Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.