Illegal Immigration And The Catholic Church

I am a Catholic. I am also, however, against illegal immigration. I believe that we should clamp down harder on illegal immigrants and we should do more to protect our borders. Churches, whether they be Catholic, Protestant, Jewish or other, however, have a different duty, in society, than governments, police departments and citizens. A church's duty is to help people without regard to the person's past or current standing.

After an interview with Cardinal Mahony of the Catholic Church, the Los Angeles Times reported "In an interview on the eve of Ash Wednesday, Mahony said he planned to use the first day of the Lenten season to call on all 288 parishes in the Los Angeles Archdiocese, the nation's largest, to fast, pray and press for humane immigration reform. U.S. Roman Catholic bishops support proposals for a guest-worker program, legalization of undocumented immigrants and more visas for migrants' families.". The Times further reported that "In his most forceful comments to date, Mahony said he would instruct his priests to defy legislation -- if approved by Congress -- that would require churches and other social organizations to ask immigrants for legal documentation before providing assistance and penalize them if they refuse to do so. That provision was included in the immigration bill recently passed by the House of Representatives; a similar proposal is in the version that the Senate Judiciary Committee plans to begin debating this week.".

Cardinal Mahony stated "The whole concept of punishing people who serve immigrants is un-American. If you take this to its logical, ludicrous extreme, every single person who comes up to receive Holy Communion, you have to ask them to show papers. It becomes absurd and the church is not about to get into that. The church is here to serve people.... We're not about to become immigration agents. It just throws more gasoline on the discussion and inflames people."

In a letter to the Times a reader stated "It is time for the Internal Revenue service to look into the Catholic Church's tax-exempt status. It seems as though Cardinal Roger Mahony is getting involved in politics, and I thought that was a no-no."

I disagree with that reader. I don't believe that Cardinal Mahony is engaging in politics. He was not telling his parishioners what stance to take on illegal immigration, he was simply asking (not odering) his parishes to "fast, pray and press for humane immigration reform" and instructing his priests to continue to provide assistance to people without regard for their immigration status.

It is a priest's duty to assist people. To deny a person the sacraments of confession, communion, baptism, last rites, marriage, etc., or to deny financial aid or comfort in times of need, because that person may or may not be here legally or because that person may not be able to prove that he or she is here legally, would be unchristian and against the spirit of the Church. In my opinion, any priest that would deny aid based on immigration status, would not be fit to be called a priest.

Cardinal Mahony also stated that he disagreed with certain new laws and rules being proposed. I disagree with some of his statements, however this country's constitution guarantees freedom of speech, and I believe that he should be able to vocalise his thoughts and feelings, just like the rest of us. His being a Cardinal should not rob him of his right to free speech. He is not, after all, speaking of treason or hate and he is not stating that God told him to make his statements. He is not stating that God will punish those that do not follow his (Cardinal Mahony) wishes.

Cardinal Mahony advocates immigrant rights and I and many others disagree with many of the rights he advocates, however, he is a citizen of this country and no matter what his position or influence, should have the right to speak out on issues that he believes in. Politicians, celebrities, union leaders, billionairs, etc. all are allowed to speak out. Why should church leaders be prevented from speaking out?

Yes, the government should do everything it can in order to stop illegal immigration. No, churches should not be stopped from caring for their flock and they should not be stopped from caring for someone just because he or she may or may not be a citizen or a legal immigrant. The government's duties and the church's duties are not the same.

David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public. For more lifestyle information see http://lifestyle.resourcesforattorneys.com, the Lifestyle directory from Resources For Attorneys.

Canadian Immigration: Lock-in Dates

Please be aware that this article is accurate as of January 29, 2006 This article is intended to be used as general information only, not as legal advice.

Question:

I am applying as a skilled worker. I have two sons, aged 21 and 22 years of age, who I want to add as my dependent children on my application.

My application takes one and a half years to process, and by the time the immigration officer finally makes a decision regarding my case, you sons have finished their schooling, are no longer financially dependent on me, and are aged 23 and 24.

