Southeastern Synod of the Evangelical Lutheran Church in America v. Finney

Litigation Content

ICAP, in partnership with the American Immigration Council (AIC) and the Tennessee Immigrant and Refugee Rights Coalition (TIRRC), is challenging the constitutionality of a Tennessee law that criminalizes the harboring of undocumented immigrants, regardless of intent to conceal, if the person doing the harboring receives some financial benefit. This state law extends far beyond the federal law criminalizing the harboring of noncitizens by defining “harbor” as “to provide shelter,” which could make it a crime for a landlord to rent an apartment to a noncitizen or a church to host noncitizens for worship, gatherings, or other services if the church accepts donations for those ministries.

We represent the Southeastern Synod of the Evangelical Lutheran Church in America, which is composed of 160 congregations across various states in the South, as well as a local landlord and a Tennessee parent. We argue that the law is unconstitutional because immigration regulation in this area is reserved for the federal government, leaving no room for states to operate, and the vague terms of the law make it impossible for an ordinary person to know what conduct is criminal. We have sued every district attorney general in Tennessee and are seeking a permanent injunction prohibiting enforcement of the law.


More of our cases

Welty v. Dunaway

ICAP represented Tennessee state representative Aftyn Behn and family law attorney Rachel Welty in a constitutional challenge to a state law that criminalizes "recruiting" a minor to obtain an abortion, even an abortion that occurs legally outside Tennessee.

Status

Decision issued

Court

6th Circuit No. 24-5968 / 25-5738 / 25-5739

View

State of Indiana ex rel. Rokita v. Marté

ICAP is defending Monroe County Sheriff Ruben Marté and the Monroe County Sheriff’s Office against a lawsuit brought by the Indiana Attorney General alleging that the Sheriff must amend his immigration policy to allow for greater involvement of officers in immigration enforcement.

Status

Ongoing Litigation

Court

Monroe County Circuit Court No. 53COG-2407-PL-001733

View

CASA v. Trump (2025)

ICAP represents a class of people for whom President Trump attempted to deny birthright citizenship by Executive Order.

Status

Interim Decision

Court

U.S. Supreme Court No. 24A884

4th Circuit No. 25-1153 / 21-2188

D. Md. No. 25-00021

View

U.S. v. 14.259 Acres of Land in Doña Ana County, New Mexico

ICAP represents the Catholic Diocese of Las Cruces, New Mexico, in defending against the United States Government’s efforts to exercise its power of eminent domain to take Diocesan property for the purpose of building a border wall that is contrary to Catholic values and teachings on the holy site, Mount Cristo Rey.

Status

Ongoing Litigation

Court

D. N.M. No. 2:26-cv-01458-KG-GBW

View
See all cases