Guidelines for Receiving Pastoral Ministers in the USA

Guidelines for Receiving Pastoral Ministers in the United States

Third Edition

Committees on: Clergy, Consecrated Life and Vocations; Cultural Diversity in the Church; the Protection of Children and Young People; Canonical Affairs and Church Governance

United States Conference of Catholic Bishops

Guidelines for Receiving Pastoral Ministers in the United States

Third Edition

Committees on: Clergy, Consecrated Life and Vocations; Cultural Diversity in the Church; the Protection of Children and Young People; Canonical Affairs and Church Governance

United States Conference of Catholic Bishops

Washington, DC

Guidelines for Receiving Pastoral Ministers in the United States, Third Edition was developed as a resource by the Committees on: Clergy, Consecrated Life and Vocations; Cultural Diversity in the Church; the Protection of Children and Young People; and Canonical Affairs and Church Governance of the United States Conference of Catholic Bishops (USCCB). It was approved by the committee chairmen, Bishop Michael F. Burbidge, Bishop R. Daniel Conlon, Bishop Daniel E. Flores, and Archbishop Timothy P. Broglio, JCD, and authorized for publication by the Administrative Committee at its September 2014 meeting. It has been directed for publication by the undersigned. Msgr. Ronny Jenkins General Secretary, USCCB

Excerpts from the Code of Canon Law: Latin-English Edition, New English Translation copyright © 1998, Canon Law Society of America, Washington, DC, are reprinted with permission. Excerpt(s) from the Code of Canons of the Eastern Churches: Latin-English Edition, New English Translation copyright © 1995, Canon Law Society of America, Washington DC. Used with permission. All rights reserved. Excerpts from Pope John Paul II’s April 23, 2002 Address, Encyclical Letter Redemptoris Missio , Post Synodal Apostolic Exhortation Ecclesia in America , Encyclical Letter Fides et Ratio , Encyclical Letter Redemptoris Missio , and excerpts from Pope Francis’s Apostolic Exhortation Evangelii Gaudium are taken from the Vatican website and copyright © Libreria Editrice Vaticana (LEV), Vatican City State. Used with permission. All rights reserved. Excerpt(s) from the Second Vatican Council’s Pastoral Constitution on the Church in the Modern World (Gaudium et Spes) are taken from the Vatican website and copyright © 1965 Libreria Editrice Vaticana (LEV), Vatican City State. Used with permission. All rights reserved. Excerpt from the Congregation of Catholic Education’s Guidelines for the Use of Psychology in the Admission and Formation of Candidates for the Priesthood taken from the Vatican website and copyright © 2008 Libreria Editrice Vaticana (LEV), Vatican City State. Used with permission. All rights reserved. Copyright © 2014, United States Conference of Catholic Bishops, Washington DC. All rights reserved.

Cover image © 123RF.

First printing, October 2014

ISBN 978-1-60137-462-2

Contents

Abbreviations and Acronyms . . . . . . . . . . . . . . . . vi Religious Terms . . . . . . . . . . . . . . . . . . vi US Legal and Governmental Terms . . . . . . . . . . . . . vi

INTRODUCTION

I. Historical Perspective and Current Situation . . . . . . . . . . A-1 II. Theological Framework: Understanding the Exchange of International Pastoral Ministers: The Context of Faith . . . . . . . . . . . . A-1 III. Grace and Challenge: Understanding the Graces and Challenges in the Exchange of International Pastoral Ministers . . . . . . . . . . . A-3 Graces for the Receiving Churches . . . . . . . . . . . . . A-3 Challenges for Receiving Churches . . . . . . . . . . . . . A-4 Graces for International Pastoral Ministers . . . . . . . . . . . A-4 Challenges for International Pastoral Ministers . . . . . . . . . . A-5 IV. Purpose, Scope, and Overview . . . . . . . . . . . . . . A-5 PART I ASSESSMENT AND ACCEPTANCE Canon Law Considerations . . . . . . . . . . . . . . . . B-1 Determination of an Ecclesial Need . . . . . . . . . . . . . B-1 Initiating a Formal Process for Priests and Deacons . . . . . . . . . B-2 Establishing a Personnel File . . . . . . . . . . . . . . B-2 Written Agreement on the Terms of Service . . . . . . . . . . B-3 Incardination/Ascription . . . . . . . . . . . . . . . B-4 Case Study 1 . . . . . . . . . . . . . . . . B-5 Special Consideration for Married Eastern Catholic Priests . . . . . . . B-5 Special Considerations for Seminarians . . . . . . . . . . . . B-5 Additional Considerations for Members of Institutes of Consecrated Life and Societies of Apostolic Life . . . . . . . . . . . . . . . B-6 Individual Member . . . . . . . . . . . . . . . . . B-6 A House or Community of an Institute or Society . . . . . . . . . B-6 Case Study 2 . . . . . . . . . . . . . . . . B-7 Frequently Asked Questions . . . . . . . . . . . B-7 Civil Law Considerations—Immigration Law . . . . . . . . . . . C-1 A. Receiving Religious Workers and Students . . . . . . . . . . C-1 B. Types of Visas . . . . . . . . . . . . . . . . . . C-2 C. Application Procedures for Religious Workers . . . . . . . . . . . . . . . . . . . C-3 D. Foreign Student Visas . . . . . . . . . . . . . . . . C-4 E. Considerations and Potential Problems . . . . . . . . . . . C-6

