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 by Armando José Gutiérrez Argüello (review)

The author presents a dense doctoral dissertation on a topic of significance in the United States and elsewhere in an era of ongoing immigration. The work is meticulously researched and artfully presented. The particular situation at the core of the study is the question of ordaining a man who remains unlawfully present in the United States without an employment authorization. As a consequence of his status, he is subject to removal from the country at any time. Although painted in the laws of one nation, this situation may be extrapolated to any place facing a similar question.

The first half of the text is an excruciatingly detailed summary of United States immigration law and policy as it existed at the time of writing. The author gives a colorful, relevant, and helpful historical background before launching into recent developments in immigration law and regulatory policy. This offers an encyclopedic introduction to anyone eager to learn more about the development of immigration law and policy in the United States, but of course the reader must be careful to continue their research in an area of evolving case law and practice: any study is only a snapshot of the law at a given moment.

The second half of the work presents a meandering analysis of canonical rights and duties in light of the dignity of the human person and of the baptized, and the obligation of providing the sacraments. The author concludes that there exists a "juridic duty of the diocesan bishop to provide presbyters for his diocese," and a "generic duty" to ordain priests from among the Christian faithful of that diocese. He argues that this may be fulfilled in the situation of an undocumented immigrant by considering the usefulness of the man to serve the Church, whether within the diocese or in service to a diocese in another country.

There is no federal or state law, the study points out, that prohibits the admission of an undocumented man to a private school or university, including a seminary, but the canonical question is whether such a man can be seen as capable of dedicating himself permanently to sacred ministry if he is subject to removal from the country at any moment. For the author, the answer must consider his ability to serve in a diocese outside the country, thus demonstrating "usefulness" for ministry.

The central issue presented under US immigration law is the absence of employment authorization for an undocumented man if he is ordained a diocesan priest. Although this precludes compensation as an employee, the author concludes that such a man could be ordained and appointed to an ecclesiastical office without creating an employer-employee relationship (by paying him as an independent contractor, for instance).

Lest we consider the issue in this study to be marginal, consider that the author calculated that, at the end of 2015, "at least 639,729 undocumented Catholic single men, between the ages of 18 and 44, [were] living in the United States without an employment authorization." This number has certainly grown since then.

This is an important and masterful study, comprehensive in its scope and illuminating in its approach. Even if it is easy to become entangled in the lengthy presentations, and even if some of the conclusions may raise questions, this helpful study deserves a careful read from those interested in the issue.