The Catholic Diocese of Paterson, New Jersey, and five priests filed the lawsuit against three federal agencies on August 8, 2024, according to the Pillar.
of Litigation The lawsuit, filed in U.S. District Court for the District of New Jersey, names the Department of State, the Department of Homeland Security and U.S. Citizenship and Immigration Services as defendants, according to the Associated Press. ReportedThe legal status of four of the five priests involved in the lawsuit expires in 2025, The Pillar reports. ReportedThe fifth priest's legal status reportedly expires in 2026.
The lawsuit stems from procedural changes made in March 2023 that significantly extended the waiting time for religious workers to obtain permanent residency, or green cards, according to the Associated Press. The adjustments have backed up applications and could force thousands of foreign-born priests and religious workers to leave the U.S. when their temporary visas expire, the AP reported.
Catholic dioceses have sued the U.S. government, fearing that foreign-born priests may be forcibly deported. https://t.co/XbR0JNPt0C
— The Washington Times (@WashTimes) August 31, 2024
“This is an intolerable situation,” Lance Conklin, co-chair of the American Immigration Lawyers Association's faith-based group, who often represents evangelical pastors, told The Associated Press. “This lawsuit represents the feelings of a lot of people.” (Related story: Religious leaders win $100,000 settlement over mandatory flu vaccines)
The situation highlights the ongoing challenge of aligning immigration requirements with the needs of communities and sectors that rely on foreign nationals for certain roles. The Associated Press notes that potential solutions that have been proposed, such as allowing job flexibility within the green card application process or shortening overseas stay obligations after a visa expires, could temporarily ease the issue.
Bishop Mark Seitz, chairman of the U.S. Conference of Catholic Bishops' committee on immigration, said “one month is something we can handle,” as opposed to the current 12-month overseas stay requirement.
CASTRO VERDE, SPAIN – AUGUST 21: Pilgrims from Texas look at the baroque altar inside the Vilabade Church in Castro Verde, Galicia, Spain on August 21, 2024. (Photo by Xurxo Lobato/Getty Images)
Most groups plan to stick with their current approach and expect the Biden administration to implement at least these temporary changes, according to the Associated Press. Applying for various work visas and green cards has become more difficult and expensive, and many clergy do not qualify, the news agency reported.
“A lot of religious organizations aren't wealthy,” Mary O'Leary, a Michigan lawyer who represents religious organizations, told The Associated Press. “They can't go to business school or computer science school and recruit like Microsoft can.”