The Bishops Are Right to Sue the Federal Government over Refugee Resettlement

T alk about no good deed going unpunished. For 45 years, the Catholic Church in the United States has been helping the U.S. government resettle legally admitted refugees — not immigrants who have entered illegally — in this country. In fact, the U.S. Conference of Catholic Bishops (USCCB) and its subsidiaries and subrecipients (generally local branches of Catholic Charities) have assisted more than 930,000 refugees on the path to a new life of stability in America. That’s almost a million good deeds. And, for all that, the Trump administration halted refugee resettlement funding. The result: Catholic bishops took the rare and reluctant step of filing a lawsuit against the federal government.

Good for them.

What’s important to remember is that the Catholic Church and other nonprofit organizations have been doing this work under the 45-year-old, bipartisan Refugee Act of 1980. The act declared “that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, including, where appropriate, humanitarian assistance for their care.” The law specifically provides for monetary grants to private nonprofits and that “payments may be made for activities . . . in advance or by way of reimbursement.”

It should come as no surprise that the government partnered with the USCCB to serve refugee populations. The Catholic Church is the largest private provider of social services to men, women, and children in the United States. It simply made sense. Refugees who are acclimated into the country through programs supported by the Church are less likely to be dependent on the government and more likely to be self-sufficient — because they are offered a “hand up” rather than a “hand out.” A life of dignity and independence is the goal.

It also made good dollars and cents. The Church has always acted as a good steward; it is well known for its ability to stretch a dollar. In Maryland, for example, the average cost per student in public school classrooms is $19,820. In Catholic elementary/middle schools? The cost per student is less than half — $8,762. That same cost-effectiveness applies to ministry to migrants.

Yes, the USCCB receives government funding for the resettlement services; yet, as with many programs that serve the less fortunate, refugee resettlement work is not exactly a cash cow. Indeed, the USCCB’s annual audits make clear that the government contributions do not cover the costs of the migrants assigned to the Church for care: “Funds are not sufficient to cover the entire cost of these programs,” the USCCB website clearly states. It has been implied that the Church’s “bottom line” has benefitted from the migrant crisis — but that claim is not borne out by the numbers.

If the USCCB were only interested in its bottom line, it wouldn’t be engaged in the federal government’s resettlement refugee program. But then it wouldn’t be an organization engaged in the performance of the corporal works of mercy.

Even faithful Catholics who are aware of the Church’s work in this area can find this current controversy confusing. Part of the problem is distinguishing the mass of unrestricted illegal immigration at our southern border from those legal immigrants admitted to the country through the U.S. Refugee Admissions Program (USRAP). The two groups are distinct, and each has distinct legal status. Those refugees who arrive in the United States under USRAP are screened, vetted, and approved prior to their entry into the country. And for those who have arrived illegally after being essentially invited here by the Biden administration, the Church would provide basic humanitarian aid — no less than we would give to those incarcerated.

Already, the administration’s decision to suspend financial support has resulted in the involuntary departure of dozens of employees from the USCCB’s Office of Migration & Refugee Services. That’s more than half the staff. And approximately 7,000 refugees assigned to the USCCB — who, again, entered the country legally and were in the 90-day transition period towards resettlement — have been largely left without resources.

Which explains why the Catholic bishops went to court. Like most religious nonprofit organizations, Church leadership tends to avoid legal battles. They can be costly and time-consuming, and there are more important things to do. But there was really no choice here.

The judge declined to grant the temporary restraining order sought by the USCCB on the grounds that the bishops had not sufficiently shown “irreparable harm.” The case now goes to mediation, with both the bishops and the Trump administration asked to offer proposed solutions to the stalemate before the preliminary injunction hearing on February 28.

Whatever the outcome of the case, the Catholic Church’s mission to assist legally admitted refugees is clear and convincing. Even if the government will no longer continue to support that program financially, the people in the pews — and all people of good will — should have no qualms.