In Society of the Divine Word v. U.S. Citizenship and Immigration Services, (7th Cir., Feb. 24, 2025), the U.S. 7th Circuit Court of Appeals held that USCIS regulations that makes the process for obtaining a immigrant worker status and subsequent permanent residence more difficult for temporary religious workers than other categories of temporary workers does not violate the Religious Freedom Restoration Act or the 1st Amendment. The court said in part:
Plaintiffs do not identify a belief or set of beliefs they have to violate because of the regulation. Instead, they offer a broader, structural argument—that the regulation places a substantial burden on their religious exercise because it allows for “undue Government interference” with their ability to “select and employ their own ministers.” Taking this claim on its own terms, it does not rise to the level of a substantial burden for purposes of stating a RFRA violation. There is no assertion that the regulation prevents Plaintiffs from practicing their religion. It does not require them to select or refrain from selecting any particular minister. And it does not otherwise pressure or coerce Plaintiffs into violating any tenet of their religion, as far as we can tell from the complaint and declarations. We agree with the district court that, at most, the regulation “requires employers to plan the timing of employment decisions based on immigration status, and potentially limits the pool of qualified applicants that plaintiffs can choose from if they fail to plan accordingly.” ... That is not a substantial burden on religious beliefs or practice....
