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Challenge To Religious Workers Visa Provisions Moves Ahead

By Howard M. Friedman

In Ruiz-Diaz v. United States, 2008 U.S. Dist. LEXIS 91967 (WD WA, Oct. 31, 2008), a Washington federal district court denied defendants' motion to dismiss a class action brought on behalf of certain foreigners in the United States who are seeking Religious Worker visas and by three religious organizations that employed them. The suit challenges a government regulation (8 CFR 245.2) that precludes applicants from filing for Adjustment of Status before their employer's visa application is approved. Plaintiffs were permitted to move ahead on their due process, equal protection, free exercise and Religious Freedom Restoration Act claims. (See prior related posting.)

Full post as published by Religion Clause on November 16, 2008 (boomark / email).