Are my two sons still eligible on my Canadian immigration application as "dependent children"?

Answer:

Yes.

Dependent Children

Non-Canadians are allowed to apply to immigrate to Canada in the "skilled worker" category, which assesses an applicant's ability to immigrate to Canada based on a combination of many factors, including work experience, education, and language ability.

Applicants in the skilled worker category are allowed to include their spouse and their and dependent children on their applications, in order to allow their spouse and dependent children to immigrate with them to Canada, if their application is successful.

For the purposes of skilled worker applications, "dependent children" are defined as including (among other factors), children who are less than 22 years of age, or children who are 22 years of age or more, but who have been substantially financially dependent on their applying parent since before reaching age 22, and who has also been, since before age 22, in school on a full-time or continuous basis.

However, one important factor which is not defined in the statutory rules is exactly when information regarding dependents is "locked in", or be "frozen" on the application form. In other words, will a child's age and financial dependency be calculated as of the application date, or as of the immigration officer's decision date, or as of some other date?

Lock-in Date for Age

The Canadian immigration officials (Citizen and Immigration Canada, or "CIC") has internal policies regarding the locking-in of age for children. Their rules make the lock-in date for dependent children of skilled workers the date of the application.

The CIC policy manual gives the following definition of lock-in date:

Lock-in date

The lock-in date is a reference point used to freeze certain factors for the purpose of processing applications. Neither the Act nor Regulations define it. It does not overcome any requirements of the Act and Regulations applicants must satisfy when an officer admits them...

Refugee and Economic class: Lock-in (of age) occurs when a visa officer has accepted a submission as an application...

This policy does not conflict with jurisprudence in this area (jurisprudence over-ruling CIC policy in cases of conflict).

Therefore, in the example above, your youngest son would continue to be eligible as your dependent child, even a year an a half after the date of application, for he was 21 at the time of the "lock-in" date for age.

Lock-in Date for Financial Dependency - NEW

In contrast to the lock-in date for age, in the past CIC maintained that the lock-in date for financial dependency was the date of the application being decided.

Therefore, in the example above, according to former Canadian immigration policy, your oldest son would not be eligible as your dependent child as of the day that an immigration officer made a decision on your file, one and a half years after you applied, for at that time he was no longer financially dependent on you, despite his financial dependency on the date of your application. Combined with his age, he would thus no longer be considered a "dependent child".

However, this has now changed, at least for the time being. In Hamid, a Federal Court of Canada court case decided in December 2005, the court held that, in the absence of a contrary statutory requirement, the lock-in date for financial dependency for the dependent children of skilled workers is the day of application. The court in Hamid explained that the lock-in date for age logically should also apply to that of financial dependency - that there is no principled reason for an applicant to be penalized for a delay in processing, for this is beyond an applicant's control.

Therefore, since Hamid, an applicant's children may be considered dependent children, and therefore allowed to remain on the applicant's application for a longer period of time.

Keep these points in mind

The following points are very important to keep in mind:

- This article is accurate as of January 29, 2006. The law changes often, so be sure that you are aware of the most current law. Please be in touch with me at any time in order to request information regarding the current law. I can be reached at skalman@canada-immigrate.ca.

- The new rules regarding the lock-in date for financial dependency applies to applicants under the skilled worker class only - it does NOT apply to applicants under the family class.

- The lock-in date applies for applications that are complete and in compliance with all statutory requirements. In other words, until an application made properly and fully, there is not lock-in date.

- Hamid will likely go to the Federal Court of Appeal, and once the case is heard at that court, there may be a decision that a different lock-in date is more appropriate than the date of application.

Sat-Sung Kalman is a Canadian immigration lawyer specializing in Canadian immigration, visitor, work, and study permits. You can reach Sat-Sung Kalman at www.canada-immigrate.ca

Canadian Immigration: Lock-in Dates

Please be aware that this article is accurate as of January 29, 2006 This article is intended to be used as general information only, not as legal advice.

Question:

I am applying as a skilled worker. I have two sons, aged 21 and 22 years of age, who I want to add as my dependent children on my application.