Case Study 1 . . . . . . . . . . . . . . . . C-8 Case Study 2 . . . . . . . . . . . . . . . . C-9 Frequently Asked Questions . . . . . . . . . . . C-9

iii

Civil Law Considerations—Financial Law . . . . . . . . . . . . D-1 Introduction . . . . . . . . . . . . . . . . . . . . D-1 Terminology . . . . . . . . . . . . . . . . . . . . D-1 Organizations Authorized to Sponsor International Religious Workers . . . . D-1 Responsibilities of Church Employers . . . . . . . . . . . . . D-1 Employment Status Determination . . . . . . . . . . . . . . D-2 Social Security Number . . . . . . . . . . . . . . . . . D-2 Individual Taxpayer Identification Number . . . . . . . . . . . D-2 Case Study 1 . . . . . . . . . . . . . . . . D-2 Written Agreement . . . . . . . . . . . . . . . . . . D-3 General US Income Tax Concepts . . . . . . . . . . . . . . D-3 Common Exclusions from Income . . . . . . . . . . . . . . D-4 Special Rules for Clerics . . . . . . . . . . . . . . . . D-4 Taxation of Members of Religious Orders . . . . . . . . . . . . D-5 Classification of International Religious Workers and Seminarians for US Tax Purposes . D-5 Resident Alien vs. Nonresident Alien Status . . . . . . . . . . . D-5 Tax Obligations of Resident Aliens . . . . . . . . . . . . . . D-7 FBAR Obligations of Resident Aliens . . . . . . . . . . . . . D-8 Tax Obligations of Nonresident Aliens . . . . . . . . . . . . D-8 Treaty Exceptions . . . . . . . . . . . . . . . . . . D-10 Departing the United States . . . . . . . . . . . . . . . D-11 Basic Tax Exemption Concepts . . . . . . . . . . . . . . . D-11 Case Study 2 . . . . . . . . . . . . . . . . D-12 Addressing Additional Legal/Financial Issues . . . . . . . . . . . D-12 Frequently Asked Questions . . . . . . . . . . . D-13 Psychological Considerations . . . . . . . . . . . . . . . . E-1 Criteria for Selecting Appropriate Psychological Assessors . . . . . . . E-1 Case Study 1 . . . . . . . . . . . . . . . . E-1 Criteria for Selecting Appropriate Psychological Assessments . . . . . . E-2 Case Study 2 . . . . . . . . . . . . . . . . E-3 Criteria for Conducting Appropriate Psychological Assessments . . . . . . E-3 Ongoing Formation of International Pastoral Ministers . . . . . . . . E-4 Case Study 3 . . . . . . . . . . . . . . . . E-4 Frequently Asked Questions . . . . . . . . . . . E-4 Child and Youth Protection and Safety . . . . . . . . . . . . . F-1 Sexual Abuse of a Minor . . . . . . . . . . . . . . . . . F-1 Reporting of Allegations . . . . . . . . . . . . . . . . . F-2 Zero Tolerance . . . . . . . . . . . . . . . . . . . . F-2 Standards of Conduct and Training . . . . . . . . . . . . . . F-3 Cultural Considerations . . . . . . . . . . . . . . . . . F-3 Criminal Background Checks . . . . . . . . . . . . . . . . F-3 Transfer of Clergy . . . . . . . . . . . . . . . . . . . F-4

Case Study . . . . . . . . . . . . . . . . . F-5 Frequently Asked Questions . . . . . . . . . . . . F-5

iv

PART II RECEPTION AND ORIENTATION Reception and Orientation . . . . . . . . . . . . . . . . . G-1 Stage 1: Pre-Arrival . . . . . . . . . . . . . . . . . . G-1 Case Study 1 . . . . . . . . . . . . . . . . G-1 Stage 2: Welcome and Initial Orientation . . . . . . . . . . . . G-2 Welcome . . . . . . . . . . . . . . . . . . . G-2 Initial Orientation . . . . . . . . . . . . . . . . . G-4 Stage 3: Formal Orientation . . . . . . . . . . . . . . . G-5 Cultural Orientation for the Minister . . . . . . . . . . . . G-5 Case Study 2 . . . . . . . . . . . . . . . . G-5 Language Orientation . . . . . . . . . . . . . . . . G-6 Cultural Orientation for Receiving Communities . . . . . . . . . G-7 Stage 4: Ongoing Support . . . . . . . . . . . . . . . . G-7 Peer Support Groups . . . . . . . . . . . . . . . . G-7 Parish or Community Support Groups . . . . . . . . . . . . G-8 Mentoring . . . . . . . . . . . . . . . . . . . G-8 Ongoing Formation . . . . . . . . . . . . . . . . G-8 Psychological Services . . . . . . . . . . . . . . . . G-8 Further Transitions . . . . . . . . . . . . . . . . . G-8 Case Study 3 . . . . . . . . . . . . . . . . G-9 Frequently Asked Questions . . . . . . . . . . . G-9 Glossary . . . . . . . . . . . . . . . . . . . . . . H-1 Further Resources . . . . . . . . . . . . . . . . . . . . I-1 Civil Law Considerations—Immigration Law Section . . . . . . . . . I-1 Useful Publications and USCIS Forms . . . . . . . . . . . . I-1 Civil Law Considerations—Financial Law Section . . . . . . . . . . I-2 Useful IRS Forms and Publications . . . . . . . . . . . . . I-2 Psychological Considerations Section . . . . . . . . . . . . . I-2 Tests for Language Acquisition and Proficiency . . . . . . . . . . I-2 Child and Youth Protection Section . . . . . . . . . . . . . . I-4 Model for a Letter/Statement on the Suitability of a Priest Member of an Institute/Society for a Stable Assignment . . . . . . . . . . I-4 Model for a Celebret/Testimonial of Suitability for Temporary Ministry of a Priest Member of an Institute/Society . . . . . . . . . . . I-5 Model for a Celebret/Testimonial of Suitability for Temporary Priestly Ministry for Diocesan/Eparchial Priests . . . . . . . . . . . . . I-6 Reception and Orientation Section . . . . . . . . . . . . . . I-7 Secretariat of Cultural Diversity in the Church . . . . . . . . . . I-7 Migration and Refugee Services . . . . . . . . . . . . . . I-7 Committee on Clergy, Consecrated Life and Vocations . . . . . . . . I-7 Office of National Collections . . . . . . . . . . . . . . I-7

