[Congressional Record Volume 151, Number 64 (Monday, May 16, 2005)]
[Senate]
[Pages S5228-S5230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1041. A bill for the relief of Alfredo Plascencia Lopez and Maria 
Del Refugio Plascencia; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am offering today private relief 
legislation to provide lawful permanent residence status to Alfredo 
Plascencia Lopez and his wife, Maria del Refugio Plascencia, Mexican 
nationals living in San Bruno, CA.
  I have decided to offer legislation on their behalf because I believe 
that, without it, this hardworking couple and their four United States 
citizen children would endure an immense and unfair hardship. Indeed, 
without this legislation, this family may not remain a family for much 
longer.
  In the seventeen years that the Plascencias have been here, they have 
worked to adjust their status through the appropriate legal channels, 
only to have their efforts thwarted by inattentive legal counsel.
  Repeatedly, the Plascencia's lawyer refused to return their calls or 
otherwise communicate with them in any way, thereby leaving them in the 
dark. He also failed to forward crucial immigration documents, or even 
notify the Plascencias that he had them. Because of the poor 
representation they received, Mr. and Mrs. Plascencia only became aware 
that they had been ordered to leave the country fifteen days prior to 
their deportation. Although the family was stunned and devastated by 
this discovery, they acted quickly to fire their attorney for gross 
incompetence, secure competent counsel, and file the appropriate 
paperwork to delay their deportation to determine if any other legal 
action could be taken.
  For several reasons, it would be tragic for this family to be removed 
from the United States.
  First, since arriving in the United States in 1988, Mr. and Mrs. 
Plascencia have proven themselves to be a responsible and civic-minded 
couple who share our American values of hard work, dedication to family 
and devotion to community.
  Second, Mr. Plascencia has been gainfully employed at Vince's 
Shellfish for the past 13 years, where his dedication and willingness 
to learn have propelled him from part-time work to a managerial 
position. He now oversees the market's entire packing operation and 
several employees. The President of Vince's Shellfish, in one of the 
several dozen letters I have received in support of Mr. Plascencia, 
referred to him as ``a valuable and respected employee'' who ``handles 
himself in a very professional manner'' and serves as ``a role model'' 
to other employees. Others who have written to me praising Mr. 
Plascencia's job performance have referred to him as ``gifted,'' 
``trusted,'' ``honest'' and ``reliable.''
  Third, like her husband, Mrs. Plascencia has distinguished herself as 
a medical assistant at a Kaiser Permanente hospital in the Bay Area. 
Not satisfied with working as a maid at a local hotel, Mrs. Plascencia 
went to school, earned her high school equivalency degree, improved her 
skills and became a medical assistant.

