The Catholic Diocese of Paterson, New Jersey has sued the federal government, alleging that new immigration procedures infringe upon constitutional and religious freedoms.
At a Glance
- The Catholic Diocese of Paterson and five priests have filed a lawsuit against three federal agencies over changes in immigration procedures affecting foreign-born clergy.
- The lawsuit was filed in the U.S. District Court of New Jersey and names the Department of State, DHS, and U.S. Citizenship and Immigration Services as defendants.
- The procedural change in March 2023 extended the waiting period for religious workers seeking permanent residency, creating a backlog.
- The lawsuit claims the change violates the Religious Freedom Restoration Act and the Administrative Procedure Act.
- The lawsuit seeks to revert to the previous method of processing religious worker green cards or to find alternative solutions.
Catholic Diocese Legal Challenge
The Catholic Diocese of Paterson, New Jersey and five of its priests have filed a lawsuit against the Department of State, Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services. This lawsuit filed in the U.S. District Court of New Jersey challenges changes in immigration procedures impacting foreign-born clergy. The Diocese argues that the procedural shift will force clergy to leave the country, disrupting religious activities and infringing upon religious freedoms.
Procedural changes in March 2023 have extended waiting periods for religious workers seeking permanent residency, thereby creating a backlog. The new protocol has worsened an already tenuous situation, pushing approval times for green cards to stretch over three-and-a-half years, with some projections extending up to 15 years. Such delays are causing significant anxiety among religious workers and the communities they serve.
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Impact on Religious Freedom
The lawsuit also claims the procedural change violates the Religious Freedom Restoration Act and the Administrative Procedure Act. If the court rules in favor of the Diocese, the previous method for processing religious worker green cards will be reinstated or new alternatives will be introduced to prevent clergy from being forced to leave the United States. Bishop Kevin Sweeney of the Paterson Diocese has voiced concern over how these delays disrupt the spiritual lives of many Americans.
“This isn’t just about bureaucratic red tape. We’re talking about disrupting the spiritual lives of hundreds of thousands of faithful Americans,” said Sweeney.
Many American dioceses have agreements with foreign dioceses to bring in seminarians, priests, and nuns from countries like Poland, the Philippines, and Nigeria. The U.S. government typically classifies most foreign religious workers under R-1 visas, allowing them to work in the U.S. for up to five years. The backlog has made it difficult for these workers to obtain permanent residency, thus negatively affecting their ministries and associated social services.
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Wider Religious Impacts
The reclassification of certain humanitarian visa applicants has led to a surge in the queue for employment-based green cards, significantly extending wait times. Religious organizations across various denominations, including Protestant, Buddhist, and Islamic communities, are feeling the brunt of these changes. Furthermore, religious workers often receive minimal compensation and serve in roles that are difficult to fill with U.S.-born candidates.
“Our priests feel we’re doing the best we can,” said Bishop Kevin Sweeney, whose dioceses covers 400,000 Catholics and 107 parishes in three New Jersey counties.
With current backlog estimates for green card approvals standing at over three-and-a-half years and some projections reaching up to 15 years, religious organizations are lobbying Congress and the Biden administration to address this pressing issue. Proposed administrative changes include allowing job changes without losing queue positions for green cards and reducing the required time outside the U.S. after visa expiration.
Religious workers already feeling the strain have been forced to leave the U.S., severely impacting their missions and the communities they serve. The Catholic Diocese of Paterson’s lawsuit aims to bring attention to these critical issues, invoking the need for immediate and effective solutions to uphold religious freedoms and ensure the continued spiritual support of millions of Americans.
