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72–779 2001

S. HRG. 106–995

MOTHER TERESA RELIGIOUS WORKERS ACT

HEARING

BEFORE THE

SUBCOMMITTEE ON IMMIGRATION

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

APRIL 13, 2000

Serial No. J–106–76

Printed for the use of the Committee on the Judiciary

(

(II)

COMMITTEE ON THE JUDICIARY

ORRIN G. HATCH, Utah, Chairman

STROM THURMOND, South Carolina

CHARLES E. GRASSLEY, Iowa

ARLEN SPECTER, Pennsylvania

JON KYL, Arizona

MIKE DEWINE, Ohio

JOHN ASHCROFT, Missouri

SPENCER ABRAHAM, Michigan

JEFF SESSIONS, Alabama

BOB SMITH, New Hampshire

PATRICK J. LEAHY, Vermont

EDWARD M. KENNEDY, Massachusetts

JOSEPH R. BIDEN, JR., Delaware

HERBERT KOHL, Wisconsin

DIANNE FEINSTEIN, California

RUSSELL D. FEINGOLD, Wisconsin

ROBERT G. TORRICELLI, New Jersey

CHARLES E. SCHUMER, New York

MANUS COONEY, Chief Counsel and Staff Director

BRUCE A. COHEN, Minority Chief Counsel

SUBCOMMITTEE ON IMMIGRATION

SPENCER ABRAHAM, Michigan, Chairman

ARLEN SPECTER, Pennsylvania

CHARLES E. GRASSLEY, Iowa

JON KYL, Arizona

EDWARD M. KENNEDY, Massachusetts

DIANNE FEINSTEIN, California

CHARLES E. SCHUMER, New York

LEE LIBERMAN OTIS, Chief Counsel

MELODY BARNES, Minority Chief Counsel

(III)

C O N T E N T S

STATEMENT OF COMMITTEE MEMBER

Page

Abraham, Hon. Spencer, a U.S. Senator from the State of Michigan, prepared

statement .............................................................................................................. 1

WITNESSES

His Eminence Adam Cardinal Maida, Archbishop of Detroit, prepared statement ...................................................................................................................... 3

Rabbi Steven Weil, Young Israel of Oak Park, prepared statement ................... 11

Elder Ralph W. Hardy, Jr., Member of the Quorum of the Seventy, Church

of Jesus Christ of Latter-day Saints, prepared statement ............................... 14

APPENDIX

PROPOSED LEGISLATION

Bill No. S. 2406 ........................................................................................................ 25

(1)

MOTHER TERESA RELIGIOUS WORKERS ACT

THURSDAY, APRIL 13, 2000

U.S. SENATE, SUBCOMMITTEE ON IMMIGRATION, COMMITTEE ON THE JUDICIARY, Washington, DC.

The subcommittee met, pursuant to notice, at 2:57 p.m., in room

SD–226, Dirksen Senate Office Building, Hon. Spencer Abraham

(chairman of the subcommittee) presiding.

OPENING STATEMENT OF HON. SPENCER ABRAHAM, A U.S.

SENATOR FROM THE STATE OF MICHIGAN

Senator ABRAHAM. Let me begin with an apology to all who are

here. We really never can tell when votes are going to be brought

before the Senate, and on a day like this which is close to the beginning of a recess, the desire to compile as many votes into as

short a time frame as possible becomes overriding. So we had three

instead one, and consequently I just voted the last one and raced

out. The good news is that if your name is Abraham, you get to

vote first, and so in that sense I am here quicker than maybe others would have been.

In light of the delay, I think I will dispense with making my

opening statement at this time, except to say that obviously we are

here today to consider a very important piece of legislation, the

Mother Teresa Religious Workers Act, a bill that I have introduced

and have great hopes we can pass in this Congress to make permanent our religious worker visa programs.

[The prepared statement of Senator Abraham follows:]

PREPARED STATEMENT OF SENATOR SPENCER ABRAHAM

We are here today to address the ‘‘Mother Teresa Religious Workers Act.’’ This

legislation will make permanent provisions of the Immigration and Nationality Act

that set aside 10,000 visas per year for ‘‘special immigrants.’’ Up to 5,000 of these visas annually can be used for ministers of a religious denomination. In addition, a related provision of the law provides 5,000 visas per year

to individuals working for religious organizations in ‘‘a religious vocation or occupation’’ or in a ‘‘professional capacity in a religious vocation or occupation.’’ This has

allowed nuns, brothers, cantors, lay preachers, religious instructors, religious counselors, missionaries, and other persons to work at their vocations or occupations for

religious organizations of their affiliates.

The key component of the law will expire on September 30 of this year unless

Congress acts, and that is the focus of this hearing.

Under the law, a sponsoring organization must be a bona fide religious organization or an affiliate of one, and must be certified or eligible to be certified under Section 501(c)(3) of the Internal Revenue Code. Religious workers must have two years

work experience to qualify for an immigrant visa.

Prior to 1990, churches, synagogues, mosques, and their affiliated organizations

experienced significant difficulties in trying to gain admission for a much needed

2

minister or other individual necessary to provide religious services to their communities. However, this improvement in the law in 1990 was not made permanent and,

as such, has required reauthorization every two or three years, which has created

uncertainly among religious organizations.

Bishop John Cummins of Oakland has written: ‘‘Religious workers provide a very

important pastoral function to the American communities in which they work and

live, performing activities in furtherance of a vocation or religious occupation often

possessing characteristics unique from those found in the general labor market. Historically, religious workers have staffed hospitals, orphanages, senior care homes

and other charitable institutions that provide benefits to society without public

funding.’’

Bishop Cummins notes that ‘‘The steady decline in native-born Americans entering religious vocations and occupations, coupled with the dramatically increasing

need for charitable services in impoverished communities makes the extension of

this special immigrant provision a necessity for numerous religious denominations

in the United States.’’

The sentiments expressed by Bishop Cummins are widely held. Indeed this program has won universal praise in religious communities across the nation. In the

past, our office has received letters from religious orders and organizations throughout the nation.

As a nation founded by people who came to these shores so they and their children could worship freely, it is only appropriate that our country welcome those who

wish to help our religious organizations provide pastoral and other relief to people

around this nation.

That is why I have introduced ‘‘The Mother Teresa Religious Workers Act.’’ The

bill will eliminate the sunset provisions in current law and extend permanently the

religious workers provisions of the Immigration and Nationality Act. It is clear that

religious organizations’ ability to sponsor individuals who provide service to their

local communities should be a permanent fixture of our immigration law, just as it

is for those petitioning for close family members and skilled workers. No longer

should religious institutions have to worry about whether Congress will act in time

to renew the religious workers provisions. I am pleased Senators Kennedy, DeWine,

and Leahy are cosponsoring this legislation.

Finally, I would like to close by reading a passage from a letter sent to me in

1997. It’s a letter that at the time helped convince me of the need to move toward

permanent extension of the religious workers provisions of the Immigration and Nationality Act. The letter read as follows:

‘‘DEAR SENATOR ABRAHAM: I am writing to ask you to help us in solving a very

urgent problem. My Sisters in New York have told me that the law which allows

the Sisters to apply for permanent residence in the United States expires on September 30, 1997. Please, will you do all that you can to have that law extended so

that all Religious will continue to have the opportunity to be permanent residents

and serve the people of your great country.

‘‘It means so much to our poor people to have Sisters who understand them and

their culture. It takes a long time for a Sister to understand the people and a culture, so now our Society wants to keep our Sisters in their mission countries on a

more long term basis. Please help us and our poor by extending this law.

‘‘I am praying for you and the people of Michigan. My Sisters serve the poor in

Detroit where we have a soup kitchen and night shelter for women. Let us all thank

God for this chance to serve His poor.

‘‘Signed: MOTHER TERESA.’’

My office received this letter only a few weeks before her death. In honor of her

great deeds for humanity I hope that this year we can finally extend the religious

workers provisions of the INA permanently. I think this hearing is an important

step in that process and I look forward to the testimony of the distinguished witnesses we have assembled here today.

Senator ABRAHAM. What I would like to do is move immediately

to the witnesses and let them make their opening statements. I

will have just a few questions for the panel, unless we are joined

by other members. Given the delays, I suspect my colleagues, like

myself, have found themselves behind in different commitments

and so may not be able to be here.

We have a very special group of witnesses testifying here today.

First, we will hear from His Eminence Adam Cardinal Maida, who

3

is our Archbishop of Detroit. His Eminence and I have worked together on this issue in the past, and I look forward to hearing his

comments and continuing to work with him in the future.

We will next hear from Rabbi Steven Weil, who is the rabbi at

Young Israel of Oak Park, in Oak Park, Michigan.

Finally, we will hear from Elder Ralph Hardy, Jr., who is a

Member of the Quorum of the Seventy, with the Church of Jesus

Christ of Latter-day Saints.