v

Abbreviations and Acronyms

Religious Terms ACCA

African Catholic Clergy Association ACCCRUS African Conference of Catholic Clergy and Religious in the United States ANSH Asociación Nacional de Sacerdotes Hispanos ARHEU Asociación de Religiosas Hispanas en los Estados Unidos AWRC African Women Religious Conference CIC Code of Canon Law ( Codex Iuris Canonici ) CCEO Code of Canons of the Eastern Churches ( Corpus Canonum Ecclesiarum Orientalium ) KAPA Korean American Priests Association

US Legal and Governmental Terms BSA Bank Secrecy Act CB Cumulative Bulletin CIS Citizenship and Immigration Services CBP Customs and Border Protection CFR Code of Federal Regulations DHS Department of Homeland Security DSO Designated School Official DOS Department of State FBAR

Report of Foreign Bank and Financial Accounts Federal Insurance Contributions Act Financial Crimes Enforcement Network Immigration and Customs Enforcement Immigration and Nationality Act Internal Revenue Code (the “Code”)

FICA

FinCEN

ICE INA IRC

IRS

Internal Revenue Service

ITIN OCD

Individual Tax Identification Number

Official Catholic Directory

Rev. Proc. Rev. Rul.

Revenue Procedure

Revenue Ruling

RFE

Request For Evidence

RWVP

Religious Workers Visa Program Social Security Administration

SSA SSN

Social Security Number

SECA SEVIS

Self-Employment Contributions Act

Student Exchange Visitor Information System

Treas. Reg. Treasury Regulation

vi

Introduction

I. Historical Perspective and Current Situation International pastoral ministers have always been a part of the fabric of the Catholic Church in the United States. They were instrumental in bringing the faith to our shores, they helped nourish that faith, and they continue to serve generously among us to this day. Many of our American saints were inter national pastoral ministers, from St. Frances Xavier Cabrini to St. Mother Theodore Guerin, from St. Isaac Jogues to St. John Neumann and St. Damien de Veuster. We must acknowledge that, from the time of the earliest missionaries to our land until the present day, we have benefited from the ministry of so many from other lands and cultures. The richness of their diversity has helped us to appreciate and more fully embrace our catholicity. The presence of international pastoral ministers continues to be a gift to the Catholic Church in our country. They serve in a myriad of ways and are a vital part of the New Evangelization. Demographically, they have a growing presence among us: • International Priests. In 2012, almost 6,000 international priests from 124 countries served in the United States. These priests worked in 188 dioceses/eparchies. 1 They tend to be younger on average than US-born priests, and 98 percent of them are engaged in active ministry. 2 • International Seminarians. In 2013, 879 interna tional seminarians from 81 countries were study ing in American theologates. This represents 26 percent of the total number of seminarians in theologates. Fifty-nine percent of international seminarians were studying for a US diocese; 10 percent for a diocese outside the United States; and 30 percent for a religious order. 3

• International Religious Brothers and Sisters. Unfortunately, there is very little data on inter national religious brothers and sisters, but they are very active in ministry within the United States. Similarly, there is little data for interna tional deacons and international ministers serv ing within the Eastern Catholic Churches sui iuris in the United States, although these groups are active and have rendered valuable service. The large number of international pastoral min isters and their importance for the life of particular Churches in the United States challenge us to pre pare them well for their service and to prepare the communities that receive them. There are, however, some overarching hopes for international pasto ral ministers that we all share. We hope to receive them well, to integrate them into the life of the local Church and US culture, and to support them person ally and ecclesially. We also want to enable those on temporary assignment to be prepared for return to their home countries, enriched by their experience in the United States. These Guidelines provide gen eral directions for dioceses, eparchies, seminaries, and those in institutes of consecrated life and societ ies of apostolic life to help realize these hopes.

II. Theological Framework Understanding the Exchange of International Pastoral Ministers: The Context of Faith

For some observers, the recent arrival of interna tional pastoral ministers in the United States seems to be a historical novelty and a purely practical solu tion to the diminished number of US-born clergy and religious. In fact, from a historical and faith per spective, the reality is far more complex and richer than we might first imagine. The previous section indicated the historical antecedents of international clergy and religious coming to serve the Catholic Church in the United States. An even earlier pattern, at the beginning of the Church in apostolic times, speaks to our situation today. Furthermore, pragmatic reasons for assisting international pastoral ministers assume a secondary

1 2012 Annual Report on the Implementation of the Charter for the Protection of Children and Young People. 2 M. L. Gautier, P. M. Perl, S. J. Fichter, Same Call, Different Men: The Evolution of the Priesthood since Vatican II (Collegeville, MN: The Liturgical Press, 2012), 101. 3 M. Gautier, Catholic Ministry Formation Enrollment: Statistical Overview for 2012-2013 (Washington, DC: Center for Applied Research in the Apostolate [CARA], 2013).

