[Congressional Record Volume 149, Number 128 (Wednesday, September 17, 2003)]
[House]
[Pages H8293-H8295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          EXTENDING SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2152) to amend the Immigration and Nationality Act to

[[Page H8294]]

extend for an additional 5 years the special immigrant religious worker 
program.
  The Clerk read as follows:

                               H.R. 2152

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF SPECIAL IMMIGRANT RELIGIOUS WORKER 
                   PROGRAM.

       (a) In General.--Section 101(a)(27)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) 
     is amended by striking ``2003,'' each place it appears and 
     inserting ``2008,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2003.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms. 
Jackson-Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 2152, the bill 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I have a rather lengthy statement on this bill which in 
the interest of saving time and allowing the Members to leave 
Washington before the hurricane shuts everything down, I will not read 
extensively. I will insert it into the Record pursuant to the leave 
just granted.
  However, I will say that this bill extends an immigrant visa program 
for religious workers that is set to expire. The current visa program 
allows American religious denominations to sponsor and bring in 
religious workers from overseas for both ministers and non-ministers. 
The program is highly restricted and many religious denominations have 
taken advantage of this program in the years past basically to provide 
additional personnel to do not only their religious work but some of 
their charitable work as well. It is a program that has not been 
abused. It is a program that has been found extremely useful and 
necessary by many of the religious denominations. It is set to expire 
on September 30. The passage of this bill will extend the authority for 
this program an additional 5 years. I urge its adoption.
  Mr. Speaker, the immigrant visa program for religious workers allows 
American religious denominations to benefit from the assistance of both 
ministers and non-minister religious workers from overseas. However, 
the two visa categories authorized under program for non-minister 
religious workers are set to expire at the end of this fiscal year and 
must be extended for these benefits to continue.
  Under the immigrant visa program, an alien (along with spouse and 
children) can qualify for a special immigrant visa if they are a member 
of a religious denomination closely associated with a bona fide 
nonprofit, religious organization in the United States.
  To be eligible, they must seek to enter the United States to serve 
either as a minister or in a religious vocation or occupation at the 
request of the associated organization. Additionally, they are required 
to have been carrying out such work continuously for at least the 
preceding two years.
  The two non-minister religious worker categories were added by the 
1990 immigration act. Because of the fear of fraudulent or excessive 
use of these categories, a maximum of 5,000 visas a year was allowed 
for the two categories. However, the number has stayed well below the 
cap as 1,413 religious workers (and 1,714 spouses and children) 
received these visas in fiscal year 2002.
  The non-minister religious worker categories were originally set to 
expire in 1994. After two extensions, the categories now will lapse on 
October 1st of this year. H.R. 2152, introduced by Representative 
Barney Frank, would extend the special immigrant visas for religious 
workers until October 1, 2008.
  The Judiciary Committee has received a letter signed by organizations 
representing many religious denominations supporting an extension of 
these visas. The letter provided a number of examples of how various 
religious denominations rely on the religious worker visas. For 
example, ``Catholic dioceses rely heavily upon religious sisters, 
brothers, and lay missionaries from abroad. . . . Some fill a growing 
need in the Catholic Church for those called to religious vocations. 
Others provide critical services to local communities in areas 
including religious education, and care for vulnerable populations such 
as elderly, immigrants, refugees, abused and neglected children, 
adolescents and families at risk.''
  In addition, ``Jewish congregations, particularly in remote areas 
with small Jewish communities, rely on rabbis, cantors, kosher 
butchers, Hebrew school teachers, and other religious workers who come 
from abroad through the religious worker program. Without them, many 
Jewish communities would be unable to sustain the institutions and 
practices that are essential to Jewish religious and communal life.''
  And, ``[o]ther religious denominations, such as the Baptist Church, 
the Church of Christ Scientist, the Church of Jesus Christ of Latter 
Day Saints, the Lutheran Church, and the Seventh Day Adventist Church, 
also rely on the visas to bring in non-minister religious workers, who 
. . . work in areas as diverse as teaching in church schools, producing 
religious publications, sustaining prison ministries, training health 
care professionals to provide religiously appropriate health care, and 
performing other work related to a traditional religious function.''
  These visas serve a valuable role and contribute to Americas' vibrant 
religious life. I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. I yield myself such time as I may consume.
  Mr. Speaker, this is a very fine example of the Committee on the 
Judiciary working together in a bipartisan effort on immigration 
policies. Let me thank the chairman of the full committee, the 
gentleman from Wisconsin, and the gentleman from Michigan, the ranking 
member, because most often we have found an opportunity to try and cure 
problems and to work on legislation as relates to immigration in a 
bipartisan way. Let me also thank the gentleman from Massachusetts for 
his persistence. Representing a very diverse district, he was very much 
an advocate, a proponent of this legislation and an author of this 
legislation to extend the opportunities for these very special 
immigrant religious workers. We acknowledged him as he is presiding 
over a hearing, but I do want to indicate to this body that he 
introduced this important legislation and we thank him for doing so.
  This bill is extremely relevant to many of our religious institutions 
and communities. It clearly is an act that has shown the effectiveness 
of using immigrant workers where there is no abuse. It allows religious 
organizations to sponsor both ministers and non-minister religious 
workers from abroad to perform services in the United States. The non-
minister religious workers category includes a variety of occupations, 
such as nuns, religious brothers, cantors, pastoral service workers, 
missionary and religious broadcasters.
  The real aspect of this bill that should be heard is that these 
religious workers provide a very important spiritual function in the 
American community in which they work and live, in addition to 
performing activities in furtherance of a vocation or religious 
occupation often possessing characteristics unique from those found in 
the general labor force. This is not a sidebar step to intrude 
immigrant workers into issues and positions that are not tied to the 
spiritual impact. Historically, religious workers have staffed 
hospitals, orphanages, senior care homes and other charitable 
institutions that provide benefits to society without public funding.
  As the new Department of Homeland Security has come in place, they 
have made sure that religious workers do not include janitors, 
maintenance workers, clerks, fund-raisers, solicitors of donations or 
similar occupations. This is truly a spiritual work. I believe that the 
extension of this legislation will be particularly important.
  The Catholic Church in the United States has heavily utilized this 
program to serve the increasing diversity of its membership which 
includes parishioners from countries throughout the world. Religious 
workers from abroad assist the church here in a variety of ways. They 
come as religious brothers and nuns, counseling members of ethnic 
communities. I think that they have a very important role as relates to 
the existing immigrant community and their responsibilities there have 
been very much utilized by communities to help with the refugee 
community and the immigrant community.

