William & Mary Bill of Rights Journal
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.
Repository Citation
Charquia Wright, First Amendment Defenses to Alien Transportation Crimes, 32 Wm. & Mary Bill Rts. J. 971 (2024), https://scholarship.law.wm.edu/wmborj/vol32/iss4/7Included in
First Amendment Commons, Immigration Law Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
Comments
Part of a collection of essays stemming from the 2024 AALS Hot Topic Program on Judicial Rights and Legislative Equality: The Future of Public Accommodation and the Polycentric Constitution After 303 Creative v. Elenis.