Religious Organizations Sue US Government over Green Card Processing Changes
ICARO Media Group
Religious organizations, including the Catholic Diocese of Paterson in New Jersey, have taken legal action against the federal agencies responsible for immigration, following a sudden procedural change in the processing of green cards for religious workers. The change poses a threat to the ability of thousands of religious workers to continue their ministry in the United States.
The Catholic Diocese of Paterson, along with five of its priests whose legal status is set to expire as early as next spring, filed a lawsuit against the Department of State, Department of Homeland Security, and the U.S. Citizenship and Immigration Services. In their lawsuit, they argue that the change will cause "severe and substantial disruption to the lives and religious freedoms" of the affected priests and the hundreds of thousands of Catholics they serve.
According to Raymond Lahoud, the attorney representing the Paterson diocese, although this is the first diocese to file a suit against the federal agencies, there is growing concern among other religious groups facing similar issues. Many religious organizations heavily rely on foreign-born clergy who have built strong connections within their U.S. parishes.
The delay in green card processing has created significant disruptions within the religious community. Bishop Mark Seitz, who chairs the committee on migration for the U.S. Conference of Catholic Bishops, expressed his worries about potentially losing priests in his border diocese of El Paso, Texas. The current delays make it unlikely for their permanent residency cases to be approved before their visas expire, forcing them to leave the country for a year as mandated by the law.
Religious organizations have long relied on agreements with foreign dioceses to bring in seminarians, priests, and nuns from various countries. These religious workers mostly come to the United States on temporary visas called R-1, which allow them to work for five years. Previously, this period was deemed sufficient for religious organizations to assess the suitability of the clergy and initiate the process of obtaining green cards for them under the EB-4 category.
However, a recent procedural change by the State Department added religious workers to the general queue, causing a backlog that currently exceeds 3.5 years and is projected to grow substantially. The increased waiting time for green cards may take anywhere from 10 to 15 years, creating an untenable situation for religious workers who seek long-term solutions.
The religious workers' group of the American Immigration Lawyers Association, in collaboration with the bishops' conference and other organizations, has been advocating for both legislative and administrative fixes. These include allowing applicants to change ministry jobs without losing their place in the green card queue and reducing the required time spent outside the United States after visa expiration.
While most organizations are hopeful that the Biden administration will address these concerns, they are also aware of the challenges surrounding immigration reform. The current options for employment visas and green cards are arduous and expensive, making them inaccessible to many clergy members.
As the lawsuit proceeds, religious organizations across the country are anxiously waiting for potential changes that would allow religious workers to continue their vital work without the fear of disruption or separation from their congregations. The outcome of the legal action could have far-reaching implications for the religious communities' ability to fulfill their missions in the United States.