[[Page H8295]]

  As I indicated and in closing, Mr. Speaker, we have been able to work 
together on many issues that deal with immigration policies in the 
Committee on the Judiciary. Let me also hope as we move toward this 
whole issue of dealing with Patriot Act II that we will likewise have 
the opportunity to respond to the needs and concerns of Americans and 
assess the fact that we must balance our civil liberties as we move 
forward to protect this Nation. This is a very fair legislative 
initiative. I again thank the gentleman from Massachusetts.
  Mr. Speaker, thank you for considering this bill, H.R. 2152, To Amend 
the Immigration and Nationality Act to Extend for an Additional 5 Years 
the Special Immigrant Religious Worker Program, and thank you to Mr. 
Frank for having introduced this important legislation. As the Ranking 
Member of the Judiciary Committee's Subcommittee on Immigration and 
Claims this bill has much relevance to my ongoing immigration 
initiatives on a national and constituent-based scale.
  The special immigrant classification of the Immigration and 
Nationality Act (INA) allows religious organizations to sponsor both 
ministers and non-minister religious workers from abroad to perform 
services in the United States. The non-minister religious workers 
category includes a variety of occupations, such as nuns, religious 
brothers, catechists, cantors, pastoral service workers, missionaries, 
and religious broadcasters.
  We consider today legislation that would amend the INA to extend the 
Special Immigrant provisions which otherwise are set to expire on 
October 1, 2003. This bill, H.R. 2152, which I cosponsor and support, 
would extend the special immigrant religious worker program for an 
additional 5 years.
  Religious workers provide a very important spiritual function in the 
American communities in which they work and live, in addition to 
performing activities in furtherance of a vocation or religious 
occupation often possessing characteristics unique from those found in 
the general labor force. Historically, religious workers have staffed 
hospitals, orphanages, senior care homes, and other charitable 
institutions that provide benefits to society without public funding.
  According to the Department of Homeland Security, the term 
``religious worker'' does not include janitors, maintenance workers, 
clerks, fundraisers, solicitors of donations, or similar occupations. 
The activity of a layperson who will be engaged in a religious 
occupation must relate to a traditional religious function. The 
activity must embody the tenets of the religion and have religious 
significance, relating primarily, if not exclusively, to matters of the 
spirit as they apply to the religion.
  Prior to the enactment of the Immigration Act of 1990, non-profit 
religious organizations that requested the services of foreign-born, 
non-minister religious workers were forced to fit their needs into the 
business, student, or missionary visa categories. This was problematic 
for religious organizations, as the established visa categories were 
created primarily for the needs for profit-making businesses. As a 
result, religious organizations were frequently unable to sponsor 
foreign non-minister religious workers.

  The Catholic Church in the United States has heavily utilized this 
program to serve the increasing diversity of its membership, which 
includes parishioners from countries throughout the world. Religious 
workers from abroad assist the Church here in a variety of ways. They 
come as religious brothers counseling members of ethnic communities, 
religious sisters providing social services and care to the poor and 
ill, and lay persons assisting with religious education. While 
supporting the Church in its spiritual mission, these workers also mend 
the spirit of those in need in our local communities by working in 
schools, hospitals, homes for the aged, and homeless shelters.
  I acknowledge that fraud and abuse are concerns with this program. 
Nevertheless, restricting the religious worker provision is not the way 
to resolve this problem. The provision requires non-minister special 
immigrant religious workers to meet stringent qualifications before 
they enter the country. Any attempt to impose stricter criteria could 
hurt religious organizations and hinder their performance of 
humanitarian and community service-related projects.
  A failure to extend this program in a timely fashion would be a 
disservice not only to religious organizations but to local communities 
and individuals in distress who depend on the work of their members.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 2152.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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