Catholic Diocese Sues Three US Government Departments

The Catholic Diocese of Paterson, New Jersey, and five of its priests have filed a lawsuit against three federal agencies, citing concerns over recent changes in immigration procedures that threaten the status of foreign-born clergy serving in the United States, the Associated Press reported on Saturday.

The legal action, filed in the U.S. District Court of New Jersey, names the Department of State, Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services as defendants. The five priests’, who are part of the lawsuit, legal status expires as soon as next spring, according to the AP.

The lawsuit stems from a procedural shift implemented in March 2023 that significantly extended the waiting period for religious workers seeking permanent residency, commonly known as green cards. This change has created a backlog that could potentially force thousands of those foreign-born priests and religious workers to leave the U.S. when their temporary visas expire.

Arguing that the sudden change in procedure violates the Religious Freedom Restoration Act and the Administrative Procedure Act, the lawsuit seeks to compel the government to revert to its previous method of processing religious worker green cards or to implement alternative solutions that would prevent the mass exodus of clergy.

To combat a shortage of religious workers within the Catholic Church, many American diocese have held long-standing agreements with foreign dioceses to invite seminarians, priests and nuns from places around the world like Poland, the Philippines and Nigeria to work in communities around the nation.

Newsweek has contacted the Department of State, DHS, and the U.S. Citizenship and Immigration Services via email and online form on Saturday for comment. Newsweek also contacted the Diocese of New Jersey via online form on Saturday for further comment.

The U.S. government classifies most foreign religious workers under R-1 visas, allowing them to work in the country for up to five years. This timeframe typically sufficed for organizations to evaluate clergy fit and apply for their permanent residency, or green cards, through the EB-4 special immigrant category, the AP reported.

Congress sets annual limits on green cards for various categories, including employment-based and family-sponsored immigrants. Waiting periods for these visas fluctuate based on the disparity between demand and availability within each category.

Bishop Kevin Sweeney of the Paterson Diocese, which serves approximately 400,000 Catholics across 107 parishes, expressed deep concern over the situation during a public press conference announcing the lawsuit. “This isn’t just about bureaucratic red tape. We’re talking about disrupting the spiritual lives of hundreds of thousands of faithful Americans,” he stated.

The crux of the issue lies in the reclassification of certain humanitarian visa applicants, which has led to an unexpected surge in the general queue for employment-based green cards. As a result, religious workers who previously faced a manageable wait time now find themselves in a line that could stretch for a decade or more.

Immigration attorneys specializing in religious worker cases estimate that the current backlog stands at over three-and-a-half-years, with some projecting wait times of up to 15 years for green card approvals. This extended timeline poses a significant problem for religious organizations that rely heavily on foreign-born clergy to serve their communities.

Religious organizations across denominations have been grappling with this issue since the change was implemented. Protestant denominations, Buddhist temples, and Islamic centers across the country also rely on foreign-born religious leaders to serve growing immigrant populations and fill gaps in American-born clergy.

Unlike other employment-based visas, religious workers often receive minimal compensation and serve in roles that are difficult to fill with U.S.-born candidates. As the lawsuit progresses, religious organizations nationwide are watching closely, hoping for a resolution that will allow them to continue their ministries without interruption.