I welcome you all and, as I said, we will move right into the testimony, so we will turn first to you, Cardinal. Welcome, and thank

you for being here today and for helping us on this legislation.

PANEL CONSISTING OF HIS EMINENCE ADAM CARDINAL

MAIDA, ARCHBISHOP OF DETROIT, DETROIT, MI; RABBI STEVEN WEIL, YOUNG ISRAEL OF OAK PARK, OAK PARK, MI;

AND ELDER RALPH W. HARDY, JR., MEMBER OF THE

QUORUM OF THE SEVENTY, CHURCH OF JESUS CHRIST OF

LATTER-DAY SAINTS, WASHINGTON, DC

STATEMENT OF HIS EMINENCE ADAM CARDINAL MAIDA

Cardinal MAIDA. Good afternoon, Senator Abraham. It is good to

be here.

Senator Kennedy and members of the subcommittee, I am Adam

Cardinal Maida, Archbishop of Detroit. It is a pleasure to appear

before the subcommittee again. The last time I was here was in

September of 1997, and I was accompanied by Franciszek Cardinal

Macharski, the Archbishop of Krakow, who succeeded our Holy Father there. Also present with me were Cardinal Castillo Lara, who

was President of the Pontifical Commission for Vatican City State.

Not only did I have the opportunity to address with you concerns

of the church, but I had the opportunity to observe our congressional process at work. And so I thank you for that opportunity and

for this opportunity today.

Before we get started, Mr. Chairman, I would like to take a moment to extend the thanks of the U.S. Catholic Bishops for your

tireless work on behalf of immigrants. I know, Mr. Chairman, that

your work on behalf of immigrants and refugees have come under

attack in our home State of Michigan, and I would like at this time

to express my admiration for your courageous leadership on behalf

of immigrants and refugees here in Congress, and extend my appreciation for your efforts in educating those in our State and

around the country about the positive contributions immigrants

make to our communities.

I must also thank Senator Kennedy, who has previously served

as chairman of the subcommittee and has long been a champion of

these issues. Senator Kennedy, your efforts over the years, especially in the last decade, have brought much in the way of reason,

balance, and temperance to the national debate on immigration.

As you know, I am here to speak with you about the need for

a permanent extension of the special immigrant NonMinister Religious Worker Visa Program. I am here to present my views as the

Cardinal Archbishop of Detroit, as well as the views of the Catholic

Bishops of the United States.

4

The program is very important. It is an important one not only

for the religious denominations and organizations who make use of

it, but also for the individuals and the communities we serve because of it. It allows the Catholic Church to bring in as permanent

residents foreign religious sisters, brothers, and laypersons, all of

whom perform vital tasks to assist the church in her mission in the

United States.

Should the program be permitted to expire at the end of this fiscal year, religious organizations and denominations will access to

the much needed contributions of these religious workers, as will

the many communities in which they serve.

Prior to enactment of the Immigration Act of 1990 which created

new visa categories for religious workers, religious organizations in

the United States seeking the assistance of foreign-born religious

workers were frequently forced to use immigrant categories that

were more appropriately designed for the needs of businesses and

other employers. Utilization of complex immigration categories created confusion and imposed serious obstacles. In many cases, the

immigrant visa categories were over-subscribed and backlogged.

Consequently, the Catholic Church, as well as other denominations, found that we could not bring in workers within a timeframe

that corresponded to the actual need for their services. It would be

a disservice to our parishes, our civic communities, and most importantly to those in need of the services that these workers provide if this category is not extended permanently.

We are particularly pleased, Mr. Chairman, that you, Senator

Kennedy, Senator DeWine and Senator Leahy just yesterday introduced legislation which would permanently extend this program.

We thank you for your sponsorship of this legislation. We believe

that a permanent extension would provide the stability religious

organizations require to plan for their personal needs and prevent

the disruption and uncertainty that impending terminations of this

program has caused in this and previous years.

Additionally, because of the current trend toward a lower number of vocations to religious life in this country, the program also

provides security for religious organizations who still must respond

to the increasing pastoral needs of the growing and diverse ethnic

communities that they serve.

Because of these and other reasons, I ask that you pass a permanent extension of the nonminister special immigrant categories of

the religious worker program. I also urge to reject the imposition

of any new, unnecessarily harsh criteria for applicants for these

visas. We are aware that in the past some have raised the question

of whether a few individuals have fraudulently attempted to use

the religious worker visa category.

I am not aware of any widespread attempts to use these visas

fraudulently. Our communities and organizations comply with application requirements and produce extensive documentation to

satisfy each element of the statute and regulations to ensure that

applicants qualify for their visas in compliance with the law.

Mr. Chairman, it is critical in understanding our need for this

program to recognize that the U.S. Catholic Church is uniquely an

immigrant church. Our dioceses frequently need the assistance of

noncitizen religious workers to minister to the immigrant people.

5

We estimate that more than half of the U.S. Roman Catholic dioceses benefit from the needed skills of foreign-born workers.

Noncitizen religious workers assist newcomers meet the challenges of making the transition to their newly chosen homeland,

and possess the language, the cultural perspective and the understanding to assist not only the newcomer, but the diocese as a

whole. Strong examples of this are our Asian and Hispanic communities, once emerging, but now significant and well-established

communities.

According to a recent study commissioned by the Bishops’ Committee on Hispanic Affairs, 30 to 38 percent of Catholics in the

United States are Hispanic. Fully 71 percent of the Catholic population growth in our country since 1960 is attributable to Hispanics.

Let me describe briefly for your their work in real terms. Information from dioceses across the country indicate that workers

under this program are engaged in ministry in parishes, in

healthcare, in prisons, in teaching, in nursing care, and in counseling. Their contributions range from human services to the most

needy, to work with young adolescents, to religious instruction.

Foreign-born nonminister religious workers are integral to the diverse work carried on by the church in our country. These are not

individuals who work in high-visibility positions. Rather, they perform perhaps the most difficult and important task of mending the

spirit of those in need in our communities.

As you know, Mr. Chairman, in our home State our religious

communities are very active. You may be familiar with the

Consolata Missionary Sisters in Belmont, the Dominican Sisters in

Lansing, and the Pine Missionaries of Detroit. With the help of foreign-born religious workers, they provide a range of services to

Catholics and others in Michigan.

Recently, we have assisted the Sisters of Mercy to bring in sisters to perform ministry, as well as another congregation to bring

in eight Nigerian sisters to minister to the poor in the western part

of our archdiocese. Our religious organizations in Michigan use this

special category as well. The archdiocese works with other denominations in helping them obtain visas under this category. Most recently, several Methodist congregations needed assistance with an

Hispanic ministry, a Unitarian congregation needed the skills of a

foreign-born missionary, and a local mosque requested assistance

to obtain a visa.

The last time I spoke with the committee, Mother Teresa of Calcutta had recently passed away, and we discussed her July 1997

letter to you, Mr. Chairman, regarding the need for these visas. As

you know, the Missionaries of Charity make an important contribution in my archdiocese, and also perform important work through

their houses located in other parts of the country. They operate

homes for the homeless, those who suffer from AIDS, and expectant mothers in crisis across the Nation, primarily because of the

work done by their sisters from other countries and their ability to

be sensitive to the cultural needs of those they serve.

With your permission, Mr. Chairman, I would like to submit into

the hearing record the letter sent to you from Mother Teresa in

July of 1997 in support of this important program. I would also like

6

your permission to submit in the record a letter from Sister

Dominga, the Regional Superior of the Missionary Sisters of Charity in New York, supporting a permanent extension of the special

immigrant categories this year.

Mr. Chairman, the work which foreign-born religious workers

perform in our country serves all American citizens. It provides assistance I need in my archdiocese and the contributions we need

in our civic communities. This important work which often goes unnoticed should be embraced on behalf of the common good.

In closing, let me just reiterate that the permanent extension of

the non-minister special immigrant program is greatly needed.

Failure to extend this program would substantially undermine the

services that the Catholic Church in the United States provides to

our parishioners and communities throughout the Nation. The dramatically increasing need for charitable services in impoverished

communities also makes the extension of this special immigrant

visa provision timely and appropriate.

Thank you for your consideration of our views.

[The prepared statement of Cardinal Maida follows:]

PREPARED STATEMENT OF HIS EMINENCE ADAM CARDINAL MAIDA

Good morning Mr. Chairman, Senator Kennedy, and Members of the Subcommittee. I am Adam Cardinal Maida, Archbishop of Detroit.

It is a pleasure to appear before the Subcommittee again. That last time I was

here was in September of 1997, and I was accompanied by Franciszek Cardinal

Macharski, the Archbishop of Krakow, who succeeded Our Holy Father, and President of the Pontifical Commission for the Vatican City State. Not only did I have

the opportunity to address with you concerns of the Church, but they had the opportunity to observe our Congressional process at work. So, I thank you for that opportunity and this one today.

