under any of the grounds of exclusion as set forth in section 212(a) of the Immigration and Nationality Act, as amended. The central office, Immigration and Naturalization Service, set forth the criteria to be considered in determining what is a religious denomination in a visa petition proceeding decided March 16, 1953. (In the Matter of N-) The criteria are: Is the organization incorporated under the laws of individual States; is it a worldwide religious organization having a distinct legal existence; a recognized creed in form of worship; a definite and distinct ecclesiastical government; a formal code of doctrine and discipline; a distinct religious history; a membership, not associated with any other church or denomination; officers ministering to their congregation, ordained by a system of selection after completing prescribed courses of training; a literature of its own; established places of religious worship; religious congregations and religious services; a school for the religious instruction of the young; schools for the preparation of its ministers who, in addition to conducting religious services, perform marriage ceremonies, bury the dead, christen children, and advise and instruct the members of their congregation. The Department of State has outlined the manner in which the terms specified in the bill would be interpreted. The terms "brother," "nun," and "sister" generally include a person with a commitment to a religious organization involving a dedication of one's time, talents, and energies to a full-time vocation in furtherance of the objectives of the religious denomination. The most conspicuous examples would be monks and nuns of the Roman Catholic Church and other Christian denominations such as Anglican, Lutheran, and Greek Orthodox, with a historical tradition of religious orders. Another example would be Buddhist monks and nuns. The term "missionary" includes a person with a religious commitment who is engaged in the propagation of the faith of a religious organization and is not necessarily limited to "ministers". Thus, within the term "missionary" would be those persons assigned by a recognized mission board to full-time functions which are related to the propagation of the faith, but not necessarily to the conduct of religious services, in such institutions as mission schools and hospitals. Heretofore, such full-time religious workers coming from undersubscribed countries in Western Europe have been able to enter the United States as nonpreference immigrants or, most recently, have been able to qualify for third or sixth preference under the act of October 3, 1965. However, it is now apparent, in view of the oversubscription of both of these preferences, many such persons will encounter long delays in obtaining immigrant visas. The committee is cognizant of the fact that schools, orphanages, hospitals, and other institutions maintained by religious organizations are dependent upon the services of religious workers such as nuns and missionaries. It is fair and reasonable that special immigrant status be extended to missionaries, nuns, brothers, and sisters, since the work they perform, as with ministers of religion, and the benefits that they can bring to this country are deserving of such consideration in the form proposed by this bill. By granting special immigrant status, the beneficiaries of this bill would be exempt from the labor certification under section 212(a)(14) of the Immigration and Nationality Act, as amended. It is pertinent to note, however, that the Secretary of Labor has exempted from the requirement of an individual certification, persons with religious commitments entering the United States to pursue their work in religious institutions under criteria set forth in schedule A, group III (29 CFR 60). The Secretary of Labor has taken notice that such persons do not compete in the labor market and that their services are urgently needed by a religious organization in the United States. Officials of the Department of State and the Department of Justice appeared before the committee in support of H.R. 15450 (serial No. 16, 90th Cong.). A report, dated March 15, 1968, from the Assistant Secretary for Congressional Relations, Department of State, reads as follows: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, DEPARTMENT OF STATE, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Secretary Rusk has asked me to reply to your letter of March 6, enclosing for the Department's study and report a copy of H.R. 15450, a bill to amend section 101 (a) (27) (D) of the Immigration and Nationality Act. The bill would, if enacted, exempt from the numerical limitations on immigration any immigrant who continuously for at least 2 years immediately preceding the time of his application for admission to the United Srates has been, and seeks to enter the United States solely for the purpose of, serving as missionary, brother, nun, or sister of a religious denomination and whose services are needed by such religious denomination having a bona fide organization in the United States, and the spouse or child of any such immigrant, if accompanying or following to join him. The Department is sympathetic to the objectives of this legislation. The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary for Congressional Relations. A report, dated March 20, 1968, from the Deputy Attorney General reads as follows: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. MARCH 20, 1968. DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice on H.R. 15450, a bill to amend section 101 (a) (27) (D) of the Immigration and Nationality Act. This bill would amend section 101(a) (27) (D) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (27) (D)) in such a manner as to make its provisions applicable to a person who is "serving as a missionary, brother, nun, or sister of a religious denomination."' Section 101 (a) (27) (D) of the existing law describes one of the classes of "special immigrant" as a person who is carrying on the vocation of minister of a religious denomination. Such a person must establish that for 2 years immediately preceding his application for admission to the United States he has been engaged in such pursuit, that he is seeking to enter the United States for the purpose of carrying on such vocation, and that his services are needed by such religious denomination having a bona fide organization in the United States. The spouse or child of any such immigrant, if accompanying or following to join him, would also be eligible for special immigrant classification. By inserting the new proposed language, quoted above, in section 101 (a) (27) (D) the same conditions and privileges would be made applicable by the bill to a person serving as a missionary, brother, nun, or sister of a