  For four years, Mrs. Plascencia was working in Kaiser Permanente's 
Oncology Department, where she attended to cancer patients. Her 
colleagues, many of whom have written to me in support of her, commend 
her ``unending enthusiasm'' and have described her work as 
``responsible,'' ``efficient,'' and ``compassionate.'' In fact, Kaiser 
Permanente's Director of Internal Medicine, Nurse Rose Carino, wrote to 
say that Mrs. Plascencia is ``an asset to the community and exemplifies 
the virtues we Americans extol: hardworking, devoted to her family, 
trustworthy and loyal, [and] involved in her community. She and her 
family are a solid example of the type of immigrant that America should 
welcome wholeheartedly.'' Nurse Carino went on to write that Mrs. 
Plascencia is ``an excellent employee and role model for her 
colleagues. She works in a very demanding unit, Oncology, and is valued 
and depended on by the physicians she works with.'' The physicians 
themselves confirm this. For example, Dr. Laurie Weisberg, the Chief of 
Oncology at Kaiser Permanente, writes that Mrs. Plascencia ``is truly 
an asset to our unit and is one of the main reasons that it functions 
effectively.''
  Together, Mr. and Mrs. Plascencia have used their professional 
successes to realize many of the goals dreamed of by all Americans. 
They saved up and bought a home. They own a car. They have good health 
care benefits and they each have begun saving for retirement. They want 
to send their children to college and give them an even better life.
  This private relief bill is important because it would preserve these 
achievements and ensure that Mr. and Mrs. Plascencia will be able to 
make substantive contributions to the community in the future. It is 
important, also, because of the positive impact it will have on the 
couple's children, each of whom is a United States citizen and each of 
whom is well on their way to becoming productive members of the Bay 
Area community.
  Christina, 13, is the Plascencia's oldest child, and an honor student 
with a 3.0 grade-point average at Parkside Intermediate School in San 
Bruno.
  Erika, 9, and Alfredo, Jr., 7, are enrolled at Belle Air Elementary, 
where they have worked hard at their studies and received praise and 
good grades from their teachers. In fact, last year, the principal of 
Erika's school recognized her as the ``Most Artistic'' student in her 
class. Recently, Erika's teacher, Mrs. Nascon, remarked on a report 
card, ``Erika is a bright spot in my classroom.''
  The Plascencia's youngest child is 2-year-old Daisy.
  Removing Mr. and Mrs. Plascencia from the United States would be most 
tragic for their children. Children who were born in the United States 
and who through no fault of their own have been thrust into a situation 
that has the potential to alter their lives dramatically.
  It would be especially tragic for the Plascencia's older children--
Christina, Erika and Alfredo--to have to leave the United States. They 
are old enough to understand that they are leaving their schools, their 
teachers, their friends and their home. They would leave everything 
that is familiar to them. Their parents would find themselves in Mexico 
without a job and without a house. The children would have to acclimate 
to a different culture, language and way of life.
  The only other option would be for Mr. and Mrs. Plascencia to leave 
their children here with relatives. This separation is a choice which 
no parents should have to make.
  Many of the words I have used to describe Mr. and Mrs. Plascencia are 
not my own. They are the words of the Americans who live and work with 
the Plascencias day in and day out and who find them to embody the 
American spirit. I have sponsored this private relief bill, and ask my 
colleagues to support it, because I believe that this is a spirit that 
we must nurture wherever we can find it. Forcing the Plascencias to 
leave the United States would extinguish that spirit.
  I ask unanimous consent that the text of the private relief bill and 
the numerous letters of support my office has received from members of 
the San Bruno community be the printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1041

       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 ALFREDO PLASCENCIA 
                   LOPEZ AND MARIA DEL REFUGIO PLASCENCIA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia shall each 
     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 
     or for adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Alfredo Plascencia Lopez and 
     Maria Del Refugio Plascencia enter the United States before 
     the filing deadline specified in subsection (c),

[[Page S5229]]

     Alfredo Plascencia Lopez and Maria Del Refugio Plascencia 
     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 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 immigrant visas 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 immigrant visas or permanent residence to Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 2, 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 
     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.


                                  Vince's Shellfish Co., Inc.,

                                  San Bruno, CA, January 12, 2005.
     Sen. Dianne Feinstein,
     U.S. Senate, San Francisco, CA.
       Dear Senator Dianne Feinstein: I am writing on behalf of 
     Maria and Alfredo Plascencia from San Bruno, California. 
     Alfredo has worked for me at Vince's Shellfish Co. Inc. for 
     the past 13 years. Alfredo is well respected here at Vinces. 
     Alfredo is a very reliable, dependable individual who has 
     worked his way up and is now a foreman who is in charge of 
     our packing department. Alfredo is responsible for 10 
     employees at this time.
       On a personal basis, Alfredo is a fine father. He is trying 
     desperately to keep his family together. It has been a 15-
     year struggle for Mr. and Mrs. Plascencia to create a better 
     life in America for their four U.S. born children. If Mr. and 
     Mrs. Plascencia were to face deportation it would be 
     devastating for his four children.
       At this time I support the private bill that is to be 
     presented before the Senate at the end of this month. The 
     Plascencia family will greatly benefit from its passing.
           Sincerely,
                                           Christopher N. Svedisc,
     President.
                                  ____