Before we get started, Mr. Chairman, I would like to take a moment to extend

the thanks of the U.S. Catholic Bishops for your tireless efforts on behalf of immigrants. Your courageous leadership during the 104th, 105th and in the current

106th Congress has been instrumental in upholding the rights and protection of

legal immigrants, refugees, asylees and those striving to become citizens. Your efforts have resulted in preserving family unity, which is the underpinning of American society and the traditional cornerstone of U.S. immigration policy. You have

supported extending meaningful protection to those fleeing persecution and have

been instrumental in ensuring that the United States of America continues to be

a leader in protecting those struggling for freedom. You have also supported fair access to naturalization for those who wish to embrace their adopted homeland

through the privilege of U.S. citizenship. These efforts are greatly appreciated by

the Catholic Church in the United States and we look forward to your continued

efforts and leadership in this area. I must also thank Senator Kennedy, who has

previously served as chairman of the Subcommittee and has long been a champion

of these issues. Senator Kennedy, your efforts over the years, especially in this last

decade, have brought much in the way of reason, balance and temperance to issues

which have been used as lighting rods to feed fears and misconceptions about immigrants and refugees which have resulted in divisiveness in our communities.

As you know, I am here today to speak with you about the need for a permanent

extension of the Special Immigrant ‘‘Nonminister’’ Religious Worker Visa Program.

I am here to present my own views as the Cardinal Archbishop of Detroit as well

as the views of the United States Catholic Conference representing the Catholic

Bishops in the United States. Let me say at the outset that we thank you in advance for what we anticipate will be a permanent extension of the Program before

it expires in September of this year.

The Special Immigrant ‘‘Nonminister’’ Religious Worker Visa program is very important—not only for the religious denominations and organizations who make use

of it, but also for the individuals and communities we serve because of it. Should

the program be permitted to expire at the end of this fiscal year, religious organizations and denominations will lose access to the much needed contributions of these

religious workers, as would the many communities in which they work.

7

As members of the Subcommittee are aware, Congress recognized the special

needs of religious denominations and their organizations in the United States when

it created certain new visa categories under the Immigration Act of 1990. These new

categories permit, not only religious workers, but ‘‘non-minister’’ religious workers,

such as religious brothers, religious sisters, catechists, cantors, pastoral service

workers, and others to enter the United States to work for a religious organization

at their request. These classes of religious workers must have two years experience

in their religious vocation or occupation before applying to carry on their vocation

or to engage in a religious occupation as a professional or other special immigrant

worker. Those religious workers who are given special immigrant status share the

available visas for the category with other individuals also identified as special immigrants. There are only a total of 10,000 visas that are available for special immigrants. Moreover, of this number no more than 5,000 visas can be issued to the categories which are set to expire.

Prior to enactment of the Immigration Act of 1990, religious organizations in the

United States seeking the assistance of foreign born religious workers were frequently forced to use immigrant categories that were more appropriately designed

for the needs of businesses and other employers. Religious organizations who needed

the temporary services of religious workers from abroad were forced to navigate the

complexities of the nonimmigrant business, student, and missionary visa categories.

Utilization of complex immigration categories created confusion and imposed serious obstacles. In many cases, the immigrant visa categories were oversubscribed,

such as the old sixth preference category that was used by many religious sisters.

Consequently, the Catholic Church, as well as other denominations, found that we

could not bring in workers within a time frame that corresponded to the actual need

for their services. In some instances, we could not bring them at all. It would be

truly unfortunate if we found ourselves returned to that situation. It would be a disservice to our parishes, our civic communities, and most importantly, to those in

need of the services that these workers provide if this category is not extended permanently.

We are particularly pleased, Mr. Chairman, that the subcommittee is considering

making permanent the categories about to expire. We believe that a permanent extension would provide the stability religious organizations require to plan for their

personnel needs and prevent the disruptions and uncertainty that impending terminations of this program have caused in this and previous years. As an example, the

three-year deadline creates a backlog in the program every three years just prior

to the expiration date because religious organizations file a large number of applications fearing the program will expire and their personnel needs will not be met for

that year.

Additionally, the need to reauthorize the program every three years raises the

specter that the program will not be renewed at all. Some religious workers, especially religious sisters, effectively would be precluded from obtaining permanent residence because they would fall under the category of ‘‘other workers,’’ which presently has a backlog dating to June 1994. The oversubscribed ‘‘other workers’’ category presents obstacles to the timely processing of applications, as I mentioned earlier.

Finally, because of the current trend toward a lower number of vocations to religious life in this country, the program also provides security for religious organizations who still must respond to the increasing pastoral needs of a growing and diverse community they serve.

As you consider legislations to extend this important program, I also urge Congress to reject the imposition of any new, unnecessarily harsh criteria for applicants

for these visas. We are aware that in the past some have raised the question of

whether a few individuals have fraudulently attempted to use the religious worker

visas category. I am not aware of any widespread attempts to use these visas fraudulently. Our communities and organizations comply with application requirements

and produce extensive documentation to support each element of the statute and

regulations to ensure that applicants qualify for their visas in compliance with the

law.

As mentioned earlier, there now exists a limit of 5,000 on the number of visas

that can be issued in any one year. We believe that if there is some fraudulent use

of the visa categories, the small number of such visas should make it possible for

those who are charged with investigating visa applications do so with an eye toward

ensuring that they are being properly issued. We welcome whatever scrutiny is

brought to bear on each of our applications. But we oppose imposition of any new,

unnecessarily harsh criteria for applicants for these visas. To do so would undoubtedly have the unintended effect of making it next to impossible for U.S.-based reliVerDate 31-AUG-2001 07:12 Sep 08, 2001 Jkt 072779 PO 00000 Frm 00011 Fmt 6633 Sfmt 6621 E:\HR\OC\B779.XXX pfrm04 PsN: B779
8

gious organizations and denominations here to fill critical positions for which American-born counterparts are unavailable or unqualified.

Earlier I spoke of the pastoral work performed by these individuals in our civic

communities and their significance to the Catholic Church in the United States. It

is critical in understanding our need for this program to recognize that the U.S.

Catholic Church is uniquely an immigrant church. Our dioceses frequently need the

assistance of noncitizen religious workers to minister to the immigrant population.

Noncitizen workers assist newcomers meet the challenges of making the transition

to their newly chosen homeland. These workers possess the language, the culture

perspective and the understanding to assist not only the newcomer but the diocese

as a whole. Strong examples of this are our Asian and Hispanic communities, once

emerging communities which are now significant and well-established communities.

According to a recent study commissioned by the Bishops Committee on Hispanic

Affairs, 30%–38% of Catholics in the United States are Hispanic. Fully, 71% of the

Catholic population growth in our country since 1960 is attributable to Hispanics.

The work of the Catholic Church in the United States would suffer dramatically

without the assistance of non-minister religious workers. We estimate that more

than half of the U.S. Roman Catholic dioceses benefit from the needed skills of foreign born workers. Information form dioceses across the country indicate they are

engaged in ministry in parishes, in health care, in prisons, in teaching, in nursing

care, and in counseling. Foreign born non-minister religious workers are integral to

the diverse work carried on by the Church in our country.

Some of the work which is done in our dioceses, parishes and civic communities

by noncitizen religious workers include the following: • Pastoral ministry to members of the Catholic Church. • Human services to the most needy, including shelter and food. • Care for and ministering to the sick, aged, and dying in hospitals and special facilities. • Work with adolescents and young adults to confront complicated social

issues during a time when they desperately wish to be accepted by their peers. • Assistance to religious leaders as they lead their congregations and communities in worship. • Support to families, particularly in times of crisis, to preserve the family

unit. • Providing religious instruction to new members of the religious denomination. • Assisting refugees and immigrants with their transition to their newly

adopted homeland.

These are not individuals who would work in high visibility positions. However,

they perform perhaps the most difficult and important task of mending the spirit

of those in need in our communities.

Let me describe briefly for you their work in real terms. As you know, Mr. Chairman, in our home state our religious communities are very active. You may be familiar with the Consolata Missionary Sisters in Belmont, the Dominican Sisters in

Adrian and the Benedictines in St. Joseph. An example which you might be more

familiar with are the Antonine Sisters, a religious congregation which belong to the

Eparchy of Our Lady of Lebanon of Los Angeles. The sisters have only one community in the United States located in Youngstown, Ohio. Let me share a few sentences with you from a letter from the Superior of the Community describing their

work: ‘‘Our ministry in the United States is to take care on a daily basis of frail

elderly and disabled adults at our Antonine Sisters’ Adult Day Care. . . . Most of

our elderly have poor income and some of them live by themselves without any family member close by to take care of them. Coming to our day care gives them a

strong incentive to live in hope and joy. Services range from ambulatory assistance

to body mechanics, transfers, wheelchair management, feeding devices, assisting incontinent participants, observing them for symptoms, and mostly also providing the

above services with love, compassion, and in a Christ-like spirit.’’

