[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S493-S494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COLEMAN:
  S. 165. A bill for the relief of Tchisou Tho; to the Committee on the 
Judiciary.
  Mr. COLEMAN. Mr. President, today I am introducing a private relief 
bill for an outstanding young man from my State of Minnesota, Tchisou 
Tho.
  This legislation would allow Tchisou, a Hmong immigrant, to stay in 
this country by adjusting his status to permanent resident. Not only 
would this allow him to stay in the country he has lived in since he 
was 5 years old, but it will make him eligible for in-State tuition at 
the University of Minnesota.
  Tchisou's family came to the United States 14 years ago on a 
visitor's visa from France after fleeing Communist rule in Laos in 
1975. He was 5 years old at the time. They moved to Minnesota in 1993 
to find work and to give their children an opportunity to receive a 
quality education.
  Tchisou was an all-American high school kid. He watched movies, hung 
out at the mall with his friends and attended prom. He was an honor 
roll student, active in his community, church, and school. Tchisou was 
going to be the first member of his family to graduate from high 
school, and he was getting ready to begin his freshman year on a 
scholarship to the University of Minnesota.
  But in May 2003, just as Tchisou was getting ready to graduate from 
high school, his family met with immigration officials to request 
changes to their immigration status. Instead, they received a 
deportation order.
  Tchisou's parents acknowledged that they had broken the law by 
overstaying their visas, and agreed to leave the country. But we all 
wanted Tchisou to have the chance to graduate with his high school 
class. Legislation I introduced last year allowed Tchisou to stay. And 
thanks to the compassion of the immigration authorities, Tchisou's 
family was allowed to remain in the country just long enough to see 
their son walk in his high school graduation ceremony. Shortly 
thereafter, Tchisou's parents and brothers and sisters returned to 
France as they promised, where they live today.
  Still focused on his educational goals and now living with his 
married sister in St. Paul, Tchisou enrolled at the University of 
Minnesota as an international student. However, he was required to pay 
out-of-State tuition and unfortunately had to drop out after one 
semester when he ran out of money.
  Determined to finish college, Tchisou is currently driving a forklift 
at the loading docks of a home improvement store, to save money for 
college while his immigration status is being sorted out. He was 
recently named employee of the month. Tchisou hopes to re-enroll at the 
University of Minnesota.
  I acknowledge that Tchisou's parents broke the law. They overstayed 
their visas to remain in this country, which they should not have done. 
And they have since been deported. But I think it would be unfair to 
punish Tchisou for the actions of his parents. This private relief bill 
would allow Tchisou the chance to live the American dream.
  With the help of my good friend and colleague, the senior Senator 
from Georgia, Chairman Chambliss, we were able to pass this legislation 
last year. I hope the Senate will be able to act on this important 
legislation early this year so that Tchisou may enroll at the 
University of Minnesota, graduate, and be an asset to our community.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S494]]

                                 S. 165

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

     SECTION 1. PERMANENT RESIDENT STATUS FOR TCHISOU THO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Tchisou Tho shall be eligible for the issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Tchisou Tho enters the United 
     States before the filing deadline specified in subsection 
     (c), Tchisou Tho shall be considered to have entered and 
     remained lawfully and shall be eligible for adjustment of 
     status under section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status are filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Tchisou Tho, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 1, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of the aliens' birth 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)) or, if applicable, the total number of 
     immigrant visas that are made available to natives of the 
     country of the aliens' birth under section 202(e) of that Act 
     (8 U.S.C. 1152(e)).
                                 ______