                                                    The Permanente


                                          Medical Group, Inc.,

                       South San Francisco, CA., January 13, 2005.
     Re Alfredo Plascencia Lopez and Maria del Refugio Plascencia

     Sen. Dianne Feinstein,
     San Francisco, CA.
       Dear Senator: We are writing to you in representation of 
     the Oncology department staff at Kaiser Permanente So. San 
     Francisco. We are shocked to hear the events regarding Maria 
     and Alfredo's United States residency status and we are 
     convinced that it could not be due to any omissions on their 
     part. We have the pleasure and good fortune of working with 
     Maria for over four years and she has always distinguished 
     herself for her intelligence, and good judgment. She is truly 
     an asset to our unit and is one of the main reasons that it 
     functions effectively and to the betterment of our patients. 
     This letter is a plea to ask you to reconsider the 
     deportation of this young couple. Their four children, who 
     are all United States citizens, do not need to suffer this 
     ordeal, which seems to be a horrible nightmare. They deserve 
     to stay in America, as these are the kind of citizens that we 
     should welcome with open arms. Maria and Alfredo save and 
     spend their money wisely. They have been able to save enough 
     to buy a home for their family in our community. We can't 
     even imagine their loss, as well as ours, if Maria and 
     Alfredo are required to leave the United States. They both 
     love our country and they support it with their heart and 
     soul.
       Maria seems to have an unending energy and enthusiasm 
     volunteering numerous hours at her church, the community, as 
     well as working full time in a fast paced medical 
     environment, caring for her four children and attending 
     college to continue her education to become a registered 
     nurse. Maria and Alfredo are raising four exceptional 
     children who are excelling in school and extracurricular 
     activities. It would cause an immeasurable hardship on these 
     children if their parents are not allowed to stay in the 
     United States. Therefore, we ask you please allow them to 
     stay so that their children can continue with their education 
     and their lives. The effect on their children would be 
     emotionally and mentally severe and it would seem unfair to 
     all to allow this situation to happen to people who deserve 
     to be in this country.
       We will like for our plea to be heard by the members of the 
     Senate and for them to consider the acceptance of the private 
     bill on behalf of this family. Please consider the high 
     regard that Maria and Alfredo have earned with their fellow 
     workers when making the determination regarding of their 
     residency status.
           Sincerely,
         Laurie Weisberg, M.D. Chief of Oncology, Edmond 
           Schmulbach, M.D. Oncology Specialist, William Huang, 
           M.D. Oncology Specialist, Kelly Sutter, RNNP Oncology, 
           Jodie L. Beyer, pharm. D. Oncology pharmacist, Cynthia 
           Galicia, RN Oncology Infusion Dept., Clarita 
           Difuntorum, RN, Oncology Infusion Dept., Gail Walker, 
           RN Oncology Infusion Dept., Fran Luna, RN Oncology 
           Infusion Dept., Marita Tumaneng, RN Oncology Infusion 
           Dept., Barbara Modica, MA Oncology Dept., Jenifer 
           Ogolin, MA Oncology Dept., Kathie Ankers, MA 
           Gastroenterology Dept., and Tracy Thurman, MA 
           Gastroenterology Dept.
                                  ____

