On the Juridic Implications of Excluding Undocumented Catholic Men without a Valid Employment Authorization under the Laws of the United States from the Ministry of the Presbyterate in the Territory of the Latin Dioceses of the United States of America
On the Juridic Implications of Excluding Undocumented Catholic Men without a Valid Employment Authorization under the Laws of the United States from the Ministry of the Presbyterate in the Territory of the Latin Dioceses of the United States of America
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Unlike other countries, millions of immigrants illegally present in the United States make a living: they study, work despite legal restrictions, pay taxes, get married, and have children. Like in other countries, the Catholic Church in the United States also experiences a shortage of presbyters. Thus, one may wonder what Canon Law would say to a diocesan bishop if he were to consider promoting to the presbyterate a candidate illegally present to serve his diocese in the United States. The author embarks upon the search of what would the just response be according to different scenarios.
In Chapter One, he explains basic terms of immigration law, sources of current statutory immigration laws, its constitutional roots, the plenary power doctrine, the federalization of immigration laws, and the competent courts that could come to judge the candidate on account of being present illegally or his bishop on account of hiring someone without a valid employment authorization.
In Chapter Two, the author expounds in legal terms how undocumented people come to remain illegally present and make a living. He illustrates what their life usually looks like and concludes Chapter Two by presenting the case of in re Garcia, where the Supreme Court of California held that someone undocumented without an employment authorization may become a licensed lawyer and exercise his or her practice in California.
In Chapter Three, the author explicates how from the fundamental rights the Christian faithful have of receiving the word of God and the sacraments they also have the right to the necessary priestly functions. Therefore, under certain conditions, the diocesan bishop may find himself with the juridic duty to have a candidate ordained to the presbyterate and serve his diocese regardless of his immigration status. The author concludes by addressing possible conflicts with immigration law.
Armando José Gutiérrez Argüello (San Salvador, 1977) earned a Bachelor of Science from the School of Industrial and Labor Relations at Cornell University (New York, 2002). He then moved to San Francisco, where he earned a Master of Arts in Theology and was ordained a priest for the Archdiocese of San Francisco (2012). Since 2021, he is a professor of Canon Law at St. Patrick’s Seminary and University. He defended his doctoral dissertation on March 29, 2022. He cooperated in the project of the English translation of Compendio di diritto amministrativo canonico (Roma 2009). Since September 2022, he teaches Canon Law in the Hispanic School of Leadership of the Archdiocese of San Francisco. Currently, he serves as the Priest-Secretary to the Archbishop and helps with different retreats in the Archdiocese.
