[Congressional Record Volume 147, Number 167 (Wednesday, December 5, 2001)]
[Senate]
[Pages S12455-S12456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. Torricelli):
  S. 1774. A bill to accord honorary citizenship to the alien victims 
of September 11, 2001, terrorist attacks against the United States and 
to provide for the granting of citizenship to the alien spouses and 
children of certain victims of such attacks; to the Committee on the 
Judiciary.
  Mr. CORZINE. Mr. President, I rise today to introduce legislation, 
the Terrorist Victim Citizenship Relief Act, that would quickly provide 
citizenship relief to hundreds of families adversely affected by the 
attacks of September 11, 2001.
  Today I am meeting with several of the families of the victims of the 
September 11 terrorist attacks to discuss crucial legislation that 
would provide them with tax relief in the wake of a national calamity. 
They are dealing with a personal anguish that many of us can only 
imagine. It is critical that the House of Representatives move swiftly 
to pass the tax relief legislation that has already passed the Senate, 
by unanimous consent, I might add. But there is more that Congress must 
do to account for the shocking and unanticipated failure of the 
existing legal framework in the aftermath of September 11. I believe 
that the Terrorist Victim Citizenship Relief Act is an important part 
of this vitally necessary overhaul.
  When American citizens, foreign nationals, and immigrants perished in 
the cowardly terrorist acts of September 11, the immigration status of 
hundreds of families was thrown into turmoil. The attacks were on 
American soil on a major American institution and directed at the 
United States. Yet American citizens were not the only victims. 
Hundreds of temporary workers and immigrants died shoulder-to-shoulder 
with thousands of Americans. Their deaths should be acknowledged and 
their families should be honored.
  My legislation would bestow honorary citizenship on legal immigrants 
and non-immigrants who died in the disaster. This would honor their 
spirit and their tremendous sacrifice. Perhaps more important, the bill 
would offer citizenship to surviving spouses and children, subject to a 
background investigation by the Federal Bureau of Investigation. In the 
spirit of fairness and unity, it is appropriate and responsible to 
offer the privilege of citizenship to families who lost so much because 
of this attack on the United States.
  More than 3,000 people lost their lives when four planes crashed on 
that fateful September morning. Bodies are still being uncovered, and 
the death count has been revised several times. Nationals from some 86 
countries perished in the attack, including visitors, non-immigrant 
workers, and legal permanent residents.
  America was not the only country that suffered losses. There was good 
reason the complex was called the World Trade Center. In the September 
11 attacks, England lost 75 people, with 60 other British nationals 
unaccounted for. India lost more than 100. Germany has 31 confirmed 
casualties. Mexico has 19. Colombia has 15. Japan has as many as 21. 
Canada, Australia, the Philippines, Ireland, South Africa, and Pakistan 
all suffered tragic losses. And there were many more. It would be wrong 
to allow the tragic destruction of that fateful day to derail the hopes 
of hundreds of immigrant families to secure a better life for 
themselves and their children in the United States. And we must 
acknowledge the hundreds of families from 86 countries who lost loved 
ones in the attack.
  In New Jersey, there are dozens of poignant stories of immigrant 
families who experienced tragic losses in the World Trade Center 
disaster. These innocent people have lost husbands and wives, sons and 
daughters, sisters and brothers. Their families have been fractured and 
their livelihoods jeopardized. Immigrant families have been forced to 
grapple with a bureaucratic nightmare, wading through the myriad of 
programs available to the families of victims in an effort to keep 
their heads above water. They are often disheartened to learn that, 
although their loved ones died in the same attack, non-citizens are 
ineligible for many of the programs designed to assist the surviving 
families of victims.
  Concerns about immigration status have only added to the tremendous 
burden immigrant families are already confronting. Take the example of 
one New Jersey woman who came to my office seeking assistance. Her 
immigration status was directly dependent on the non-immigrant worker 
status of her husband who died in the attack. Both of her children were 
born in the United States. They are full citizens and are enrolled in 
American schools. She wants to continue to raise her children in the 
United States. However, under the antiterrorism legislation that 
Congress passed this month, this mother of two will be allowed just one 
additional year to sort out her affairs before being forced to uproot 
her children and return to England.
  One year is simply not enough to compensate this innocent woman for 
the loss of her husband. My legislation would grant her citizenship 
immediately, helping her to avoid the burden of removing her children 
from the only country they have ever truly known after having just lost 
their father. Granting her citizenship is the right thing to do.
  But, this woman's story is one of hundreds. My office has received 
numerous inquiries from immigrant families concerned that their 
immigration status has been undermined by the death of a loved one. 
Many families were in the process of preparing the necessary paperwork 
to apply for a change in status, only to have their potential sponsor 
die alongside thousands of others in the World Trade Center attack. 
This legislation would ensure that those families would be allowed to 
become American citizens and avoid undue paperwork and heartache.
  More than two months have passed since the United States was brutally 
attacked. When perpetrating their horrific crime, the terrorists did 
not distinguish between immigrants and American citizens or between 
undocumented workers and legal permanent residents. They were attacking 
the United States, and, in the process, killed thousands, citizens and 
non-citizens alike. In death, citizenship was irrelevant. In death, 
they were all unified.
  The thousands who died did not know it when they went to work, but 
they were at the front lines in the next American war. Their deaths are 
a tragedy that every civilized human being wishes could be reversed. 
Unfortunately, we cannot turn back the clock. However, we can 
acknowledge the tremendous loss of hundreds of immigrant families by 
allowing them to take on the full rights and responsibilities of 
American citizenship.
  I urge my colleagues to support this important legislation, and ask 
unanimous consent that the text of the bill be printed in the Record.

