by Michael Peterson

The Murphy Institute together with the School of Law Federalist Society chapter co-sponsored the March 29 program “Is God Undocumented? A Look at Immigration Foundations, Justice, and Reform” featuring Michael Scaperlanda, Professor Emeritus of Law and Chancellor for the Archdiocese of Oklahoma City and Virgil Wiebe, Professor of Law and Director of the St. Thomas Immigration Clinic. Scaperlanda and Wiebe explored immigration policy in the United States from its beginnings to present day, discussing the neo-scholastic theological and philosophical foundations of immigration policy which underwent a series of unbalanced interpretations by the Supreme Court and other governing bodies resulting in the current broken system that oftentimes causes more harm than good. Additionally, they proposed reform at both the state and federal levels needed to bring justice to the immigration system of this country and better serve those in its care.

Scaperlanda began by speaking about the Chinese Exclusion Act. Scaperlanda argued that the United States’ exclusion of migrants did not stem from Constitutional principles, but rather from the “law of nations”. He mused about whether the “law of nations” really does give states the right to restrict immigration. Further, he pondered what Catholic social teaching says about the right of states to ban migrants. Scaperlanda concluded that, while the Supreme Court at one time considered the United State’s right to exclude immigrants as absolute, he is more convinced by scholars positing that states have a qualified right to exclude migrants, and that people have an absolute right to emigrate. He concluded his opening remarks by stating that wealthier nations, including the United States, have a greater obligation to accept immigrants.

Professor Wiebe followed. His opening remarks briefly expounded his faith-based Mennonite principles regarding immigration. Wiebe argued that Christ himself was undocumented—he had no place to lay his head, and his kingdom was not of this world. Wiebe explained that we, likewise, are all temporary residents of this world. Wiebe reminded the crowd that we might do well to practice the hospitality shown by Abraham in Genesis 19, where Abraham welcomed in three strangers. God himself, stated Wiebe, is in the corner of the oppressed. Leviticus 19, for instance, warns us not to oppress the alien, but rather to treat him as one of our own. Wiebe, like Scaperlanda, ended his opening remarks by stating that the United States is the most powerful nation in the world and might profitably reflect on the ways it has gained power through displacement.

Scaperlanda, in rebuttal, claimed that the immigration system is “broken” and offered a three-pronged solution. First, he recommended that the United Stated offer some path to citizenship to people who have built a life here. “Is ‘amnesty’ a dirty word?” he wondered. Second, he proposed closing the border to undocumented migrants. He seemed skeptical of building a wall along the border. “If I was in Mexico, and the United States built a wall, I would invest in the boat-building business!” he laughed. Third, Scaperlanda suggested building a good legal system for undocumented workers.

Wiebe then returned with his rebuttal. He urged the audience to “shift gears” and “consider the reality on the ground”. Arguing that the “chances of some sort of comprehensive reform in the next two years are zero, he showed the audience some charts and graphs explaining the United States’ attitude toward immigration. He showed a map of “sanctuary” cities, counties, and States, explaining that individual jurisdictions, apart from federal immigration laws, can offer extra protections for migrants. He showed a map of States that give aid for undocumented college students. (Minnesota began doing so in 2013). He showed another map of the 19 States in which undocumented folks can obtain drivers’ licenses. (Minnesota joined the ranks of these States in 2023). “And, with that,” Wiebe announced, “we are ready for questions!”.

To the question “How do you reconcile refusal to allow due process to undocumented aliens with the Constitution?” Professor Wiebe answered frankly, “I don’t.” Laughter from the crowd.

“What is the best way,” wondered the final questioner, “of solving the problem of everyone fighting for limited resources?”.

“I think the only way we can do this is in backyard barbecues,” answered Scaperlanda. “The tension gets diffused over a beer.”

Wiebe smiled. “Where’s my beer?” he asked.

A recording of this program is available in the Murphy Institute video archive.

Michael Peterson is a Murphy Scholar and 2L at the University of St. Thomas School of Law.