Religious Worker Visa Extension Act Of 2008
To the distinguished chairman, let me thank you for the litany and list of achievements of human rights that you have achieved on this floor. And I appreciate the leadership of my subcommittee Chair, Ms. Zoe Lofgren, on many hard issues…
To the distinguished chairman, let me thank you for the litany and list of achievements of human rights that you have achieved on this floor. And I appreciate the leadership of my subcommittee Chair, Ms. Zoe Lofgren, on many hard issues that have come to her attention over the time of her tenure as chairperson. And as a member of the subcommittee, I am grateful for her leadership. And working with the minority, I thank them on this instance for the cooperation on H.R. 5570. It is an especially unique and important legislative initiative as we make note not only of the many religious leaders in this Nation, but as we make note of the visit of the Aga Khan that, who has spent time in the State of Texas and his followers who have had the privilege of seeing him for the first time in 10 years in the United States, someone who has funded major humanitarian efforts around the world, and of course, the people of New York and Washington, D.C. have the privilege of hosting the Pope in these coming weeks and certainly in Washington.
Religion is special, and is special to this Nation. This legislation is a special immigrant visa which allows qualified religious workers to immigrate to the U.S. and later become citizens if they so chose and meet the qualifications. The other is a nonimmigrant visa which allows qualified religious workers to entry temporarily and perform services in the U.S. for a prescribed period. It has already been noted that the actions of these religious workers may find themselves in parishes, mosques or synagogues, or really simply in the community, as Mother Theresa was in India. Both of these visas may be granted to both ministers and nonminister religious workers.
Yes, there is humanitarian work to be done in the United States. They work in some of our most impoverished communities. And they are sincere in their social and religious humanitarian work. The bill has come under closer scrutiny because of the allegations of abuse and fraud among the foreign petitioners. But I am glad that this bill will provide for a 7-year extension of the program, and it will require DHS to promulgate regulations to eliminate fraud.
We must work together with the Department of Homeland Security, and I do appreciate the work of Dr. Gonzalez to impress upon them that their task is, in fact, to secure America and that they must move quickly on these regulations. If the regulations are not in place by December 31, 2008, to reduce fraud, the program will only be extended for 15 months through January 1, 2010. But if DHS can get the regulations in place, it is automatically extended to January 1, 2016.
I think this is a great start. But I ask my colleagues to consider the expansion of this bill, one to authorize it permanently, but also to look at a small area of which I hope to write legislation on, and that is the insistence that the religious person coming must be of the same religion of that which the person is petitioning for.
I had this circumstance in my district. Grace Community Church is a church with thriving multiple ministries that wanted to bring a young man and his family, a bilingual pastor, to speak to their Spanish congregation and to minister to our Hispanic community in Texas. It was a very, very tough task to address the question of the denials that he received because he was not the same religion of Grace Community Church. He had the same faith. He believed in a higher power. He wanted to do missionary work. The church was legitimate. It had long years in the community. The father of the young man had worked with the pastor of Grace Community Church. But yet we could not get a visa except for the gracious reconsideration of the Department of Homeland Security.
We must reduce fraud. But we can't reduce faith. And when individuals come and want to be missionaries even in this land, we should recognize and grant the opportunity. We can reduce fraud by making sure the institutions exist, the time frame is a time frame that is credible, the individuals are credible, the time that the visa is issued is reviewed, if you will, or overseen by the Department of Homeland Security. But actually, we should encourage those who wish to come to this Nation for good reasons and those who come under this visa are doing so.
So in conclusion, I do want to note that we are celebrating the authorization of this bill this week for very special reasons. But we are also celebrating it because we believe that those who want to do good should be granted the opportunity. As we go forward on this legislation, I am hoping that we will look at some of the small fractures that keep good people from
coming to the United States, worshiping, practicing, serving and working with a great church like Grace Community and others who may wish to bring individuals who may not have the same religious affiliation but have the same belief in the greater goodness and the greater power.
Let me yield back by asking my colleagues to support H.R. 5570. And I thank my colleagues for the great work that they have done.
Madam Speaker, I rise today in support of H.R. 5570, the ``Religious Worker Visa Program Extension Act of 2008'', introduced by the Chairman of the Subcommittee on Immigration, Representative Zoe Lofgren.
I urge my colleagues to support this bill. The religious worker visa program allows U.S. religious denominations to fill critical religious worker positions for which there are no qualified candidates in the U.S. with qualified religious workers abroad. The program provides for two types of visas.
The one is a special immigrant visa, which allows qualified religious workers to immigrate to the U.S. and later become citizens if they so choose and meet the qualification. The other is the non-immigrant visa, which allows qualified religious workers to enter temporarily and perform services in the U.S. for a proscribed period. Both of these visas may be granted to both ministers and non-minister religious workers.
This bill has come under closer scrutiny recently because of allegations of abuse and fraud among the foreign petitioners. H.R. 5570 would provide for a seven-year extension of the program and it would require DHS to promulgate regulations to eliminate fraud. If the Department of Homeland Security does not issue regulations to eliminate or reduce fraud in the religious worker program by December 31, 2008, the program is only extended for 15 months through January 1, 2010. If the Secretary of Homeland Security issues the regulation then the program is automatically extended until January 1, 2016.
While I support this bill, I would have liked to have this bill be expanded so that a religious worker does not have to work for a religious institution of the same denomination. Presently, a religious worker must be of the same religion as the institution by which the worker is employed. Recently this has created problems.
Pastor Riggle from Grace Community Church in my district in Houston, Texas contacted my office concerning Dr. David Scarpeta who needed a religious worker visa to work in his church. USCIS initially denied Dr. Scarpeta's religious worker petition because Dr. Scarpeta was not a member of Pastor Riggle's church.
In my view, Dr. Scarpeta should not have been excluded from the religious worker program merely because he was not a member of the church that was sponsoring him. This is inconsistent with religious work as I know it in this country. Often religious workers from different denominations and religious workers from different denominations work together in the religious vineyard.
Because I thought the law as interpreted was draconian and far too limited in its application, I worked tirelessly with USCIS to ensure that Dr. Scarpeta would be able to work for Grace Community Church. Through my efforts, I was able to get resolution of that case and now Dr. Scarpeta is an active member of the Grace Community Church.
Madam Speaker I urge my colleagues on both sides of the aisle to examine this bill and recognize that it benefits the religious worker and Americans. I fully support what Representative Lofgren and the Subcommittee on Immigration, of which I am a member, have done in the area of immigration.