Introduction | A-1

Cooperating in missionary activity means not just giving but also receiving. All the particular Churches, both young and old, are called to give and to receive in the context of the universal mission, and none should be closed to the needs of others. The Council states: ‘By virtue of…catholicity, the individual parts bring their own gifts to the other parts and to the whole Church, in such a way that the whole and individual parts grow greater through the mutual communication of all and their united efforts toward fullness in unity . . . Between the different parts of the Church there are bonds of intimate communion with regard to spiritual riches, apostolic workers and temporal assistance.’ [ Lumen Gentium , no. 13] I exhort all the Churches, and the bishops, priests, religious and members of the laity, to be open to the Church’s universality , and to avoid every form of provincialism or exclusiveness, or feelings of self-sufficiency. 6 The exchange of gifts, including ministerial gifts, assumes an even more specific expression of solidar ity and communion in the context of the Church in the American hemisphere. In the Post-Synodal Apostolic Exhortation Ecclesia in America , St. John Paul II writes: “I asked that the Special Assembly of the Synod of Bishops reflect on America as a single entity, by reason of all that is common to the peoples of the continent, including their shared Christian identity and their genuine attempt to strengthen the bonds of solidarity and communion between the different forms of the continent’s rich cultural heri tage.” 7 Later, he elaborates this direction and indi cates connections between our life in the Church and our sharing in Trinitarian life: The awareness of communion with Christ and with our brothers and sisters, for its part the fruit of conversion, leads to the service of our neighbors in all their needs, material and spiritual, since the face of Christ shines forth in every human being. “Solidarity is thus the fruit of the communion which is grounded in the mystery of the triune God, and in the Son of God who took flesh and died for all. It is expressed in Christian love which seeks the good of others, especially of those most

position in light of faith convictions about our life in communion in the Church. The Acts of the Apostles and the Letters of St. Paul show two simultaneous movements within the life of the Church at her very beginning: (1) mis sionary activity that spreads the Gospel and con nects communities of faith and (2) the cultivation of stable and settled communities of faith. Missionary activity brings Word and Sacrament to different communities in the Mediterranean world. As Paul and other apostles establish churches, for example, in Corinth or Philippi or Thessalonica, they also make provision for the stability of those commu nities by appointing local leadership. Even more, the Letters of Paul maintain a connection with the communities and encourage faithful adherence to their new life in Jesus Christ. Significantly, concern for established communities does not signal a halt to missionary activity, which continues. In our own time and circumstance, the ancient and perennial pattern that combines missionary activity and the supportive care of stable communities continues. The exchange of international pastoral ministers is a manifestation of this pattern, which embodies both mission and ongoing support. The universal Church understands and quali fies, for example, the sending of clergy from mission territories, so that these young Churches would not be deprived of their necessary care. 4 At the same time, the universal Church recognizes that pastoral ministers sent from the younger Churches, where priestly and religious vocations are more abun dant, can provide invaluable support in tradition ally Christian countries for efforts directed to the New Evangelization. 5 Both our history and a deep sense of our iden tity as Catholics lead us to embrace the exchange of international pastoral ministers as a gift and a necessity. The reciprocal giving and receiving of gifts expresses the reality of our communion and our soli darity with one another in Jesus Christ by the power of the Holy Spirit. In other words, the exchange of pastoral ministers manifests a great sign of our cath olicity and the gospel-inspired hospitality that flows from catholicity. This vision of the Catholic Church assumes a central position in St. John Paul II’s expo sition of the missionary activity of the Church: 4 See the document from the Congregation for the Evangelization of Peoples, Instruction on the Sending Abroad and Sojourn of Diocesan Priests from Mission Territories , 2001. 5 See Pope Benedict XVI’s Post-Synodal Apostolic Exhortation, Africae Munus , no. 167.

6 Redemptoris Missio , no. 85. 7 Ecclesia in America , no. 5.

A-2 | Introduction

II underscores the particular responsibility of those who serve in cultures other than their own, when he states: “Missionaries, who come from other Churches and countries, must immerse themselves in the cul tural milieu of those to whom they are sent, mov ing beyond their own cultural limitations. Hence they must learn the language of the place in which they work, become familiar with the most important expressions of the local culture, and discover its val ues through direct experience. Only if they have this kind of awareness will they be able to bring people to the knowledge of the hidden mystery . . . in a credi ble and fruitful way.” 11 When pastoral ministers cross over cultures to serve in a new context, as they do when they come to the United States, their arrival signals many bless ings. Their arrival also means a set of challenges for them and the communities that receive them. Both graces and challenges need to be named. In this pro cess, the particular Churches and the ministers them selves must resist identifying challenges as problems. A problem is something negative that needs to be solved or, at least, contained. A challenge, on the other hand, represents an invitation to change and an opportunity for growth, which through grace may lead to a positive outcome. While the exchange of international pastoral ministers poses genuine chal lenges for the ministers themselves and for particular Churches that receive them, in the end, these chal lenges can bring additional blessings to all. Graces for the Receiving Churches The graces for the receiving Churches are many. Among others, they include the following: • International pastoral ministers provide ministe rial and pastoral assistance in places and to com munities that are in need. • Because of their experience in receiving interna tional pastoral ministers, the particular Churches can claim a deeper sense of their identity in their communion with other particular Churches, in their own call to share their gifts with others, and especially in their catholicity or universality. • Receiving international pastoral ministers con tributes to the formation of more hospitable local communities that learn the ways of welcome and receptivity. • The arrival of international pastoral ministers gives local communities exposure to new and

