The Catholic Diocese of Paterson, New Jersey, along with five of its priests, has initiated a lawsuit against three federal agencies over changes in immigration policies that jeopardize the status of foreign-born clergy in the U.S., according to a report from the Associated Press on Saturday.
This lawsuit, filed in the U.S. District Court of New Jersey, targets the Department of State, Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services. The legal status of the five priests involved is set to expire by next spring, as reported by AP.
The legal action arises from a procedural shift that began in March 2023, which significantly lengthened the waiting time for religious workers seeking green cards. This adjustment has created a backlog that could compel thousands of foreign-born clergy to depart the U.S. once their temporary visas lapse.
The plaintiffs argue that this abrupt change violates both the Religious Freedom Restoration Act and the Administrative Procedure Act. The lawsuit seeks to urge the government to revert to the prior green card processing method for religious workers or find alternative solutions to avoid a mass departure of clergy.
To address a shortage of religious workers, many U.S. dioceses have established agreements with foreign dioceses, welcoming seminarians, priests, and nuns from countries like Poland, the Philippines, and Nigeria.
Most foreign religious workers hold R-1 visas, allowing them to work in the U.S. for up to five years, which typically provided adequate time for their organizations to assess their fit and pursue permanent residency through the EB-4 special immigrant category, as noted by AP.
Annual green card caps are set by Congress for various categories, including employment-based and family-sponsored visas. Waiting times can vary significantly, depending on the demand versus availability in each category.
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Bishop Kevin Sweeney, who oversees about 400,000 Catholics in 107 parishes within the Paterson Diocese, voiced his grave concerns during a press conference regarding the lawsuit. He remarked, “This isn’t merely about bureaucratic hurdles; it’s about impacting the spiritual lives of countless faithful Americans.”
The main issue stems from the reclassification of certain humanitarian visa applicants, causing an unanticipated increase in the general employment-based green card queue. Consequently, religious workers now face waits that could extend for a decade or more, compared to the more manageable timelines they previously experienced.
Experts in immigration law related to religious work estimate the current backlog exceeds three and a half years, with some forecasting waits of up to 15 years for green card approval. Such delays pose a serious challenge for religious organizations that depend on foreign clergy.
This issue has been affecting religious groups across multiple denominations, as Protestant churches, Buddhist temples, and Islamic centers also rely on foreign-born leaders to support growing immigrant communities and fill gaps in the domestic clergy.
Religious workers typically receive modest compensation and often occupy roles that are tough to fill with U.S.-born candidates. As this lawsuit unfolds, religious organizations nationwide are keeping a close eye on the developments, hoping for a resolution that permits them to continue their essential ministries without disruption.