The last time I spoke with the Committee, the late Mother Teresa of Calcutta had

recently passed away and I relayed a letter from her to you, Mr. Chairman, regarding the need for these visas. As you know, the Missionaries of Charity make an important contribution in my Archdiocese and also perform important work through

their houses located in other areas of the country.

In a recent communication, a Missionary Brother of Charity in Los Angeles, California, spoke of the benefit foreign born religious workers provide to the fulfillment

of their mission. He spoke of the assistance they provide ministering in the streets

to the Hispanic community, visiting the sick and terminally ill in their homes, and

assisting the broader community. He also mentioned the benefit of one religious

brother from Columbia who worked with them at their day center for homeless

9

youth and women, where he provided individuals a place to rest, fresh clothes to

wear, a bathroom and showers to care for themselves, and a full meal. As the Superior described: ‘‘Our charism is to work with the poorest of the poor, people who are

often neglected in society. Most of our work is simple, such as feeding the hungry,

providing clothes, and taking the time to talk with someone. We continue the work

and spirit of Mother Teresa.’’

This is the work that I see around the nation, the assistance I need in my Archdiocese, and the contributions we need in our civic communities. This important

work, which often goes unnoticed, should not be casually discarded or restricted but

should be encouraged on behalf of the common good.

In closing let me just reiterate that the permanent extension of the nonminister

special immigrant program is greatly needed. Failure to extend this program would

substantially undermine the services that the Catholic Church in the United States

provides to our parishioners and communities throughout the nation. Dramatically

increasing need for charitable services in impoverished communities also makes the

extension of this special immigrant visa provision timely and appropriate.

I thank you for your close attention to our views and your swift action in this

matter.

BIOGRAPHY OF CARDINAL ADAM MAIDA

Adam Joseph Maida was born on March 18, 1930, in East Vandergrift, Pennsylvania. He was the first of three sons born to Adam Maida and Sophie Cieslak

Maida.

Cardinal Maida’s father, now deceased, came to the United States from a rural

area near Warsaw, Poland. His mother was born in the United States and presently

resides in Scott Township, Pennsylvania.

One brother, Thaddeus, is a priest of the Diocese of Pittsburgh and the pastor of

St. Teresa of Avila Parish in Perrysville. His other brother, Daniel, lives in Scott

Township and is married to the former Patricia Hurley. Daniel is in private business and he and Patricia have three sons, Timothy, Joseph and Robert.

Cardinal Maida attended East Vandergrift Public Schools; Vandergrift Public

High School for one year, and Scott Township High School for one year. He then

completed high school and graduated from St. Mary’s High School, Orchard Lake,

Michigan, in 1948.

Following graduation from St. Mary’s, Cardinal Maida entered St. Mary’s College,

Orchard Lake. In 1950, he transferred to St. Vincent’s College, Latrobe, Pennsylvania, where he graduated in 1952 with a Bachelor of Arts in Philosophy.

In 1956, Cardinal Maida graduated with a Licentiafe in sacred Theology (S.T.L.)

from St. Mary’s University, Baltimore, Maryland.

In 1960, Cardinal Maida received a Licentiate in Canon Law (J.C.L.) from the

Pontifical Lateran University in Rome. In 1964, he was awarded a Doctorate in

Civil Law (J.D.) from Duquesne Law School in Pittsburgh.

Cardinal Maida was admitted to practice law before the Bar for the State of Pennsylvania, the Federal Bar in Western Pennsylvania, and the United States Supreme

Court.

On May 26, 1956, Cardinal Maida was ordained a priest in St. Paul Cathedral,

Pittsburgh, by then Bishop John Dearden (deceased Cardinal Archbishop of Detroit).

Following his ordination, Cardinal Maida served in the Diocese of Pittsburgh as

an associate pastor, Vice Chancellor and General Counsel of the Diocese, in the Diocesan Tribunal, and as Assistant Professor of Theology at La Roche College, and

Adjunct Professor of Law at Duquesne University Law School.

On January 25, 1984, he was ordained and installed as the ninth Bishop of the

Diocese of Green Bay, Wisconsin.

On May 7, 1990, Pope John Paul II named Bishop Maida Archbishop of Detroit.

He was installed as Archbishop of Detroit on June 12, 1990.

On October 30, 1994, Pope John Paul II named Archbishop Maida a Cardinal. He

was elevated to the College of Cardinals at a Consistory held on November 26, 1994,

at the Paul VI Auditorium in the Vatican.

In May of 1996, Pope John Paul II appointed Cardinal Maida as Papal Legate

(the Pope’s personal representative) to the 19th International Marian Congress,

which was held in Czestochowa, Poland, from August 24 to 26, 1996.

10

CURRENT APPOINTMENTS

Roman Curia

Member, Congregation for Catholic Education; Member, Congregation for the

Clergy; and Pontifical Council for the Pastoral Care of Migrants and Itinerant Peoples.

National Conference of Catholic Bishops (NCCB)

Chairman, Ad Hoc Committee for Aid to the Church in Central and Eastern Europe; Member, Committee on the Diaconate; Member, International Policy Committee; Member, Committee on Migration; Member, Committee on Pro-Life Activities; Member, Ad Hoc Committee—Ex Corde Ecclesiac; and Episcopal Liaison, Committee for the Polish Apostolate.

Catholic University of America

Member, Board of Trustees.

Basilica of the National Shrine of the Immaculate Conception, Washington, DC

Member, Board of Trustees.

Pope John XXIII Medical-Moral Research and Education Center, Braintree, Massachusetts

Member, Board of Directors.

Michigan Catholic Conference (MCC)

Chairman, Board of Trustees.

Pope John Paul II Cultural Foundation Rome

Member.

Pope John Paul II Cultural Foundation United States

Episcopal Moderator and President.

PUBLICATIONS

The Tribunal Reporter—A Casebook and Commentary on the Grounds for Annulment in the Catholic Church, Vol. I (1970) Editor.

Ownership, Control and Sponsorship of Catholic Institutions (1975) Author.

Issues in the Labor-Management Dialogue: Church Perspectives (1982) Editor.

Church Property, Church Finances and Church-Related Corporations, A Canon

Law Handbook (1983) Author.

LANGUAGES

Polish, Latin, Italian.

Senator ABRAHAM. Cardinal Maida, thank you, and we will enter

both letters into the record of the proceedings here. We appreciate

you being here.

[The letters referred to follow:]

MISSIONARIES OF CHARITY,

Bronx, NY, April 12, 2000.

DEAR CHAIRMAN ABRAHAM: I write to ask your assistance on an issue of importance to the Missionaries of Charity.

The Immigration Act of 1990, the Religious Worker Visa program, which allows

U.S.-based religious organizations to bring in foreign workers to assist them in providing pastoral care to their membership, was enacted. The special immigrant visa

category of the Religious Worker program, which permits properly sponsored nonminister religious workers from abroad to enter the United States and eventually

qualify for permanent residency visas, is set to expire on October 1 of this year. I

ask for your support for a permanent extension of the special immigrant religious

worker visa category under the Religious Worker Visa program.

As you may know, Mother Teresa, our Foundress, opened over thirty (30) houses

in America where we give wholehearted and free service to the poorest of the poor.

We operate Homes for the Homeless, People with Aids, and Expectant Mothers.

These homes are run by our sisters, most of whom are not American citizens. The

Missionaries of Charity have utilized the special immigrant visa category to enable

us to do this work, and over one hundred (100) of our sisters have received permanent residency.

11

As you know, the nonminister special immigrant category of the Religious Worker

visa program has been reauthorized three times in three-year increments. As chairman of the Senate Subcommittee on Immigration, your support of a permanent extension of the nonminister special immigrant category of the Religious Worker visa

program would be appreciated.

God bless you and thank you for your consideration in this matter.

Sincerely in Jesus,

SISTER M. DOMINGA, MC,

Regional Superior.

MISSIONARIES OF CHARITY,

Calcutta, India, July 20, 1997.

Hon. SPENCER ABRAHAM,

U.S. Senate,

Washington, DC.

DEAR SENATOR ABRAHAM: This brings you my prayers, greetings and gratitude for

all that you have done to help my Sisters and all Religious serve the poor in the

United States.

I am writing to ask you to help us in solving a very urgent problem. My Sisters

in New York have told me that the law which allows the Sisters to apply for permanent residence in the United States expires on September 30, 1997. Please, will you

do all that you can to have that law extended so that all Religious will continue

to have the opportunity to be permanent residents and serve the people of your

great country.