                                   San Bruno Park School District,


                                             Belle Air School,

                                  San Bruno, CA, January 14, 2005.
       Dear Senator Feinstein: I am writing in behalf of the 
     Plascencia Family. I have known this family for over ten 
     years as the Principal of Belle Air Elementary School. I have 
     the utmost respect for the parents and their family values. 
     The children are wonderful. They are well taken care of and 
     are well adjusted. I am so worried that if they are separated 
     from their parents the affect of the separation will cause 
     reprievable damage to their well being. I have personally 
     counseled the children during the drama of the possible 
     deportment of their parents. I saw the deep sadness and worry 
     that the stress caused. I know that parents wanted a better 
     life for their children and have worked very hard to 
     actualize that. To take the parents and or move this family 
     would be tragic. There are so many undeserving people who 
     will stay in the United States that should leave and be sent 
     back to their countries. But this family is not one. They are 
     a picture of the American dream. They work hard, support 
     their family, church and community. Their children have grown 
     to be proud American citizens. The oldest daughter Christy is 
     an honor student and a cheerleader at Parkside Middle School 
     and a graduate of Belle Air. Christy's brother and sister, 
     Alfredo and Erica, are both on our school's student council. 
     They too, are very bright students.
       Please do not let an injustice of deportment happen to this 
     family. Please assist them and keep them a family unit. We 
     have so many children hurt and scared already in the world. 
     Please do not add these children and this family to the 
     numbers. This family and these children are what help keep 
     American values and traditions alive. I came from an 
     immigrant family and have made it my mission to give back to 
     others by working in education and that is why I am 
     personally writing this letter because I know what family, 
     hard work, and love can do to produce productive adults and 
     citizens.
       Please find it in your heart, to help this family.
       If you need to speak with me personally feel free to 
     contact me.
            Sincerely,
                                                Angela M. Addiego,
     Belle Air School, Principal.
                                  ____

         Mensajeros de Cristo, Comunidad de Oracion y 
           Evangelizacion, All Souls Parish,
                              San Francisco, CA, January 13, 2005.
     Sen. Dianne Feinstien,
     San Francisco, CA.
       This letter represents the community and is in regards to 
     the situation of Maria and Alfredo Plascencia. We would like 
     to make you aware of a few facts and information that may 
     have possible bearing on Mr. and Mrs. Placencia's situation.
       They have both been productive and valued members, of long 
     standing, of our community and in our church.
       Maria and Alfredo have been active members of All Souls 
     Parish since 1997, Where they are currently serving as 
     counselor of Mensajeros de Cristo. They have shown high moral 
     standard through the years.
       They are well thought of and respected by the congregation.
       Please take this information into consideration when 
     evaluating their status of Staying in this country.
       Should you need any additional information, please do not 
     hesitate to contact us.
           Sincerely,
                                                        Hugo Lara,
     Mensajeros de Cristo, Coordinator.
                                  ____

                                                 January 13, 2005.
     Senator Dianne Feinstein,
     San Francisco, CA.
       This letter is just to let you know that, I know Maria and 
     Alfredo Plascencia since March 1999. When he joined the 
     Charismatic Renewal of the Archdioceses of San Francisco, 
     though the prayer group Mensajeros de Cristo from the parish 
     of All Souls in South San Francisco.
       Maria and Alfredo are people with great moral principles, 
     good citizens, and good examples of their community. They are 
     very active members of the above prayer group.
       If you have any questions or concerns please feel free to 
     contact me.
           Sincerely yours,

                                                 Isabel Tovar,

                           Hispanic Director, Charismatic Renewal,
     Archdioceses of San Francisco.
                                  ____



                                            City of San Bruno,

                                                 January 12, 2005.
     Senator Dianne Feinstein,
     San Francisco, CA.
       Hon. Senator Feinstein: We are writing to you regarding, 
     Alfredo and Maria Plascencia, citizens of the City of San 
     Bruno, who are about to be deported in the very near future.
       Mr. and Mrs. Plascencia, in the sixteen years they have 
     resided in this country and

[[Page S5230]]

     raised their children, have proven to be hard working and 
     law-abiding people trying to provide a better place for their 
     family. While we are certainly aware of the laws of this 
     country we believe that this is a time when we should do 
     everything possible to allow legal residency so this family 
     can stay in this country.
       We urge you to afford the Plascencia family whatever 
     consideration possible.
           Sincerely yours,
     Larry Franzela,
       Mayor.
     Jim Ruane,
       Vice Mayor.
     Chris Pallas,
       Councilmember.
     Irene O'Connell,
       Councilmember.
     Ken Ibarra,
       Councilmember.
                                  ____



