Catholic Diocese Files Lawsuit Against US Government to Protect Foreign-Born Priests from Potential Deportation

For more than a year, religious organizations have lobbied Congress and the Biden administration to fix a sudden procedural change in how the government processes green cards for religious workers, which threatens the ability of thousands of them to continue to minister in the United States.

The Catholic Diocese of Paterson, New Jersey, and five of its priests whose legal status in the United States expires as soon as next spring, have now sued the federal agencies overseeing immigration. They argue that the change “will cause severe and substantial disruption to the lives and religious freedoms” of the priests as well as the hundreds of thousands of Catholics they serve.

“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.

Paterson is the first diocese to bring this suit against the Department of State, Department of Homeland Security and the U.S. Citizenship and Immigration Services, said Raymond Lahoud, its attorney in the lawsuit.

But “there is a buzz out there” among similarly impacted religious groups, Lahoud added, because of how reliant many are on foreign-born clergy who build strong ties in their U.S. parishes.

“It’s so disruptive,” said Bishop Mark Seitz, who chairs the committee on migration for the U.S. Conference of Catholic Bishops. The group has advocated for legislative and administrative fixes because the newly extralong delays in green card processing are “ not sustainable.”

In his own border diocese of El Paso, Texas, Seitz is facing the possibility of losing priests whose permanent residency cases now have little chance to be approved before their visas expire. The law mandates them to leave the United States for at least a year.

“One is pastor of a large, growing parish. Now I’m supposed to send him away for a year, put him on ice, as it were — and somehow provide Masses?” Seitz said.

To deal with a shortage of religious workers that has worsened in recent decades, American dioceses have long had agreements with foreign dioceses to bring in seminarians, priests and nuns from places as different as Poland, the Philippines and Nigeria, said the Rev. Thomas Gaunt of Georgetown University’s Center for Applied Research in the Apostolate.

Most other faith denominations from Buddhism to Islam to Pentecostal Christians also recruit foreign-born clergy, for reasons ranging from the need to minister to growing non-English-speaking congregations to specialized training at foreign institutions steeped in a religion’s history.

Most such “religious workers,” in the U.S. government’s definition, come under temporary visas called R-1, which allow them to work in the United States for five years. That used to be plenty enough for an organization to assess if the clergy were in fact a good fit and then petition for permanent resident status — known as green cards — for them under a special category called EB-4.