defenses to Alien Transportation Crimes First Amendment Defenses to Alien Transportation Crimes by Charquia Wright
First Amendment Defenses to Alien Transportation Crimes by Charquia Wright, 32 William & Mary Bill of Rights Journal (2024)
ABSTRACT
Florida law now prohibits the transportation of undocumented aliens into the state. Briefings characterize these laws as unconstitutionally preempting federal immigration law and federal due process rights. Despite this emphasis on due process, field, and conflict preemption unconstitutionality, few have addressed the First Amendment implications of human smuggling prosecutions of natural and some corporate persons. The Supreme Court’s Free Exercise precedent protects the religious freedoms of natural persons and some corporations. Under state alien transportation laws, these freedoms cease to exist. Because the Supreme Court has extended these religious protections to some corporations, they too are entitled to First Amendment protection from transportation crimes when religious principles motivated such crimes.
KJ