It means so much to our poor people to have Sisters who understand them and

their culture. It takes a long time for a Sister to understand the people and a culture, so now our Society wants to keep our Sisters in their mission countries on a

more long term basis. Please help us and our poor by extending this law.

I am praying for you and the people of Michigan. My Sisters serve the poor in

Detroit where we have a soup kitchen and night shelter for women. Let us all thank

God for this chance to serve His poor.

God bless you,

MOTHER TERESA, MC.

Senator ABRAHAM. Rabbi Weil, nice to see you. Thank you for

coming down, and we will turn to you at this time.

STATEMENT OF RABBI STEVEN WEIL

Rabbi WEIL. Mr. Chairman, Honored Senators, thank you for the

honor and privilege of appearing before the members of this subcommittee today.

Mr. Chairman, I have been a resident of the State of Michigan

for the past 6 years. In that time, my sense of pride and gratitude

for the strong leadership and keen vision you have provided our

local communities has become increasingly profound.

Additionally, I would like to take the opportunity to commend

you and the other members of this subcommittee for the strides

you have taken to preserve this country’s legal immigration system.

Your hard work in the area of immigration, refugees, asylum, and

naturalization is marked by courage, sensitivity, common sense,

and most importantly with respect and dignity for all people who

arrive at the shores of this country.

My name is Steven Weil. I serve as a congregational and communal rabbi in metropolitan Detroit. I am a member of the Executive Committee of Detroit’s Council of Orthodox Rabbis, and I am

also a member of the Rabbinical Council of America and the Orthodox Union. The two latter groups are umbrella organizations that

provide support and services for the professional and lay leadership

of the American Jewish community.

12

More important than each of those positions, however, is my distinction as a first-generation American. I am the son of a German

Jewish immigrant. Unlike most of my paternal relatives who were

herded into cattle cars and sent to their tragic deaths in the concentration camps at Auschwitz and Belzec, my father and grandparents were fortunate enough to find refuge in the United States.

They, along with many other refugees, were given the gift of life

and the opportunity to rebuild their lives.

However, the Jewish community in America at that time was unable to provide for the staggering financial, social, psychological

and educational needs of the refugees arriving from Europe at that

time. Despite it all, and armed with nothing but their foresight,

faith and work ethic, my grandparents managed to build a business

and a new family. Every day, I stand in awe of their accomplishments and am humbled by the realization that they were an exception to the rule.

Most people arriving to this country will require some form of

communal assistance throughout various points in their lives. With

that in mind, religious organizations that care for the needs of

their members wish to provide a religious infrastructure that can

offer those people arriving everyday the assistance they so desperately need. Many of them arrive from countries that view religion differently from our own. We are fortunate to raise our families in an environment where religious freedom is not merely an

ideal but a constitutional right. It is in such an environment that

the greatest assistance can be provided.

Allow me to tell you about the men and women who are affected

by the Mother Teresa Religious Workers Act. They are a group of

talented, well-trained and dedicated individuals who leave their

homelands and their families with the intent to develop our local

communities. They are men and women, rabbis, teachers, social

workers and youth leaders who are intimately involved with the

needs of our various neighborhoods.

They spend their days in schools, in synagogues, hospitals and

homes for the aged. They not only teach and inspire us to become

better people, but they also guide those who are confused onto the

proper path. They are by our side in times of need and sorrow, offering both practical and emotional support. They serve the community en masse, while at the same time never losing sight of individual members of society. It is through their efforts that our local

communities are strengthened, enabling its citizens to contribute

even more to the greater society in which we live.

In Southfield, MI, a suburb of Detroit, lives a group of young and

dynamic Israeli couples. They have moved into the neighborhood

and are employed in the community’s religious schools. In the short

time that they have resided in our community, the impact they

have had is immeasurable. They serve as positive role models for

our children by teaching them about the type of people we as a

community want our children to become. They have also become integral members of the community, opening their homes and giving

of themselves in every facet of communal life.

The Jewish communities in Chicago, Atlanta, Boca Raton, Florida, Los Angeles, and Kansas City, where this program has been

duplicated, have also benefitted in similar manners. All of these

13

communities have received these benefits based on the current law.

Should this law expire, the contributions of these dedicated members of our communities will no longer be accessible. Not only will

all communities be poorer for the loss, but those who directly benefit from their services will ultimately fall through the cracks.

Unfortunately, the law does not yet permanently recognize the

inherent value of religious workers. All of us here today are

present to testify of the great need and value in allowing religious

workers to come to our communities. Making this Act permanent

will bring only selfless men and women to this country, men and

women who will contribute to this Nation’s well-being and further

its greatness.

Mr. Chairman, members of this subcommittee, I ask you to continue in your role as advocates for this worthy cause. Please act

quickly to make the Mother Teresa Religious Workers Act permanent so that we may return to our communities, assured of being

able to provide for the general health and welfare of our constituents.

Thank you.

Senator ABRAHAM. Rabbi Weil, thank you very much. We appreciate you being here today and for your statement. It is very powerful.

[The prepared statement of Rabbi Weil follows:]

TESTIMONY OF RABBI STEVEN WEIL

Mr. Chairman, honored Senators, thank you for the honor and privilege of appearing before the members of this subcommittee today. Mr. Chairman, I have been a

resident of the State of Michigan for the past six years. In that time, my sense of

pride and gratitude for the strong leadership and keen vision you have provided our

local communities has become increasingly profound. Additionally, I would like to

take the opportunity to commend you and the other members of this subcommittee

for the strides you have taken to preserve this country’s legal immigration system.

Your hard work in the area of immigration, refugees, asylum and naturalization is

marked by courage, sensitivity, common sense, and, most importantly, with respect

and dignity for all people who arrive at the shores of this country.

My name is Steven Weil. I serve as a congregational and communal Rabbi in metropolitan Detroit. I am a member of the executive committee of Detroit’s Council of

Orthodox Rabbis and I am also a member of the Rabbinical Council of America and

the Orthodox Union. The two latter groups are umbrella organizations that provide

support and services for the professional and lay leadership of the American Jewish

community.

More important than each of those positions, however, is my distinction as a first

generation American. I am the son of a German-Jewish immigrant. Unlike most of

my paternal relatives who were herded into cattle cars and sent to their tragic

deaths in the concentration camps at Auschwitz and Belzec, my father and grandparents were fortunate enough to find refuge in the United States. They, along with

many other refugees, were given the gift of life and the opportunity to rebuild their

lives. However, the Jewish community in America at that time was unable to provide for the staggering financial, social, psychological and educational needs of the

refugees arriving from Europe at the time. Despite it all, and armed with nothing

but their foresight, faith and work ethic, my grandparents managed to build a successful business and a new family. Ever day, I stand in awe of their accomplishments and am humbled by the realization that they were an exception to the rule.

Most people arriving to this country will require some form of communal assistance

throughout various points in their life. With that in mind, religious organizations

that care for the needs of its members and wish to provide a religious infrastructure

that can offer those people arriving every day the assistance they so desperately

need. Many of them arrive from countries that view religion differently from our

own. We are fortunate to raise our families in an environment where religious freedom is not merely an ideal, but a constitutional right. It is in such an environment

that the greatest assistance can be provided.

14

Allow me to tell you about the leaders affected by the Mother Teresa Religious

Workers Act. They are a group of talented, well-trained and dedicated individuals

who leave their homelands and their families with the intent to develop our local

communities. They are men and women, Rabbis, teachers, social workers and youth

leaders who are intimately involved with the needs of our various neighborhoods.

They spend their days in schools, synagogues, hospitals and homes for the aged.

They not only teach and inspire us to become better people, but they also guide

those who are confused on to the proper path. They are by our side in times of need

and sorrow, offering both practical and emotional support. They serve the community en masse, while at the same time never losing sight of individual members of

society. It is through their efforts that our local communities are strengthened, enabling its citizens to contribute even more to the greater society in which we live.

In Southfield, Michigan, suburb of Detroit, lives a group of young and dynamic

Israeli couples. They have moved into the neighborhood and are employed in the

community’s religious schools. In the short time that they have resided in our community,the impact they have had is immeasurable. They serve as positive role models for our children by teaching them about the type of people we as a community

want our children to become. They have also become integral members of the community, opening their homes and giving of themselves in every facet of communal

life. The Jewish communities in Chicago, Atlanta, Boca Raton, Los Angeles and

Kansas City, where this program has been duplicated, have also benefited in similar

manners. All of these communities have received these benefits based on the current

law. Should this law expire, the contributions of these dedicated members of our

communities will no longer be accessible. Not only will all communities be poorer

for the loss, but those who directly benefit from their services ultimately fall

through the cracks.

