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New DHS rule aims to shorten visa wait times abroad for religious workers serving US congregations

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New DHS rule aims to shorten visa wait times abroad for religious workers serving US congregations
News

News

New DHS rule aims to shorten visa wait times abroad for religious workers serving US congregations

2026-01-15 08:48 Last Updated At:08:50

WASHINGTON (AP) — At a time of tightening immigration restrictions, the Department of Homeland Security is attempting to make it easier for visa-holding religious workers to serve their U.S. congregations with less disruption.

DHS announced on Wednesday a regulatory change aimed at reducing visa wait times abroad for the foreign nationals many U.S. religious communities depend on to serve as pastors, priests, nuns, imams and rabbis. These religious workers face a yearslong backlog to obtain legal permanent U.S. residency, but congregations can bring them into the country on temporary visas called R-1.

DHS introduced a fix to one issue affecting clergy that advocates had requested — removing the requirement for R-1 religious workers to leave the U.S. for one year after reaching their five-year visa maximum. That visa time used to be plenty to get a green card, but in 2023 the government made a change in processing that lengthened it so much most had to leave the country. Now, they will still need to depart the U.S. but can apply to re-enter right away.

“We are taking the necessary steps to ensure religious organizations can continue delivering the services that Americans depend on,” the DHS statement said. “Pastors, priests, nuns, and rabbis are essential to the social and moral fabric of this country. We remain committed to finding ways to support and empower these organizations in their critical work.”

The DHS rule loosens an immigration restriction at a time when the Trump administration has tightened many other immigration pathways. The DHS statement emphasized a commitment to protecting religious freedom and minimizing disruptions to faith-based communities.

“It’s a huge deal,” said Lance Conklin, a Maryland immigration attorney who represents evangelical churches with R1 visa holders. “It would potentially allow people not to disrupt the organization by having someone have to leave for a year, because that’s a major imposition now.”

The U.S. Conference of Catholic Bishops called it a “truly significant step to support essential religious services in the United States.”

In a joint statement, Archbishop Paul Coakley, the USCCB president, and Bishop Brendan Cahill, chair of the USCCB committee on migration, expressed their gratitude for the administration's work on the issue. “The value of the Religious Worker Visa Program and our appreciation for the efforts undertaken to support it cannot be overstated."

“Hallelujah!” said Olga Rojas, immigration counsel for the Archdiocese of Chicago. “We’re happy the administration made this change. It is helpful to us so we don’t have to lose valued religious workers that are contributing so much to our parishes and schools.”

The U.S. Catholic Church has long relied on foreign-born clergy amid a priest shortage. Other traditions, ranging from Buddhism to Pentecostal Christianity, also recruit foreign-born clergy to serve growing non-English-speaking congregations or because they have specialized training from international institutions steeped in the religion’s history.

The five-year R1 visa used to provide enough time for congregations to petition for green cards under a special category called EB-4, which would allow the clergy to become permanent residents.

Congress sets a quota of green cards available per year divided into categories, almost all based on types of employment or family relationships to U.S. citizens. In most categories, the demand exceeds the annual quota.

Citizens of countries with especially high demand get put in separate, often longer “lines,” where it can take decades to process applications.

Also in a separate line were migrant children with “Special Immigrant Juvenile Status” — neglected or abused minors — from Guatemala, Honduras and El Salvador. Hundreds of thousands sought humanitarian green cards or asylum after illegally crossing into the U.S. since the mid-2010s, though the Trump administration recently cracked down on the program.

In March 2023, the State Department under President Joe Biden suddenly started adding the minors to the general green card queue with the clergy.

It created new backlogs that threatened the ability of religious workers to remain in the United States. No exact numbers exist, but it is estimated that thousands of religious workers are backlogged in the green card system or haven’t been able to apply yet.

In summer 2024, the Catholic Diocese of Paterson, New Jersey, and five of its affected priests sued DHS, the Department of State and the U.S. Citizenship and Immigration Services. The lawsuit argued that the 2023 change “will cause severe and substantial disruption to the lives and religious freedoms” of the priests and the faithful they serve. The lawsuit was voluntarily dismissed in fall 2025 “to allow for Agency action and/or rulemaking that will render moot the relief Plaintiffs sought from the Court,” according to court documents.

“We’re getting the resolution we wanted, which is ultimately keeping the priests in the United States,” Raymond Lahoud, the diocese’s attorney in the lawsuit, said Wednesday. “But the underlying issue is they still have to wait a decade for a green card. So the uncertainty continues until Congress will work together on comprehensive immigration reform.”

In spring 2025, a bipartisan bill was introduced in the U.S. Senate and House calling for a small fix similar to Wednesday’s DHS rule, allowing for an extension of religious workers’ visas as long as their green card application is pending.

Dell'Orto reported from Minneapolis.

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

FILE - The Rev. Athanasius Abanulo, from Nigeria, celebrates Mass at Holy Family Catholic Church in Lanett, Ala., on Sunday, Dec. 12, 2021. He is one of numerous international clergy helping ease a U.S. priest shortage by serving in Catholic dioceses across the country. (AP Photo/Jessie Wardarski, File)

FILE - The Rev. Athanasius Abanulo, from Nigeria, celebrates Mass at Holy Family Catholic Church in Lanett, Ala., on Sunday, Dec. 12, 2021. He is one of numerous international clergy helping ease a U.S. priest shortage by serving in Catholic dioceses across the country. (AP Photo/Jessie Wardarski, File)

DENVER (AP) — A Colorado appeals panel on Wednesday seemed skeptical that a judge could use former county clerk Tina Peters' insistence on spreading election conspiracy theories as part of the reason to sentence her to nine years in prison for orchestrating a data breach of election equipment.