in need.” [ Propositio , 67] For the particular Churches of the American continent, this is the source of a commitment to reciprocal solidarity and the sharing of the spiritual gifts and material goods with which God has blessed them . . . 8 These elements of the Magisterium of St. John Paul II help us to understand more deeply the ratio nale for receiving international pastoral ministers in the United States. These ministers do not just repre sent a pragmatic response to a deficit of US-born clergy and religious, although the initial invitation may begin with an urgently felt need for more personnel. These ministers embody what ought to be the ongoing and ordinary “exchange of gifts” among the particular Churches as a sure sign of solidarity and communion. Both the receiving Churches and the international pastoral ministers themselves experience graces and challenges in the exchange of gifts of service, many of which are related to culture. It may be helpful to reflect briefly on the reality of faith in relationship to culture and to the many cultures of humanity. St. John Paul II observed: “Cultural context per meates the living of Christian faith, which contrib utes in turn little by little to shaping that context. To every culture Christians bring the unchanging truth of God which he reveals in the history and culture of a people.” 9 Culture represents the ways that people live and work together and are able to communicate with each other, because they share common symbols and common values. Recently, Pope Francis linked the Church’s wide embrace of cultures with her universality. He writes, “In the diversity of peoples who experience the gift of God, each in accordance with its own culture, the Church expresses her genuine catholicity and shows forth the ‘beauty of her varied face.’” 10 These understandings of the relationship of the Church and culture have a direct bearing on those who serve in multicultural milieus. St. John Paul 8 Ecclesia in America , no. 52. 9 Fides et Ratio , no. 71. 10 Evangelii Gaudium , no. 116 with a citation from St. John Paul II’s Novo Millennio Ineunte , no. 40. III. Grace and Challenge Understanding the Graces and Challenges in the Exchange of International Pastoral Ministers

11 Redemptoris Missio , no. 53.

Introduction | A-3

different forms of dedication and generosity, which are evident in the ministries and lives of their newly arrived ministers. • When international pastoral ministers arrive to care for their compatriots who are now immi grants and refugees in the United States, they provide the local Church with an occasion to clarify its mission-ministry to immigrant and refugee populations in its territory. In other words, the international pastoral minister’s arrival invites the Church to choose a more precise direction in its ministerial outreach to immigrants and refugees. Is the mission-ministry aim to recreate the “old world” in the new? Is it to be a port of entry for immigrants and ref ugees or to support an easy transition into the new culture? Is the local Church’s ministry to local immigrant and refugee populations meant to be part of a fast-track vehicle of assimilation into the new culture? Or, should it embody the preference of the Catholic bishops of the United States for integration over assimilation? Does the local Church’s mission-ministry have special care for the multigenerational dimen sions of the immigrant experience? The arrival of international pastoral ministers prompt these and other questions that can help a local Church to develop its ministry to immigrants and refugees. Challenges for Receiving Churches Two aspects of the exchange of international pasto ral ministers generate challenges for the ministers themselves and for the receiving communities. They have to do with communication and culture. The challenge of communication can be for midable. Newly arrived ministers may not know English. If they do know the language, they may pro nounce it in a way that is not readily comprehensible to American ears. Even if they know the language and pronounce it clearly, their modes of expression may come across as puzzling or even off-putting. When the ministers and the receiving communities work through these challenges together, both groups benefit from enhanced capacities for listening and speaking. The key to enhanced communication is a spirit of patience and persistence for both ministers and their communities.

Another challenge and grace both for ministers and communities has to do with culture. The arrival of an international pastoral minister brings another culture into a community’s life. International pasto ral ministers may themselves experience significant culture shock when they arrive in the United States. They may feel an initial sense of disorientation. Later, some international ministers can be co-opted by US culture and accept it uncritically. Alternately, they can become hypercritical of US culture and reject it. Between those two poles lies another position of wisely assessing and discerning the lights and shad ows of the new culture that they encounter and rec ognizing that every culture needs to be evangelized. 12 Similarly, receiving communities may immedi ately reject what they perceive as “foreign culture” manifested in their international ministers. These communities may then retreat into provincialism or ethnocentrism or even elements of racism. This is reinforced even by vocabulary itself, when these ministers are called “foreign” rather than “interna tional.” If, in fact, receiving communities listen and learn from the international pastoral ministers sent among them, they can also develop a new under standing of their own culture and both appreciate its positive values and critique its shadows. There are many graces that come to those who cou rageously leave their homelands and generously offer their service in a foreign land. Among these graces are the following: • International pastoral ministers have an expanded experience of the catholicity of the Catholic Church. • Another grace is the opportunity to serve and meet the real needs of people. For those who are committed to their vocation, the opportunity to serve is always a true blessing. • Because of the new set of circumstances, international pastoral ministers can expand and deepen their ministerial or pastoral skills. They can later share these enhancements with others when they return to their own land. Graces for International Pastoral Ministers

12 Evangelii Nuntiandi , no. 20; Ecclesia in America , no. 70.

A-4 | Introduction

• Because of the unique circumstances of leaving one’s homeland and serving in a foreign land, international pastoral ministers can experience a special growth in their spiritual journey. They can grow especially in detachment from the familiar, thereby developing greater reliance on God’s providential care.

