Document Type

Article

Publication Date

2024

Publication Title

William & Mary Bill of Rights Journal

Publication Title (Abbreviation)

Wm. & Mary Bill Rts. J.

Volume

32

First Page

971

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.

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