My application takes one and a half years to process, and by the time the immigration officer finally makes a decision regarding my case, you sons have finished their schooling, are no longer financially dependent on me, and are aged 23 and 24.

Are my two sons still eligible on my Canadian immigration application as "dependent children"?

Answer:

Yes.

Dependent Children

Non-Canadians are allowed to apply to immigrate to Canada in the "skilled worker" category, which assesses an applicant's ability to immigrate to Canada based on a combination of many factors, including work experience, education, and language ability.

Applicants in the skilled worker category are allowed to include their spouse and their and dependent children on their applications, in order to allow their spouse and dependent children to immigrate with them to Canada, if their application is successful.

For the purposes of skilled worker applications, "dependent children" are defined as including (among other factors), children who are less than 22 years of age, or children who are 22 years of age or more, but who have been substantially financially dependent on their applying parent since before reaching age 22, and who has also been, since before age 22, in school on a full-time or continuous basis.

However, one important factor which is not defined in the statutory rules is exactly when information regarding dependents is "locked in", or be "frozen" on the application form. In other words, will a child's age and financial dependency be calculated as of the application date, or as of the immigration officer's decision date, or as of some other date?

Lock-in Date for Age

The Canadian immigration officials (Citizen and Immigration Canada, or "CIC") has internal policies regarding the locking-in of age for children. Their rules make the lock-in date for dependent children of skilled workers the date of the application.

The CIC policy manual gives the following definition of lock-in date:

Lock-in date

The lock-in date is a reference point used to freeze certain factors for the purpose of processing applications. Neither the Act nor Regulations define it. It does not overcome any requirements of the Act and Regulations applicants must satisfy when an officer admits them...

Refugee and Economic class: Lock-in (of age) occurs when a visa officer has accepted a submission as an application...

This policy does not conflict with jurisprudence in this area (jurisprudence over-ruling CIC policy in cases of conflict).

Therefore, in the example above, your youngest son would continue to be eligible as your dependent child, even a year an a half after the date of application, for he was 21 at the time of the "lock-in" date for age.

Lock-in Date for Financial Dependency - NEW

In contrast to the lock-in date for age, in the past CIC maintained that the lock-in date for financial dependency was the date of the application being decided.

Therefore, in the example above, according to former Canadian immigration policy, your oldest son would not be eligible as your dependent child as of the day that an immigration officer made a decision on your file, one and a half years after you applied, for at that time he was no longer financially dependent on you, despite his financial dependency on the date of your application. Combined with his age, he would thus no longer be considered a "dependent child".

However, this has now changed, at least for the time being. In Hamid, a Federal Court of Canada court case decided in December 2005, the court held that, in the absence of a contrary statutory requirement, the lock-in date for financial dependency for the dependent children of skilled workers is the day of application. The court in Hamid explained that the lock-in date for age logically should also apply to that of financial dependency - that there is no principled reason for an applicant to be penalized for a delay in processing, for this is beyond an applicant's control.

Therefore, since Hamid, an applicant's children may be considered dependent children, and therefore allowed to remain on the applicant's application for a longer period of time.

Keep these points in mind

The following points are very important to keep in mind:

- This article is accurate as of January 29, 2006. The law changes often, so be sure that you are aware of the most current law. Please be in touch with me at any time in order to request information regarding the current law. I can be reached at skalman@canada-immigrate.ca.

- The new rules regarding the lock-in date for financial dependency applies to applicants under the skilled worker class only - it does NOT apply to applicants under the family class.

- The lock-in date applies for applications that are complete and in compliance with all statutory requirements. In other words, until an application made properly and fully, there is not lock-in date.

- Hamid will likely go to the Federal Court of Appeal, and once the case is heard at that court, there may be a decision that a different lock-in date is more appropriate than the date of application.

Sat-Sung Kalman is a Canadian immigration lawyer specializing in Canadian immigration, visitor, work, and study permits. You can reach Sat-Sung Kalman at www.canada-immigrate.ca