0 The acquisition and use of money, including easy access credit with bank cards and widely available possibilities for gaming 0 The litigious nature of American society 0 Ecumenism and interfaith relationships in a pluralistic society 0 The place of devotions in the life of the Church 0 Patterns of collaboration in ministry between clergy and laity 0 Taking pastoral initiative • Because of the disruption of moving, international pastoral ministers will find maintaining continu ity in their spiritual lives a special challenge. • For those returning to their native lands, it may be very challenging to transition back to a for mer set of circumstances after their experience in the United States. IV. Purpose, Scope, and Overview The purpose of the Guidelines is to be a practical tool for dioceses, eparchies, seminaries, and institutes of consecrated life and societies of apostolic life as they work to formulate their own policies and procedures concerning international pastoral ministers, whether they are invited here to serve the Church at large or to more specifically serve immigrants from their native land. The Guidelines are meant to encourage the development of these policies. In this context, the Guidelines are designed for general information only. Each diocese, eparchy, seminary, institute, and society is unique, as is each international pastoral minister. In developing their own particular policies, these entities need to utilize their own competent consultants especially in the areas of canon law, civil law, psychological screening, and financial concerns. Because the international pastoral ministers who are among us now and who will come to us in the future reflect a wide and varied background, the scope of the Guidelines includes those who are: international clergy, seminarians, and non-ordained men and women in institutes of consecrated life and societies of apostolic life for the Latin Church and Eastern Catholic Churches sui iuris . The Guidelines are divided into two main parts entitled “Assessment and Acceptance” and

Challenges for International Pastoral Ministers

The graces and benefits that international pastoral ministers experience are genuine and real and so too are the challenges that accompany their arrival in the United States. These challenges, which may affect them both personally and ecclesially, can become incentives for their human and pastoral development. International pastoral ministers face the following challenges: • One very significant challenge is the experience of uprooting oneself from one’s native culture and the familiar patterns of ordinary life. • A related challenge is maintaining the founda tional relationships of one’s life, especially with family, friends, and colleagues in one’s native place. The challenge is to find ways of appro priately maintaining and even cultivating those relationships, despite the physical distance that can be a formidable barrier. • International ministers must also establish new networks of relationship and connection in their new circumstances. Not to do so would invite an unhealthy experience of isolation and loneliness. • There are specific issues of “novelty” in local concepts, practices, and customs that interna tional pastoral ministers will often encounter in the United States. They pose a challenge first of understanding and then of adaptation. Among these novel concepts, practices, and customs, are the following: 0 The style of exercising pastoral authority in a parish setting 0 Social/interpersonal boundaries and styles of communication 0 The role and place of women in society, cul ture, and in the Church in the United States 0 The use of and approach to time

Introduction | A-5

“Reception and Orientation.” The first part will look at various areas of concern (canon law, civil law— including immigration and financial law—psychol ogy, and child and youth protection) that determine the assessment and acceptance of international pas toral ministers. A second part of the Guidelines will explore the stages for the reception and orientation of international pastoral ministers and offer practical suggestions for each stage. Both parts will contain an expository section and case studies followed by some “Frequently Asked Questions.” This format should make the Guidelines document very practical. The concluding sections of the Guidelines will provide a glossary and further resources. The Guidelines should be a substantive and reliable resource for dioceses, eparchies, seminaries, institutes, and societies in their policy-writing. Because of the wide-ranging nature of the Guidelines and the difference in subject matter between chapters, the style and tone will vary. However, the sustaining hope of the Guidelines is that it will provide significant help from distinct disciplines to assist those within dioceses, eparchies, seminaries, institutes, and societies who are respon sible for international pastoral ministers. These, in turn, will guide and support international pastoral ministers in their service to the Catholic Church in the United States and in their personal development in a new and often challenging environment.

The Guidelines are a joint statement of the Committee on Clergy, Consecrated Life and Vocations, the Committee on Cultural Diversity in the Church, the Committee on the Protection of Children and Young People, and the Committee on Canonical Affairs and Church Governance of the United States Conference of Catholic Bishops (USCCB). The preparation of the Guidelines also included consultation with the USCCB Office of General Counsel, the three conferences of major superiors of religious in the United States (the Conference of Major Superiors of Men, the Council of Major Superiors of Women Religious and the Leadership Conference of Women Religious), and other outside groups. The committees issuing these Guidelines wish to acknowledge the essential and helpful work of the Committee on Migration, which crafted two earlier versions of the Guidelines in 1999 and 2003. Those versions form the foundation on which these current Guidelines build. The sponsor ing committees for this new version stand indebted to and grateful for the work accomplished by the Committee on Migration. With their legacy, we can take a next step for the benefit of both international pastoral ministers and their receiving communities in the United States.