                                           St. Bruno's Church,

                                  San Bruno, CA, January 13, 2005.
     Sen. Diane Feinstein,
     U.S. Senate,
     Washington, DC.
       The purpose of this letter is to present my observations on 
     Alfredo Placencia Lopez and Maria Placencia's character and 
     work ethic. I first came to know them in our Church when they 
     came to worship on a Sunday. This happened around January 
     1998.
       And so far, the last 7 years both Alfredo and Maria have 
     been two of our outstanding parishioners at St. Bruno's 
     Church. They come to Sunday Mass and worship, and have been 
     involved in many ministries and services here in our Church 
     at St. Bruno's. Alfredo has been especially a minister of 
     hospitality, always welcoming people to church and 
     participation in the life of the community, helping to 
     provide a spirit of acceptance and concern among our people 
     and providing bread and refreshments for some gatherings. 
     Alfredo has also reached out to the homeless for whom we have 
     a shelter in our Parish and especially providing them with 
     food. Maria has been especially involved as a teacher, 
     faithfully giving to our children the fundamentals of our 
     Faith, of the Gospel and of a Christian moral life. She has 
     founded a Children's Choir and leads them with our Special 
     Music for Sunday worship. They have four children all of whom 
     have been baptized at St. Bruno's Church and come to our 
     School of Religion and our Church.
       Alfredo and Maria have been most generous with their time, 
     their talents and their money, sharing all these with the 
     members of our Church Community. They have also frequently 
     donated food to the Church and to the Pastor. I have found 
     them to be really good Christian people, most generous, 
     considerate, kind, honest and reliable. If they would have to 
     leave the United States, it will be most difficult for them 
     and for their children who have been growing in a Christian 
     environment and are doing so well; it would be a tremendous 
     loss. We too here in our Church would find it difficult 
     without them. For they are a great asset to this country and 
     to our Church and to many people.
       We appreciate whatever you can do for them to help them get 
     their legal papers of residence in the United States.
       Thank you very much.
           Sincerely yours,
                                                       Rene Gomez,
     Pastor of St. Bruno's Church.
                                  ____



                                                San Bruno, CA,

                                                 January 13, 2005.
     Re Alfredo Placencia Lopez and/or Maria Del Refugio 
         Placencia.

       To Whom It May Concern: My name is Elisa Alvarez. Alfredo 
     and Maria Placencia and Family are my neighbors and friends, 
     I have known them since 1999. They live on 3rd Ave. and I 
     live on 4th. Since I have known them I saw that they are a 
     very close and spiritual family. I enjoyed their company 
     because they have been a great example of how a close family 
     they are and how spiritual they are. They are great parents 
     and they love and are very close with the rest of their 
     family. They always go every where together as a family, you 
     never see them without each other. They always get together 
     with the rest of their relatives they are very close family. 
     They invited me one night to a prayer group and even offered 
     to pick me up and take me and bring me home when I was going 
     through some hard times. This experience was so moving, and 
     it help me and my whole life changed from that day on. I have 
     became very spiritual thanks to the Alfredo and Maria. I met 
     them at St. Bruno's Church. They always do voluntary work at 
     the church they both do so much for our parish and are always 
     willing to help anyone who needs it.
       If Alfredo and Maria are separated from their children and 
     family it will be very hard for their children to be with out 
     their parents or I know if they all go to Mexico it will be 
     very hard for this family to survive there. I hope you can 
     help them by not separating this family, they are hard 
     workers and I'm sure they would never be a burden for this 
     country. This is a very nice young family, you don't see 
     families like this one these days. I hope everything can be 
     done so Alfredo and Maria can get their permanent residency 
     and their lives can get back to normal and . they don't have 
     to suffer from this bad roller coaster.
       Thank you for your attention to this letter.
           Sincerely,
     Elisa Alvarez.

                          ____________________