[[Page S12456]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1774

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorist Victim Citizenship 
     Relief Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) On September 11, 2001, the United States suffered a 
     series of attacks which led to the deaths of thousands of 
     people.
       (2) Hundreds of foreign nationals perished in the attacks 
     on the American institutions on American soil.
       (3) At that time, the Immigration and Naturalization 
     Service was processing applications for adjustment in 
     immigration status for immigrants who perished in the 
     attacks.
       (4) The immigrant or nonimmigrant status of many immigrant 
     families depends on the sponsorship of those who perished.
       (5) The Immigration and Naturalization Service has publicly 
     stated that it does not intend to take action against foreign 
     nationals whose immigration status is in jeopardy as a direct 
     result of the attack.
       (6) Commissioner of the Immigration and Naturalization 
     Service James Ziglar stated that ``the Immigration and 
     Naturalization Service will exercise its discretion toward 
     families of victims during this time of mourning and 
     readjustment''.
       (7) Only Congress has the authority to change immigration 
     law to address unanticipated omissions in existing law to 
     account for the unique circumstances surrounding the events 
     of September 11, 2001.

     SEC. 3. DECEASED ALIEN VICTIMS OF TERRORIST ATTACKS DEEMED TO 
                   BE UNITED STATES CITIZENS.

       Notwithstanding title III of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and except as 
     provided in section 5, each alien who died as a result of a 
     September 11, 2001, terrorist attack against the United 
     States, shall, as of that date, be considered to be an 
     honorary citizen of the United States if the alien held 
     lawful status under the immigration laws of the United States 
     as of that date.

     SEC. 4. CITIZENSHIP ACCORDED TO ALIEN SPOUSES AND CHILDREN OF 
                   CERTAIN VICTIMS OF TERRORIST ATTACKS.

       Notwithstanding title III of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and except as 
     provided in section 5, an alien spouse or child of an 
     individual who was lawfully present in the United States and 
     who died as a result of a September 11, 2001, terrorist 
     attack against the United States shall be entitled to 
     naturalization as a citizen of the United States upon being 
     administered the oath of renunciation and allegiance in an 
     appropriate ceremony pursuant to section 337 of the 
     Immigration and Nationality Act, without regard to the 
     current status of the alien spouse or child under the 
     immigration laws of the United States, if the spouse or child 
     applies to the Attorney General for naturalization not later 
     than two years after the date of enactment of this Act. The 
     Attorney General shall record the date of naturalization of 
     any person granted naturalization under this section as being 
     September 10, 2001.

     SEC. 5. EXCEPTIONS.

       Notwithstanding any other provision of this Act, an alien 
     may not be naturalized as a citizen of the United States, or 
     afforded honorary citizenship, under this Act if the alien 
     is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act, or deportable 
     under paragraph (2) or (4) of section 237(a) of that Act, 
     including any terrorist perpetrator of a September 11, 2001, 
     terrorist attack against the United States; or
       (2) a member of the family of a person described in 
     paragraph (1).
                                 ______