Unfortunately, the law does not yet permanently recognize the inherent value of

religious workers. All of us here today are present to testify of the great need and

value in allowing religious workers to come to our communities. Making this Act

permanent will bring only selfless men and women to this country. Men and women

who will contribute to this nation’s well being and further its greatness.

Mr. Chairman, members of this subcommittee, I ask you to continue in your role

as advocates for this worthy cause. Please act quickly to make the Mother Teresa

Religious Workers Act permanent so that we may return to our communities, assured of being able to provide for the general health and welfare of our constituents.

Thank you.

Senator ABRAHAM. We will now turn to you, Elder Hardy. Thank

you also for participating today. We welcome you.

STATEMENT OF ELDER RALPH W. HARDY, JR.

Elder HARDY. Thank you, Senator Abraham. I am Elder Ralph

W. Hardy, Jr., a Member of the Seventy of the Church of Jesus

Christ of Latter-day Saints, and Chairman of the Church’s Public

Affairs Advisory Committee here in Washington.

I represent the Church of Jesus Christ of Latter-day Saints,

sometimes called the Mormon Church, and I have been invited to

testify on the Mother Teresa Religious Workers Act. The church

has about 10.7 million members. Over half of our membership resides outside of North America.

Our church is very much in favor of legislation that would make

permanent the religious worker nonimmigrant visa program. As

the law stands, the foreign religious worker program will expire in

September of this year. The bill before you would remove the sunset provision. I speak in favor of this bill because the religious

workers visa program is a vital part of the missionary effort of the

Church of Jesus Christ of Latter-day Saints.

The driving force behind Christian missionary work is the spiritual duty to witness of Jesus Christ and his gospel. The Church

of Jesus Christ of Latter-day Saints takes that charge very seriously. Today, there are over 60,000 full-time missionaries from our

church in over 160 countries around the world. While the majority

15

of missionaries are from the United States, almost 15,000 missionaries are citizens of other countries who are assigned by the president of our church to serve in any one of those 160 countries, including the United States.

Missionaries serve for a maximum of 24 months, which means

that each year about 35,000 missionaries leave or return from a

mission. For example, my own two young sons recently returned

from their missions. One went to Malaysia, Singapore and Sri

Lanka, and the other spent 2 years among the Hispanic people in

Orange County, CA. Between 1961 and 1962, I served a mission in

Scotland. In my own congregation of the church in suburban Maryland, we have a young missionary serving from Singapore.

Latter-day Saint missionaries acknowledge two restraints on

their mandate to be a missionary. The first restraint is the moral

agency of all persons with whom they come in contact to choose

their own beliefs for themselves. The second restraint is obedience

to the law, whose observance is a fundamental tenet of our faith.

As stated in our 12th Article of Faith, ‘‘We believe . . . in obeying,

honoring, and sustaining the law.’’

My testimony today will discuss the importance of the religious

worker non-immigrant visa program to the missionary effort of the

Church of Jesus Christ of Latter-day Saints. I will summarize the

use of the religious worker non-immigrant visa program by the

church, the advantages to the individual missionaries and to the

church of having the religious worker non-immigrant visas available, and the careful measures which the church takes to ensure

strict compliance with the rules governing non-immigrants’ behavior and departure. I will also comment on possible arguments that

could be raised about abuse and misuse of the religious worker

non-immigrant visa program. In sum, we seek your support for this

legislation which would make the religious worker non-immigrant

visa program permanent.

A significant minority of the church’s 60,000 missionaries are

citizens of other countries. These young missionaries from outside

the United States can be assigned by the church’s leadership to

stay in their home country or to serve in any one of the other 160

countries where the church operates, including the United States.

We have sent missionaries from Australia to serve in Taiwan, and

missionaries from Japan to serve in Ukraine. Thus, any prospective

missionary for the church can be sent almost anywhere in the

world to serve for up to 24 months.

Since 1960, prior to the religious worker non-immigrant visa program, the Church of Jesus Christ of Latter-day Saints has had a

program for foreign missionaries to serve in the United States, and

we have had young missionaries from almost every country in the

world perform their missionary service in this country.

Of course, we also send our missionaries from the United States

to those countries. The governments of those countries have been

very generous in accommodating and granting visas to our missionaries. Since its establishment 10 years ago, the religious worker

non-immigrant visa program has helped our church and the Latterday Saint people to reciprocate by inviting citizens of these foreign

countries to perform their missionary service in the United States.

16

Thus, we encourage the Congress to be as accommodating to the

citizens of other countries by passing this bill.

Being able to bring qualified members of the Church of Jesus

Christ of Latter-day Saints to the United States to serve as missionaries for 18 to 24 months results in many advantages not only

to the individual missionaries but to our worldwide church as an

institution, as well as to our society.

Many of these young missionaries are from countries in which

the Church of Jesus Christ of Latter-day Saints has been established for less than a generation. The missionaries are able to see

how our church, with its volunteer lay leadership, operates in the

United States, and they return to their home countries with this

institutional knowledge, which in turns strengthens the church and

its lay leadership infrastructure in those countries.

Young missionaries on religious worker non-immigrant visas generally have to learn English. Not only do they become conversationally fluent during their 2 years in the United States, but they often

teach and hold leadership positions in their capacity as missionaries, which further improves their new language skills. Further,

the missionaries have the opportunity to develop leadership skills

by working with missionaries from all over the world. Often, this

exposure to a new culture opens up educational opportunities that

they otherwise would not have.

The Church of Jesus Christ of Latter-day Saints goes to great

lengths to ensure strict compliance with the regimen imposed by

the church, as well as the rules and regulations of the religious

worker nonimmigrant visa program. For example, no missionaries

sell anything, not even religious items, nor are they allowed to solicit or accept donations for themselves or for the church. Missionaries are not permitted to date, marry, or to work at any kind of

employment. Rather, they are engaged in full-time, unpaid community service or religious teaching while serving on their missions.

These rules apply to all of our missionaries worldwide, not just the

missionaries serving in the United States under the religious worker non-immigrant visa program.

All of our young missionaries in the 333 missions of the church

are supervised carefully by a distinguished lay leader of the

Church of Jesus Christ of Latter-day Saints, known as a mission

president. In addition, all missionaries are assigned a companion,

and the two perform their religious and community service together. Again, it is the policy of the Church of Jesus Christ of Latter-day Saints that all of these young missionaries serving in the

United States under the religious worker nonimmigrant visa program return to their home countries promptly after their 24-month

service as a missionary.

When a missionary completes his or her 2-year mission, the

church purchases for the missionary a one-way plane ticket home,

and the mission president sees the missionary off at the airport. In

this fashion, the Church of Jesus Christ of Latter-day Saints takes

great care to ensure compliance with the terms of the visa and the

religious worker nonimmigrant visa program.

We know that some may be concerned about possible abuses of

the religious worker nonimmigrant visa program. For example,

there may be questions as to whether religious worker nonVerDate 31-AUG-2001 07:12 Sep 08, 2001 Jkt 072779 PO 00000 Frm 00020 Fmt 6633 Sfmt 6602 E:\HR\OC\B779.XXX pfrm04 PsN: B779
17

immigrant visas are abused by applicants, whether sponsoring organizations make false statements about the length of time that

the applicant was a member of the religious organization and the

nature of the work to be done, whether some religious worker nonimmigrant visa applicants intend to do very little religious work or

stay past the date of expiration.

Please understand that the Church of Jesus Christ of Latter-day

Saints makes every effort to comply with both the spirit and the

letter of the law. Latter-day Saint missionaries, as well as religious

workers of many other denominations, do not abuse the religious

worker non-immigrant visa program. Much good is done by religious workers in this country on non-immigrant visas.

Another possible concern is that religious workers will not be

able to pay for medical care or living expenses, leaving any charges

they may incur to be written off by the hospital or the landlord.

Here again, the Church of Jesus Christ of Latter-day Saints pays

directly for medical insurance for all missionaries in the United

States on religious worker nonimmigrant visas. These missionaries

are supported financially from worldwide contributions to the

church’s missionary program. As stated before, a mission president

is assigned to each area and is specifically charged with supervising the missionaries. The mission president’s staff makes sure

that the rent is paid and that a living allowance which comes from

member donations is distributed monthly.

As a strict matter of policy, A, our missionaries do not accept donations beyond an invitation to dinner. And, B, our missionaries on

religious worker nonimmigrant visas fulfill their financial obligations without asking anyone outside of our own faith for assistance.

The United States of America is a nation of diverse religions that

protects freedom of religion. The religious worker nonimmigrant

visa program allows those of different nations to witness firsthand

the operation of religious freedom in this country. We have welcomed those of different countries and benefitted by our association

with them. The opportunities afforded to the Church of Jesus

Christ of Latter-day Saints and to our missionaries by use of the

religious worker nonimmigrant visa program has strengthened

international relationships and provided education and experience

in a setting not otherwise available.