A-6 | Introduction

Part I Assessment and Acceptance

Canon Law Considerations

The law of the universal Church, as found in the Code of Canon Law ( CIC ) and the Code of Canons of the Eastern Churches (CCEO), provides explicit procedures and helpful principles that are applicable to international clergy, seminarians, and members of institutes of consecrated life and societies of apos tolic life in the United States. For those training for the ordained ministry, for example, the canons state that they are to “have solicitude not only for the par ticular church in whose service they are to be incar dinated but also for the universal Church” (CIC c. 257 §1; cf. CCEO c. 352 §3). Although the codes urge care for all the Churches, they cannot antic ipate the special circumstances and needs of each particular Church. Diocesan or eparchial bishops and major superiors, therefore, are well advised to establish policies and procedures that apply the uni versal canonical norms to the pastoral circumstances of the particular Church or to the ministries and apostolic works of the institute or society. The fol lowing steps should be considered when a particular Church in the United States is considering receiving international pastoral ministers. Determination of an Ecclesial Need A first step is to determine the genuine ecclesial need that is to be met by an international pastoral minis ter. Although clerics, seminarians, and members of institutes or societies might present themselves for diocesan or eparchial service in the United States, the determination of need is always made by the diocesan or eparchial bishop. Likewise, the cleric, seminarian, or other member of an institute or soci ety must have the permission of his or her competent superior for such service. In the case of clerics, the universal law estab lishes further criteria that must be considered by the sending diocesan or eparchial bishop or major supe rior prior to releasing a priest or deacon to exercise ministry in the United States. First, the diocesan or eparchial bishop or major superior should not release the cleric if his presence is truly necessary for the exercise of the mission of his own diocese, eparchy,

institute, or society. 1 Second, the same diocesan or eparchial bishop or major superior should know that the candidate is genuinely suitable, in good health, and sufficiently prepared to exercise the sacred min istry in a particular Church in the United States. Finally, there should be clear indication that there is a “grave lack of clergy” in the receiving Church. This lack may mean a lack of qualified clergy to meet the particular pastoral needs of the receiving Church. When these three criteria have been veri fied, a diocesan or eparchial bishop or major superior is urged by the law of the universal Church not to deny the suitable and qualified candidate’s request to serve elsewhere as an international pastoral minister (CIC c. 271 §1; CCEO c. 361). What might constitute “particular pastoral needs”? They could include such things as the need for clergy or members of institutes or societies to serve the pastoral needs of a growing ethnic group or the faithful of an Eastern Catholic Church sui iuris . Historically, for example, this happened in the United States among German, Irish, Polish, and Italian immigrants as well as Ukrainian, Ruthenian, Maronite, and Melkite Catholics. Today, a similar pastoral need is evident in parts of the United States for Catholics coming from other parts of the world. The canons that govern the movement of clergy from one particular Church to another are rooted in the desire to provide for the good of the Churches (CIC c. 271 §1 ; CCEO c. 361). Clerics cannot claim a right to move to another particular Church for rea sons of family obligations, financial enrichment, or other personal advantage; they belong to a specific diocese, eparchy, institute, or society and have a seri ous obligation of obedience to their diocesan or epar chial bishop or major superior as well as an obligation of service to that diocese, eparchy, institute, or society. Other examples of a genuine ecclesial need for international pastoral ministers may include the following: • An eparchial bishop of an Eastern Catholic Church sui iuris in the United States has need of a priest to provide pastoral care to a growing 1 CIC Canon 271, §1 and CCEO canon 361; See also Congregation for the Evangelization of Peoples, “Instruction on the Sending Abroad and Sojourn of Diocesan Priests from Missionary Territories,” April 25, 2001, no. 4.

Canon Law Considerations | B-1

Initiating a Formal Process for Priests and Deacons When a US diocesan or eparchial bishop determines that the grave lack of clergy within his diocese or eparchy requires the services of an international priest or deacon, he is to make his petition known to the competent diocesan or eparchial bishop or major superior. His request should explain the underlying need for the cleric’s service and express an expecta tion that the candidate will possess sufficient health, probity of life, and the qualifications necessary to perform the ministry or apostolic work. The sending diocesan or eparchial bishop or major superior should indicate the particular gifts, skills, and personal dispositions that would make the potential international pastoral minister an effective minister in the United States. He should also offer assurance that the candidate possesses sufficient health, probity of life, and the qualifications required for the fulfill ment of the service. This assessment is derived from the bishop or major superior’s personal knowledge of the cleric and the cleric’s written record and follows an inquiry of knowledgeable persons who can offer an assessment of the cleric’s suitability for ministry within the United States. The assessment should identify whether the cleric being proposed for ministry has ever exhibited behavior that is criminal or morally reprehensible, including but not limited to sexual mis conduct of any kind, violations of celibacy, substance abuse, physical abuse, financial improprieties, or any condition that could impair effective ordained min istry. While it may not be possible for the receiving diocesan or eparchial bishop to visit with a potential candidate in person before making a final determina tion, modern technologies can provide suitable alter natives for conducting an initial assessment. Once a mutually agreeable candidate has been identified, a written agreement is then to be drawn up between the diocesan or eparchial bishop of the receiv ing diocese or eparchy and the diocesan or eparchial bishop or major superior of the sending diocese, eparchy, institute, or society. The practice of a cleric directly offer ing his service to a diocesan or eparchial bishop, without the support or approval of his own diocesan or eparchial bishop or major superior, is always to be avoided. Establishing a Personnel File When an international cleric is received within a par ticular Church in the United States, a personnel file

