Following Laws of the Land vs. Compassion for Illegal Immigrants
The relationship between observing the laws of the land and demonstrating compassion for immigrants, particularly those without legal status, involves navigating various ethical and theological considerations. Biblical texts and subsequent theological traditions offer perspectives that emphasize both adherence to established laws and the humane treatment of foreigners.
In the Old Testament, the Law frequently addresses the treatment of sojourners or aliens. Exodus 12:49 states, "one law is to a native, and to a sojourner who is sojourning in your midst" [1]. Similarly, Numbers 15:29 reiterates that "For the native among the ⌞Israelites⌟ and the alien that dwells in their midst, there will be one law for anyone who commits an unintentional wrong" [2]. These passages suggest a principle of equal legal standing for both native-born citizens and resident aliens within the community. John Gill, commenting on Leviticus 19:34, notes that a "stranger that dwelleth with you shall be unto you as one born among you," especially if they are a proselyte of righteousness, enjoying the same civil and religious privileges. He further emphasizes the command to "love him as thyself," drawing a parallel to Israel's own experience as strangers in Egypt [9].
Maimonides, in the Mishneh Torah, defines a "resident alien" as a gentile who commits not to worship false deities and to observe the other six universal laws commanded to Noah's descendants. Such individuals are permitted to dwell among the Jewish people in Eretz Yisrael [5]. This highlights a framework where certain conditions for residency are established, yet once met, the alien is integrated into the community's legal and social fabric.
Christian theological traditions also grapple with these themes. Thomas Aquinas, in his Summa Theologica, discusses judicial precepts regarding foreigners, noting that the Law provided suitable precepts for both peaceful and hostile relations. He identifies three opportunities for peaceful relations: foreigners passing through, those coming to dwell as newcomers, and those who wished to be admitted to the community fully [6]. This suggests a nuanced approach to different categories of foreigners.
While the Bible and theological traditions emphasize the importance of law, they also underscore compassion. Proverbs 28:4 states that "Those who forsake the law praise the wicked; but those who keep the law contend with them" [3], and Proverbs 13:15 notes that "the way of transgressors is hard" [4]. However, this adherence to law is often balanced with calls for mercy and understanding. Augustine, in his Confessions, discusses the concept of fault and misdemeanor, implying a need for discernment in how offenses are weighed [10]. Hippolytus and Cyprian, in the Ante-Nicene Fathers, emphasize the hope of pardon and mercy, even for those who have erred [8].
The tension between strict legal adherence and compassionate treatment is a recurring theme. While civil laws are to be respected, as Charles Hodge notes in his Systematic Theology, the separation of Church and State in some contexts means that religious institutions should not be enforced by civil laws, and citizens have equal rights irrespective of religious opinions [7]. This suggests that while laws are important, they should not necessarily override fundamental principles of justice and human dignity.
Sources
- Exodus “Exodus 12:49 (YLT) — one law is to a native, and to a sojourner who is sojourning in your midst.'”
- Numbers “Numbers 15:29 (LEB) — For the native among the ⌞Israelites⌟ and the alien that dwells in their midst, there will be one law for anyone who commits an unintentional wrong.”
- Proverbs “Those who forsake the law praise the wicked; but those who keep the law contend with them. -- Proverbs 28:4”
- King James Version “[KJV] Proverbs 13:15 — Good understanding giveth favour: but the way of transgressors is hard.”
- Mishneh Torah (Maimonides) (Jewish (Rabbinic)) “Mishneh Torah (Maimonides), Mishneh Torah%2C Forbidden Intercourse 14:7: What is meant by a resident alien? A gentile who makes a commitment not to worship false deities and to observe the other [six] universal laws commanded to Noah's descendants. He does not circumcise himself or immerse. We accept this commitment and he is considered one of the pious gentiles. Why is he called a resident? Because we are permitted to allow him to dwell among us in Eretz Yisrael , as explained in Hilchot Avodah Zarah . 18 See Hilchot Avodat Kochavim 10:6 which states that in an era when the Jews have undisput”
- theology (Catholic (Scholastic)) “Aquinas, Summa Theologica, First Part of the Second Part (Prima Secundae), Of the Reason for the Judicial Precepts, Art. 3: Article: Whether the judicial precepts regarding foreigners were framed in a suitable manner? I answer that, Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both ”
- CCEL (Reformed (Old Princeton)) “Charles Hodge, Systematic Theology, Vol. 3, section 46: there is in the United States an entire separation of the Church and State, it is contrary to the genius of our institutions, that the observance of any religious institution should be enforced by civil laws. It is further objected that as all citizens have equal rights irrespective of their religious opinions, it is an infringement of those rights if one class of the people are required to conform their conduct to the religious opinions of another class. Why should Jews, Mohammedans, or infidels be required to respect the Christian Sabba”
- Schaff ANF/NPNF (Patristic) “ANF Vol 5: Hippolytus, Cyprian, Caius, Novatian — THAT THE HOPE OF PARDON SHOULD NOT BE DENIED TO THE LAPSED. (part 7): had previously foretold as about to deny Him, when he had denied Him, He did not deny, but sustained; and He Himself soothed him when subsequently bitterly bewailing his denial. 9. What sort of folly is thine, Novatian, only to read what tends to the destruction of salvation, and to pass by what tends to mercy, when Scripture cries, and says, "Repent, ye who err: be converted in heart;"[10] and when the same prophet also exhorts, and says, "Be ”
- Leviticus (Baptist/Reformed) “John Gill on Leviticus 19:34: But a stranger that dwelleth with you shall be unto you as one born among you,.... Especially if a proselyte of righteousness; for then he enjoyed the same privileges, civil and religious, the Israelites did, for there was one law for them both, Exo 12:49, and thou shalt love him as thyself; and show it by doing all the good things for him they would have done for themselves in like circumstances: for ye were strangers in the land of Egypt: and therefore knew what hardships such were exposed unto; and it became them to put on bowels of compassion, and show pit”
- Schaff ANF/NPNF (Patristic) “NPNF1 Vol 1: Augustine — Confessions, Letters — CHAP. IV. -- 12. But since you said that all religions by diverse roads and pathways aspire to that one dwelling-place, I fear lest, perchance, while supposing that the way in which you are now found (part 2): equally a fault, but you say "it is reckoned a misdemeanour." But the question here is not whether this also is reckoned a misdemeanour, but whether this offence and the others which you mentioned are faults equal in demerit, unless, of course, they are to be pronounced equal because they are both offences; in which case the mouse and the ”