The three-judge panel was dismissive of many of the arguments made by Peters' attorneys. But they grilled the state's lawyer over the trial judge reciting Peters' false statements about elections in handing down her sentence.

“The court cannot punish her for her First Amendment rights,” Appeals Judge Craig Welling said.

The remarks are significant because President Donald Trump has embraced Peters, who was trying to find evidence of the fraud that he continues to claim, without evidence, caused him to lose the 2020 presidential election. He's threatened Colorado with the loss of federal funding if it does not release her and even issued a pardon of her last month, although she was convicted on state crimes that he cannot erase.

Peters’ lawyers have said Trump does have the authority to pardon her, arguing that President George Washington issued pardons to people convicted of both state and federal crimes during the Whiskey Rebellion in 1795. But that argument did not even come up during oral arguments as they appealed her sentence Wednesday.

A member of her legal team, Peter Ticktin, said they didn’t have time to argue about the pardon during the 30 minutes allotted by the court. But he also said he thinks Gov. Jared Polis will grant Peters clemency, based on his recent comments. Polis, a Democrat, has said he would consider granting clemency for Peters, characterizing her sentence as “harsh.”

The former clerk in Mesa County, in the far western part of Colorado, was convicted of state crimes for orchestrating a data breach of the county's elections equipment, driven by false claims about voting machine fraud after Trump lost his reelection bid. She is serving a nine-year sentence at a state prison in Pueblo after being convicted in 2024 in her home county, a Republican stronghold that supported Trump.

Prosecutors said Peters became fixated on voting problems after becoming involved with activists who had questioned the 2020 presidential election results, including Douglas Frank, an Ohio math teacher, and MyPillow founder Mike Lindell.

Peters used another person's security badge to allow a former surfer affiliated with Lindell, Conan Hayes, to watch a software update of her county's election management system. Prosecutors said he made copies of the system's hard drive before and after the upgrade, and that partially redacted security passwords later turned up online, prompting an investigation. Hayes was not charged with any wrongdoing.

Peters didn't deny the deception but said she had to do it to make sure election records weren't erased. She claims she should not have been prosecuted because she had a duty under federal law to preserve them — a contention that drew sharp skepticism from Wednesday's panel.

Instead, the three judges all expressed concern about District Court Judge Matthew Barrett's statements during Peters' sentencing. He called her a “charlatan” and said she posed a danger to the community for spreading lies about voting and undermining the democratic process.

Senior Assistant Attorney General Lisa Michaels said Barrett was responding to a lengthy presentation Peters had just concluded during the sentencing hearing, repeating the debunked election conspiracy theories that she was trying to prove.

“She made it relevant,” Michaels said of Peters. “She had a slideshow. She had pages and pages going on about this.”

Michaels contended that Barrett made clear in the sentencing that he was imposing a sentencing her for the specific crimes she was convicted of at trial. But the elements of one of those, a felony conviction for criminal impersonation, was improperly presented to the jury with language for the misdemeanor version of the crime, another element of her case that alarmed the panel's judges.

Last month, Peters lost an attempt in federal court to be released from prison while she appeals her conviction.

Her lawyers say she also is entitled to at least a new sentencing hearing because Barrett based his sentence partially on a contempt conviction in a related case that the appeals court threw out last year. They also are asking the appeals court to recognize Trump's pardon and immediately set Peters free.

Peters’ release has become a cause celebre in the election conspiracy movement.

Trump has lambasted both Polis and the Republican district attorney who brought the charges, Dan Rubinstein, for keeping Peters in prison. The Federal Bureau of Prisons tried but failed to get Peters moved to a federal prison.

Jake Lang, who was charged with assaulting a police officer during the Jan. 6, 2021, attack on the U.S. Capitol and was later pardoned by Trump, announced on social media last month that “January 6er Patriots” and U.S. Marshals would storm a Colorado prison to release Peters unless she is freed by the end of this month.

The post included a phone video interview with Peters from behind bars. But a message on Peters' X account said she is not affiliated with any demonstration or event at the prison and denounced any use of force against it.

Associated Press writer Nicholas Riccardi contributed to this report.

Attorney John Case talks to reporters after a hearing to urge a state appeals court to overturn the convictions against former Colorado elections clerk and Donald Trump ally Tina Peters for orchestrating a data breach of her county's elections equipment Wednesday, Jan. 14, 2026, in Denver. (AP Photo/David Zalubowski)

Attorney John Case talks to reporters after a hearing to urge a state appeals court to overturn the convictions against former Colorado elections clerk and Donald Trump ally Tina Peters for orchestrating a data breach of her county's elections equipment Wednesday, Jan. 14, 2026, in Denver. (AP Photo/David Zalubowski)

Attorney John Case, left, talks to reporters after a hearing to urge a state appeals court to overturn the convictions against former Colorado elections clerk and Donald Trump ally Tina Peters for orchestrating a data breach of her county's elections equipment Wednesday, Jan. 14, 2026, in Denver. (AP Photo/David Zalubowski)

Attorney John Case, left, talks to reporters after a hearing to urge a state appeals court to overturn the convictions against former Colorado elections clerk and Donald Trump ally Tina Peters for orchestrating a data breach of her county's elections equipment Wednesday, Jan. 14, 2026, in Denver. (AP Photo/David Zalubowski)

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