A coalition of Catholic churches in New Jersey have sued the Biden administration over changes to visa regulations.
The Roman Catholic Diocese of Patterson filed a lawsuit in district court against the U.S. Departments of State, Homeland Security, and Citizenship and Immigration Services over changes to visa procedures for religious workers. The churches say the changes could impact the immigration status of five foreign-born priests in the diocese. The clergy members’ visas are set to expire over the next two years.
In March of 2023, the federal government altered the Immigration and Nationality Act so that visa applications from Guatemala, Honduras and El Salvador minors were considered alongside visa applications from religious workers. The federal government did not raise the number of annual visas allotted for the application category. Religious workers typically receive R-1 visas. They can reside and work in the United States for five years before applying for permanent residency.
According to the plaintiffs, the clergy members were not given “proper notice” of the changes to the law and the potential loss of their visas threatens their ability to “carry out their religious and spiritual vocation.”
“The abrupt shift in the calculation of visa availability and sudden enforcement of that agency action imposes substantial burdens on plaintiffs," stated lawyers for the diocese in the 55-page complaint, per The Center Square. “Plaintiffs will necessarily be deprived of their ability to engage in their religious vocation in the United States and will face significant undue disruption, cost, and delay relating to their respective immigration matters.”
Catholic bishops urged Congress to reverse the rule changes, stressing the lengthy wait period.
Bishop of El Paso Mark Seitz wrote to Congress on behalf of the U.S. Conference of Catholic Bishops Committee on Migration in July of 2023. He urged lawmakers to support the Protect Vulnerable Immigrant Youth Act (S. 1885/H.R. 4285).
In his letter, the bishop wrote:This simple bill would significantly improve access to permanent legal status for eligible youth who now find themselves subject to a years-long visa backlog, unable to receive the protections they are due, by exempting them from the annual caps for the employment-based, fourth preference (EB-4) visa category. It would simultaneously free up those limited visas for foreign-born religious workers and others who rely upon them to serve American communities. Therefore, with this small change, you could uphold the right to religious exercise, a foundational American principle, and empower vulnerable young people to flourish in their new country, contribute to our nation, and reach their full God-given potential…
Religious workers provide innumerable services to American communities, including culturally competent religious instruction and rituals, as well as direct social services to those in need, usually without regard for the faith of those served. Unfortunately, the current situation violates both Congress’ intent to provide religious organizations and our communities with needed workers and its express desire to protect vulnerable immigrant youth.
The Catholic Church in America has relied on foreign-born priests and religious sisters to fill gaps caused by vocational shortages. According to the National Catholic Reporter, at least 24 percent of priests serving in America are foreign-born. At least 15 percent of that group was ordained in another country.
