Five priests and the Catholic Diocese of Paterson, New Jersey, filed a lawsuit on Aug. 8, 2024 against three federal agencies, The Pillar reported.
The lawsuit was filed in the U.S. District Court of New Jersey and named the Department of State, Department of Homeland Security and U.S. Citizenship and Immigration Services as defendants, The Associated Press (AP) reported. The legal statuses of four of the five priests involved in the lawsuit expire in 2025, The Pillar reported. The fifth priest’s legal status reportedly expires in 2026.
The lawsuit stemmed from a procedural change made in March 2023 which substantially lengthened the waiting time for religious workers to obtain permanent residency, or green cards, according to AP. The adjustment resulted in a backlog, potentially requiring thousands of these foreign-born priests and religious workers to depart the U.S. upon the expiration of their temporary visas, AP stated.
Catholic diocese sues U.S. government, worried some foreign-born priests might be forced to leave https://t.co/XbR0JNPt0C
— The Washington Times (@WashTimes) August 31, 2024
“This is an untenable situation,” said Lance Conklin, who co-chairs the religious workers group of the American Immigration Lawyers Association and often represents evangelical pastors, AP reported. “The lawsuit is representative of the way a lot of people feel.” (RELATED: Religious Employees Win $100,000 In Settlement Over Flu Vaccine Mandate)
The situation highlights the ongoing challenge of aligning immigration requirements with the needs of communities and sectors dependent on foreign nationals for specific roles. The potential fixes suggested — such as allowing job flexibility within the green card application process or reducing the mandatory overseas stay after visa expiration — could provide temporary relief to the problem, AP stated.
“We could deal with a month,” Bishop Mark Seitz, who chairs the Committee on Migration for the U.S. Conference of Catholic Bishops, said, in contrast to the current overseas stay requirement of 12 months.
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CASTROVERDE, SPAIN – AUGUST 21 : A pilgrim from Texas looks at the baroque altar inside the church of Vilabade, on August 21, 2024 , Castroverde, Galicia, Spain. (Photo by Xurxo Lobato/Getty Images)
Most organizations are maintaining their current approach, hoping the Biden administration will implement at least these temporary changes, according to AP. Applying for different employment visas and green cards is more difficult and costly, and many clergy members do not meet the qualifications, the outlet reported.
“A lot of religious orders are not wealthy,” Mary O’Leary, a Michigan attorney who represents religious orders, said, AP reported. “They’re not like Microsoft, you can’t go to a business school or computer science school and recruit.”