When the religious worker nonimmigrant visa program was first

introduced 10 years ago, the 3-year renewable period was added because this visa was experimental. The religious worker nonimmigrant visa program has proved to be very successful. No other

nonimmigrant visa has to be renewed every 3 years, wasting time

and resources that could be spent elsewhere. The time has come to

make the religious worker nonimmigrant visa program a permanent part of the law.

Thank you very much.

[The prepared statement of Elder Hardy follows:]

PREPARED STATEMENT OF ELDER RALPH W. HARDY, JR.

I am Elder Ralph W. Hardy, Jr., a Member of the Seventy of The Church of Jesus

Christ of Later-day Saints and Chairman of the Church’s Washington Public Affairs

Advisory Committee. I represent The Church of Jesus Christ of Latter-day Saints,

sometimes called the Mormon Church, and I have been invited to testify on the

18

Mother Teresa Religious Workers Act. The Church has 10.7 million members. Over

half of our membership resides outside of North America.

Our Church is very much in favor of legislation that would make permanent the

religious worker non-immigrant visa program. As the law stands, the foreign religious worker program will expire in September of this year. The bill before you

would remove the sunset provision. I speak in favor of this bill because the religious

worker visa program is a vital part of the missionary effort of The Church of Jesus

Christ of Latter-day Saints.

The driving force behind Christian missionary work is the spiritual duty to witness of Jesus Christ and his gospel. The Church of Jesus Christ of Latter-day Saints

takes that charge very seriously. Today there are over 60,000 full-time missionaries

from our Church in over 160 countries around the world. While the majority of missionaries are from the United States, almost 15,000 missionaries are citizens of

other countries who are assigned by the President of our Church to serve in any

of those 160 countries, including the United States. Missionaries serve for a maximum of 24 months, which means that each year about 35,000 missionaries either

leave for or return from a mission. For example, my own two young sons recently

returned from their missions: one went to Malaysia, Singapore and Sri Lanka; and

the other spent two years among the Hispanic people in Orange County, California.

Between 1961 and 1962 I served a mission in Scotland. In my own congregation of

the Church in suburban Maryland, we have a young missionary serving from Singapore.

Later-day Saint missionaries acknowledge two restraints on their mandate to be

a missionary. The first restraint is the moral agency of all people with whom they

come in contact to choose their own beliefs for themselves. The second restraint is

obedience to the law, whose observance is a fundamental tenet of our faith. As stated in our 12th Article of Faith, ‘‘We believe . . . in obeying, honoring, and sustaining the law.’’

My testimony today will discuss the importance of the religious worker non-immigrant visa program to the missionary effort of The Church of Jesus Christ of Latterday Saints. I will summarize the use of the religious worker non-immigration visa

program by the Church, the advantages to the individual missionaries and to the

Church of having the religious worker non-immigrant visas available, and the careful measures the Church takes to ensure strict compliance with the rules governing

non-immigrants’ behavior and departure. I will also comment on possible arguments

that could be raised about abuse and mis-use of the religious worker non-immigrant

visa program. In sum, we seek your support for this legislation which would make

the religious worker non-immigrant visa program permanent.

1. USE OF THE R–1 VISAS

A significant minority of the Church’s 60,000 missionaries are citizens of other

countries. These young missionaries from outside the United States can be assigned

by the Church’s leadership to stay in their home country, or to serve in any of the

other 160 countries where the Church operates, including the United States. We

have sent missionaries from Australia to serve in Taiwan, and missionaries from

Japan to serve in Ukraine. Thus, any prospective missionary for the Church can be

sent almost anywhere in the world to serve for up to 24 months. Since 1960—prior

to the religious worker non-immigrant visa program—The Church of Jesus Christ

of Latter-day Saints has had a program for foreign missionaries to serve in the

United States and we have had young missionaries from almost every country in

the world perform their missionary service in this country. Of course, we also send

missionaries from the United States to those countries. The governments of those

countries have been very generous and accommodating in granting visas to our missionaries. Since its establishment ten years ago, the religious worker non-immigrant

visa program has helped our Church and the Latter-day Saint people to reciprocate

by inviting citizens of these foreign countries to perform their missionary service in

the United States. Thus, we encourage the Congress to be as accommodating to the

citizens of other countries by passing this bill.

2. ADVANTAGES OF USING THE R–1 VISAS

Being able to bring qualified members of The Church of Jesus Christ of Latterday Saints to the United States to serve as missionaries for 18 to 24 months results

in many advantages—not only to the individual missionaries but to our worldwide

Church as an institution. Many of these young missionaries are from countries in

which the The Church of Jesus Christ of Latter-day Saints has been established for

less than a generation. The missionaries are able to see how our Church, with its

volunteer lay leadership, operates in the United States and they return to their

19

home countries with this institutional knowledge, which in turn strengthens the

Church and its lay leadership infrastructure in these countries.

Young missionaries on religious worker non-immigrant visas generally have to

learn English. Not only to do become conversationally fluent during their two years

in the United States, but they often teach and hold leadership positions in their capacity as missionaries, which further improves their new language skills. Further,

the missionaries have the opportunity to develop leadership skills by working with

missionaries from all over the world. Often, this exposure to a new culture opens

up educational opportunities that they otherwise would not have.

3. MEASURES TAKEN TO ENSURE STRICT COMPLIANCE WITH VISA REGULATIONS

The Church of Jesus Christ of Latter-day Saints goes to great length to ensure

strict compliance with the regimen imposed by the Church as well as the rules and

regulations of the religious worker non-immigrant visa program. For example, no

missionaries sell anything, not even religious items, nor are they allowed to solicit

or accept donations for themselves or for the Church. Missionaries are not permitted

to date, marry or to work at any kind of employment; rather, they are engaged in

full-time, unpaid community service or religious teaching while serving on their missions. These rules apply to all of our missionaries worldwide, not just to missionaries serving in the United States under the religious worker non-immigrant visa

program.

All of our young missionaries in the 333 missions of the Church are supervised

carefully by a distinguished lay leader of The Church of Jesus Christ of Latter-day

Saints known as a Mission President. In addition, all missionaries are assigned a

companion, and the two perform their religious and community service together.

Again, it is the policy of The Church of Jesus Christ of Latter-day Saints that all

of these young missionaries serving in the United States under the religious worker

non-immigrant visa program return to their home countries promptly after their 24

month service as a missionary. When such a missionary completes his two-year mission, the Church purchases the missionary a one-way plane ticket home and the

Mission President sees the missionary off at the airport. In this fashion, The Church

of Jesus Christ of Latter-day Saints takes great care to ensure compliance with the

terms of the visa and the religious worker non-immigrant visa program.

REPLY TO POSSIBLE CONCERNS

We know that some may be concerned about possible abuses of the religious worker non-immigrant visa program. For example, there may be questions as to whether

religious worker non-immigrant visas are abused by applicants; whether sponsoring

organizations make false statements about the length of time that the applicant was

a member of the religious organization and the nature of the work to be done;

whether some religious worker non-immigrant visa applicants intend to do very little religious work, or stay past the date of expiration.

Please understand that The Church of Jesus Christ of Latter-day Saints makes

every effort to comply with both the spirit and the letter of the law. Latter-day Saint

missionaries and religious workers of many other denominations do not abuse the

religious worker non-immigrant visa program. Much good is done by religious workers in this country on non-immigrant visas.

Another possible concern is that religious workers will not be able to pay for medical care or living expenses, leaving any charges they may incur to be written off

by the hospital or landlord. Here again, The Church of Jesus Christ of Latter-day

Saints pays directly for medical insurance for all missionaries in the United States

on religious worker non-immigrant visas. These missionaries are supported financially from worldwide contributions to the Church’s missionary program. As stated

before, a Mission President is assigned to each area and is specifically charged with

supervising the missionaries. The Mission President’s staff makes sure that rent is

paid and a living allowance, which comes from member donations, is distributed

monthly. As a strict matter of policy (a) our missionaries do not accept donations

beyond an invitation to dinner, and (b) our missionaries on religious worker nonimmigrant visas fulfill their financial obligations without asking anyone outside of

our own faith for assistance.

CONCLUSION

The United States of America is a nation of diverse religions that protects freedom of religion. The religious worker non-immigrant visa program allows those of

different nations to witness firsthand the operations of religious freedom in the

United States of America. We have welcomed those of different countries and benefitted by our association with them. The opportunities afforded to The Church of

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Jesus Christ of Latter-day Saints and to our missionaries by use of the religious

worker non-immigrant visa program have strengthened international relationships

and provided education and experience in a setting not otherwise available.