number of the faithful of that Church sui iuris . The eparchial bishop may write to an eparchial bishop or major superior of an institute or soci ety in the traditional territories, where there is a sufficient number of priests, to ask for a suit able and qualified priest to serve in the United States for an initial period of three years. In his letter, the US eparchial bishop would note that it is important that the priest be in good health, have probity of life, a facility with English, and be comfortable with US culture. He might fur ther specify that the priest have administrative capabilities, being able to lead a parish that is relatively young and in need of raising funds to build permanent facilities, including a church, parish hall, and rectory. • A diocesan bishop of a Latin Church diocese in the United States that has a significant number of Eastern Catholic faithful with no local hierarch or proper pastor might write to an eparchial bishop or major superior of that Eastern Catholic Church sui iuris . He would request that a well-prepared and suitable priest come to his diocese to provide pastoral care for the Eastern Catholic faithful. • A diocesan bishop in the United States seeks the service of a permanent deacon from a Central American diocese to coordinate the Hispanic Ministry office of the diocese for a period of five to seven years. Although a few incardinated permanent deacons in the diocese have some facility with Spanish, the bishop judges that at the present time he cannot afford to take any of these deacons away from their full-time parish ministry to run the diocesan office. • In view of the most recent census data, a diocesan bishop in the United States may consider that the growing Vietnamese population within his diocese could benefit from the establishment of two addi tional parochial schools. Following the recom mendation of the pastors of the selected parishes, the bishop may determine to request the tem porary service of a group of sisters from Vietnam to assist the faithful with their transition to the United States and to teach in the new schools. In each of these examples, the temporary ser vice of the international cleric or religious institute members was evaluated by the diocesan or eparchial bishop for its usefulness in responding to a genuine pastoral need of the Church in the United States.

B-2 | Canon Law Considerations

should be established at the chancery of the receiv ing Church. This file should include the following: • A document clearly stating the ecclesial need of the receiving diocesan or eparchial bishop and the qualifications of a potential international candidate required to meet the need. • A letter from the sending diocesan or eparchial bishop or major superior stating the suitability, probity of life, and competence of the potential candidate. The diocesan or eparchial bishop or major superior should state honestly and accu rately the specific qualifications of the candidate. These qualifications include his language skills and understanding of the “institutions, social conditions, usages, and customs” of the receiving Church (CIC c. 257 §2). The sending diocesan or eparchial bishop or major superior should also write his opinion of the moral, intellectual, physi cal, and psychological attributes of the candidate, clearly identifying any limitations in these areas (e.g., medical issues). Sample Letters of Suitability may be found in the “Further Resources” section at the end of the Guidelines . • A document attesting to the cleric’s ordination and incardination in the particular sending dio cese, eparchy, institute, or society. • If the cleric previously served in another diocese or eparchy, the receiving diocesan or eparchial bishop should obtain from the diocesan or eparchial bishop of that place a letter identifying the cleric’s assign ments and to whom he was responsible. The same bishop should also attest in writing to the cleric’s cooperation, collaboration, and competence during his time of ministry in that diocese or eparchy. • A letter from the receiving diocesan or eparchial bishop communicating to the sending diocesan or eparchial bishop or major superior the formal acceptance of the candidate according to the provisions of a written agreement. Written Agreement on the Terms of Service The canons, supported by experience, call for a written agreement between the proper ecclesiastical authorities in which the details of the cleric’s service are spelled out (CIC cc. 271 §1, 681 §2; CCEO cc. 360 §1, 362 §1). A written agreement should include the following: • An introductory statement that specifies the eccle sial need, the name of the cleric to meet the need,

and the general purpose of the written agreement. • A determination of the initial duration of the agreement and the possibility (or impossibility) of a renewal of the agreement. A probation ary period can serve both the cleric and the receiving Church. For example, the cleric can be received for an initial period of six months. After a satisfactory review, the agreement can be renewed for another six-month period. If every thing continues to be satisfactory, the agreement can be renewed for longer periods (e.g., one to three year increments) with periodic reviews. An agreement with fixed terms of duration allows for an easier termination of service if the envisioned goals are not met. Such an agreement also emphasizes the temporary character of this service away from one’s own diocese or eparchy or when away from the obligations of common life and apostolate in an institute or society. If a cleric serves in the diocese or eparchy for five years or longer, the norms governing incardina tion/ascription should be carefully considered and observed (cf. CIC cc. 268 §1, 693; CCEO cc. 360 §2, 494, §2, 549 §3; and the following section on “Incardination/Ascription,” below). • The agreement ought to express an understand ing of whether the international cleric will receive a formal assignment from the receiving diocesan or eparchial bishop or will simply be granted faculties to serve in the diocese or epar chy. It should also address the question of the cleric’s residence and remuneration, other mat ters pertaining to his canonical rights and obli gations as a member of the clergy (e.g., CIC cc. 276, 279, 283 §2; CCEO cc. 369, 372, 392), and provide for an annual evaluation. • Questions may arise concerning the interna tional minister’s financial obligations to the sending diocese, eparchy, institute, or society. These should be addressed by the sending dioce san or eparchial bishop or major superior and the receiving diocesan or eparchial bishop when the agreement is made. Norms for the vow of poverty in accord with the proper law of an institute or society, as well as the relevant civil and canon law requirements, should always be observed (e.g. the immigration status of the candidate, tax exemption requirements, fund-raising restric tions, etc.). Whatever the arrangements, they should be clearly stated in the agreement. • Health care for the international cleric serving in the receiving diocese or eparchy is appropriately

Canon Law Considerations | B-3