religious denomination. By classifying such persons as special immigrants, they would be excluded from the computation of the numerical annual limitation upon issuance of visas to immigrants described in sections 201 and 202 of the act (8 U.S.C. 1151, 1152). This result is apparently intended to overcome the possible lack of nonpreference visa numbers after July 1, 1968, when the system described in the act of October 3, 1965 (Public Law 89-236, 79 Stat. 911), becomes effective. The availability of such visa numbers and the situation with respect to the various classes of immigrants throughout the world is a matter concerning which the Department of Justice defers to the Department of State. While there is no objection to the enactment of this bill the question whether this legislation should be enacted involves policy considerations as to which the Department of Justice makes no recommendation. The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, WARREN CHRISTOPHER, The committee is of the opinion that H.R. 15450, as amended, should be enacted and accordingly recommends that the bill do pass. CHANGES IN EXISTING LAW In compliance with paragraph 2 of clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (new matter is printed in italic, matter proposed to be omitted is printed in black brackets, existing law in which no change is proposed is printed in roman). SECTION 101(a) (27) OF THE IMMIGRATION AND NATIONALITY ACT SEC. 101. (a) (27) The term "special immigrant" means- (A) an immigrant who was born in any independent foreign country of the Western Hemisphere or in the Canal Zone and the spouse and children of any such immigrant, if accompanying, or following to join him: Provided, That no immigrant visa shall be issued pursuant to this clause until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(14); "(B) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; "(C) an immigrant who was a citizen of the United States and may, under section 324 (a) or 327 of title III, apply for reacquisition of citizenship; "(D)(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination or serving as a missionary, brother, nun, or sister of a religous denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him; or "(E) an immigrant who is an employee, or an honorably retired former employee, of the United States Government abroad, and who has performed faithful service for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign Service establishment, in his discretion, shall have recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status." SECTION 204(a) OF THE IMMIGRATION AND NATIONALITY ACT SEC. 204. (a) Any citizen of the United States claiming that an alien is entitled to a preference status by reason of the relationships described in paragraphs (1), (4), or (5) of section 203 (a), or to an immediate relative-status under section 201(b), or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference status by reason of the relationship described in section 203 (a) (2), or any alien desiring to be classified as a preference immigrant under section 203 (a) (3) (or any person on behalf of such an alien), or any person desiring and intending to employ within the United States an alien entitled to classification as a preference immigrant under section 203 (a) (6), or any religious denomination having a bona fide organization in the United States desiring to have an alien classified as a special immigrant under section 101(a)(27) (D), may file a petition with the Attorney General for such classification. The petition shall be in such form as the Attorney General may be regulations prescribe and shall contain such information and be supported by such documentary evidence as the Attorney General may require. The petition shall be made under oath administered by any individual having authority to administer oaths, if executed in the United States, but, if executed outside the United States, administered by a consular officer or an immigration officer. MINORITY VIEWS OF HON. BASIL L. WHITENER I cannot concur in the action taken by my committee colleagues. I oppose H.R. 15450, as amended. As I understand the proposal it is intended to confer a preferred status under our immigration laws on any person who qualifies as "a missionary, brother, nun, or sister of a religious denomination." The majority report fails to detail or explain the need for the grant of this special immigrant status except to say that "schools, orphanages, hospitals, and other institutions maintained by religious organizations are dependent upon the services of religious workers such as nuns and missionaries." The hearings on H.R. 15450 failed to disclose any factual basis for this conclusion (immigration hearings before Subcommittee No. 1, House Committee on the Judiciary, 90th Cong., second sess., serial No. 16). In addition to the questionable policy of the bill, the language of the measure is vague and lends itself to potential abuse by a variety of self-styled "missionaries" and other applicants for special immigrant status. The bill presents the further difficulty of requiring administrative determinations concerning the bona fides of all sorts of "religious denominations." Such determinations confront our constitutional guarantee of freedom of religious worship without judicial or executive interference. This is graphically illustrated by the decision in Fulwood v. Clemmer 206 F. Supp. 370 (DC DC 1962), in which the principle was again enunciated that it is not the function of the court to look behind the merits or fallacies of a religion. In that case, the U.S. District Court for the District of Columbia held that certain inmates at the Lorton Reformatory were members of a religious denomination even though they were avowed "Black Muslims" and that they were entitled to conduct meetings which the inmates claimed were religious services. The court stated: Under freedom of religion in this country a person has an absolute right to embrace the religious belief of his choice. The Constitution does not define "religion" and reference to standard sources of the meaning of words indicates that there is not complete agreement on even a definition of the term. Nor is it the function of the court to consider the merits or fallacies of a religion or to praise or condemn it, however excellent or fanatical or preposterous it may be. Whether one is right about his religion is not a subject of knowledge but only a matter of opinion (p. 373). I anticipate that administration of the immigration amendments proposed by H.R. 15450, as amended, will encounter difficult problems of classification and definition and may also involve us in a substantial constitutional dilemma. Any benefit to be derived from its enactment is overshadowed by these considerations. (7) |