When the religious worker non-immigrant visa program was first introduced ten

years ago, the three year renewal period was added because this visa was experimental. The religious worker non-immigrant visa program has proved to be very

successful. No other non-immigrant visa has to be renewed every three years, wasting time and resources that could be spent elsewhere. The time has come to make

the religious worker non-immigrant visa program a permanent part of the law.

Senator ABRAHAM. I want to thank all of our panelists today for

your testimony and for, I think, making a very compelling case. I

just have a couple of questions, and given some of the sentiments

expressed, some of these points have even been touched on.

I just wanted to perhaps make sure we had clear the number of

visas that your organizations estimate are used per year, if you

know that. And if you don’t, if we could find that out and provide

it later to the committee, it could be included in the record.

Cardinal Maida, if you have an estimate on that?

Cardinal MAIDA. It is about 1,000 to 1,200, according to our best

count.

Senator ABRAHAM. Rabbi Weil, as I said, we will keep the record

open.

The way the process works, just for those of you who are new as

witnesses, we also will leave the record open for other members, if

anyone wants to submit questions, for a couple of days. They will

have that chance. So we will submit this in writing, as well, for

your purposes.

Elder Hardy.

Elder HARDY. Right now, our church has slightly over 2,000 at

this present time in the country.

Senator ABRAHAM. One of the other questions I think that we

need to get on the record here is just an estimation or an analysis

of the impact that would happen on your organization if we weren’t

to move forward to reauthorize and extend these visas into the future.

What would be the impact of that?

Elder HARDY. Well, I think if it was not extended, I think the effect on our organization is really that our church, as established

overseas and where, as I indicated, it has been established for less

than a generation, would suffer because of the training that the

young men and women who come here on these visas are able to

receive in this country, and to observe and to work with the lay

leadership here and in building up the church there. As our church

everywhere is governed by its local people, they would suffer from

not having this opportunity of learning and leadership here.

Senator ABRAHAM. Rabbi Weil.

Rabbi WEIL. The ramifications would be catastrophic specifically

in the area of youth work and in primary and secondary education.

Close to a third of the educators come via this Act, via the Religious Workers Act, and we just have a shortage in the United

States of proper educators who have the pedagogic skills and who

are dynamic, and that is why we have this opportunity to work

with the kids both in school formally and after school. Just to be

repetitive, terribly catastrophic.

Senator ABRAHAM. Cardinal Maida.

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Cardinal MAIDA. In our church, we are involved in serving our

immigrants as they come into a new culture and a new country,

and we believe that their faith needs to be strengthened and within

the culture here they need to be sustained. I think it would be a

terrible, terrible mistake if this were not extended or made permanent because it is the poor people that would suffer, the people

most in need, most looking for direction.

If we are not there to help them and we don’t have the resources

to help these poor people, I just think it is shame on America. I

just think it would be very self-serving and I just think that the

spirit of America is not that kind of a spirit. I think we need to

have open hearts and open arms and welcome the people, and then

provide whatever resources we can to sustain them and help them.

It has worked in the past. We are an immigrant country, we are

an immigrant church, and we need to be there for our people.

Senator ABRAHAM. I agree. You know, I have to say it is interesting. I was trying as we have gone through this hearing today

and listened to each of you to sort of turn back the clock in my own

mind to our last reauthorization or extension of this program, remembering at the time as part of the hearing, but then later as

part of the negotiations to try to get an extension to occur as opposed to our unsuccessful efforts to make the program permanent,

hearing the array of concerns and criticisms, some of which Elder

Hardy in particular addressed here.

I have to make the statement that I am struck by the fact that

here we are several years later and I have neither seen nor have

I heard any evidence of the kinds of claims that had been made as

the basis for not making the program permanent back then. So

here we are again, I hope, for the last time, much as we appreciate

each of you being participants.

The one thing that does sort of unfortunately come into play in

this debate of making any of these categories either permanent or

broader, and so on, is a kind of broader issue that we have been

hearing lately in the immigration debates that we have had before

this committee and in Washington, of course, and that is the argument or contention that somehow immigrants, whether they are

temporarily here or permanently here, are weakening either our

culture or our economy, somehow taking away jobs, et cetera, and

in some way or another a net negative to America.

I just was wondering if each of you might just from the perspective of your own institutions comment on this topic, specifically

whether immigrants and their families are hurting or helping the

spiritual, the moral, the cultural, or the economic life of your

churches, your communities, or America.

Rabbi Weil, maybe we will start with you.

Rabbi WEIL. I would disagree with that one hundred percent. If

you look at the immigrants in the Jewish community, what they

have done is they have given flavor and life to the community.

They have carried their weight, they have been contributing members to society, and it has not been by taking other people’s jobs

away in no way, shape or form. I just have to disagree with those

attacks.

Senator ABRAHAM. Elder Hardy.

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Elder HARDY. Well, as has been mentioned by my brethren, we

are a nation of immigrants and the opportunity to have these nonimmigrant religious workers in this country increases the diversity,

the richness of our society, and the fabric of our society. Within our

own church, to have these young people here from other countries

certainly contributes to the richness of our own worship.

And, in addition, with regard to the issues of employment, as I

indicated in my statement, the young workers that come here are

not employed, are not taking any jobs from anyone in any way,

shape, or form, and are not in any employed by anybody and are

supported otherwise by the church.

Senator ABRAHAM. Cardinal Maida.

Cardinal MAIDA. I would like to perhaps focus on my own personal situation. My father came from Poland, an immigrant, at 16

years old. Three sons were born of the marriage. I am a Cardinal

in the Roman Catholic Church and serve the church locally in Detroit and nationally in the United States helping the Holy Father.

So I think I have opportunities here to make a great contribution

not only to our local community but to society and to our culture.

My brother is a priest, and he serves well in Pittsburgh and has

a large congregation and has a great spiritual influence upon the

people and the community. And my third brother is educated and

a big businessman in Pittsburgh and doing wonderful work and

has a marvelous family.

I just think that every immigrant has those opportunities in the

United States. That makes our land so special because we have

recognized, according to our Constitution, that we have been all endowed with our human dignity by God with inalienable rights, and

that every human being needs to be respected and given the opportunity. And we need to respect the immigrants and welcome them

into our society, into our fabric, and when we do that we all become

richer for it.

Senator ABRAHAM. Well said.

As I said at the outset, I don’t want to keep people here longer

than had been promised, and so I was going to refrain from the

lengthy opening statement that I would have otherwise given. But

I do want to conclude actually by drawing from the letter which the

Cardinal entered into the record that I received just a couple of

years ago from Mother Teresa.

She wrote me at that time and said, ‘‘Dear Senator Abraham, I

am writing to ask you to help us in solving a very urgent problem.

My Sisters in New York have told me that the law which allows

the Sisters to apply for permanent residence in the United States

expires on September 30, 1997. Please, will you do what you can

to have that law extended so that all religious workers will continue to have the opportunity to be permanent residents and serve

the people of your great country. It means so much to our people

to have Sisters who are understand them and their culture. It

takes a long time for a Sister to understand the people and a culture. So now our Society wants to keep our Sisters in their mission

countries on a more long-term basis. Please help us and our poor

by extending this law. I am praying for you and the people of

Michigan. My Sisters serve the poor in Detroit, where we have a

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soup kitchen and night shelter for women. Let us all thank God for

this chance to serve His poor.’’ Signed, ‘‘Mother Teresa.’’ I received this letter, as Cardinal Maida indicated, only a few

weeks ago before Mother Teresa died, and in honor of her great

deeds for humanity, I hope that this year we can finally extend the

religious workers provision of the Immigration and Naturalization

Act permanently. I think this hearing is an important step in that

process.

So I really look forward to working with my colleagues here on

the subcommittee and the full Judiciary Committee, as well as the

full Senate and ultimately the rest of Congress, to try to get this

job done once and for all. We have a lot of, I think, issues with respect to immigration, challenges that we confront. We have problems that we have to deal with. This subcommittee unfortunately

often hears from witnesses who talk about immigration problems,

whether it is illegal immigration or difficulties that have transpired

with respect to naturalizing citizens.

This is an area where we don’t have problems. It is an area

which enriches the United States. It is a set of visas that make a

difference to the spiritual life and the cultural life of our communities and that renews our religions who take advantage of it. And

inasmuch as there are no problems here, other than the simple

problem that the calendar runs out every so often to make this program non-existent requiring us to have to renew it, it just seems

to me that for once we ought to take the sort of action that is both

decisive and appropriate, and in this case it is to make the program permanent so that the problem of having to renew this program is no longer a problem.

We can do that. I look forward to working to achieve it, and I

want to commit to our witnesses today and those of you who have

taken the time to be with us that we are going to do our very best

to not only extend the program but to make it permanent. I want

to thank everybody for being here, and at this point we will adjourn the hearing.

Thank you all.

[Whereupon, at 3:43 p.m., the subcommittee was adjourned.]

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