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The Intercommunity Center for Justice and Peace ("ICJP"), an organization of forty-one Roman Catholic orders, appeals from an October 27, 1989 judgment of the United States District Court for the Eastern District of New York (Glasser, J.), dismissing the complaint in this action for failure to state a claim upon which relief may be granted. In the complaint, the ICJP and six individual Roman Catholic nuns joined as plaintiffs alleged that their religious beliefs prevent them from complying with the employer verification and sanctions provisions of the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a (1988) (the "Act"). The plaintiffs sought a judgment declaring that they are exempt from the Act and enjoining defendants from enforcing the Act as it applies to them on the ground that such enforcement would violate the free exercise clause of the first amendment. On appeal, the ICJP pursues the free exercise claim and also contends that, absent an explicit statement of intent by Congress, the Act may not be applied to ICJP members because it raises serious establishment clause questions.

For the reasons that follow, we affirm.


910 F.2d 42 (1990)

INTERCOMMUNITY CENTER FOR JUSTICE AND PEACE, Sister Marie Donaher, Sister Clare Nolan, Sister Monica McGloin, Sister Joanna Ohlandt, Sister Dale McDonald, Sister Pat Jelly, Plaintiffs, Intercommunity Center for Justice and Peace, Plaintiff-Appellant,


IMMIGRATION AND NATURALIZATION SERVICE, Charles Sava, in his official capacity as Director of Immigration and Naturalization Service, Alan C. Nelson, in his official capacity as Commissioner of Immigration and Naturalization Service, Richard L. Thornburgh, in his capacity as Attorney General of the U.S., and Immigration and Naturalization Service, an agency of the Department of Justice, Defendants-Appellees.

No. 1095, Docket 89-6260. United States Court of Appeals, Second Circuit.

Argued March 26, 1990.

Decided July 27, 1990.

New York Law School location: File #958, Box #125