[Congressional Record Volume 152, Number 60 (Tuesday, May 16, 2006)]
[Senate]
[Pages S4621-S4622]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2813. A bill for the relief of Claudia Marquez Rico; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am offering today private relief 
legislation to provide lawful permanent residence status to Claudia 
Marquez Rico, a Mexican national living in Redwood City, CA
  Born in Jalisco, Mexico, Claudia was brought to the United States by 
her parents 16 years ago. Claudia was just 6 years old at the time. She 
has two younger brothers, Jose and Omar, who came to America with her, 
and a sister, Maribel, who was born in California and is a U.S. 
Citizen. America is the only home they know.
  Six years ago that home was visited by tragedy. As Mr. and Mrs. 
Marquez were driving to work early on the morning of October 4, 2000, 
they were both killed in a horrible traffic accident when their car 
collided with a truck on an isolated rural road.
  The children went to live with their aunt and uncle, Hortencia and 
Patricio Alcala. The Alcalas are a generous and loving couple. They are 
U.S. citizens with two children of their own. They took the Marquez 
children in and did all they could to comfort them in their grief. They 
supervised their schooling, and made sure they received the counseling 
they needed, too. The family is active in their parish at Buen Pastor 
Catholic Church, and Patricio Alcala serves as a youth soccer coach. In 
2001, the Alcalas were appointed the legal guardians of the Marquez 
children.
  Sadly, the Marquez family received bad legal representation. At the 
time of their parents' death, Claudia and Jose were minors, and 
qualified for special immigrant juvenile status. This category was 
enacted by Congress to protect children like them from the hardship 
that would result from deportation under such extraordinary 
circumstances, when a State court deems them to be dependents due to 
abuse, abandonment or neglect. Today, their younger brother Omar is on 
track to lawful permanent residence status as a special immigrant 
juvenile. Unfortunately, the family's previous lawyer failed to secure 
this relief for Claudia, and she has now reached the age of majority 
without having resolved her immigration status.

[[Page S4622]]

  I should note that their former lawyer, Walter Pineda, is currently 
answering charges on 29 counts of professional incompetence and 5 
counts of moral turpitude for mishandling immigration cases and appears 
on his way to being disbarred.
  I am offering legislation on Claudia's behalf because I believe that, 
without it, this family would endure an immense and unfair hardship. 
Indeed, without this legislation, this family will not remain a family 
for much longer.
  Despite the adversity they encountered, Claudia and Jose finished 
school and now work together in a pet grooming store in Redwood City, 
where Claudia is the store manager. They support themselves, and they 
are dedicated to their community and devoted to their family. In fact, 
last year Claudia became the legal guardian of her 14-year-old sister 
Maribel, who lives with her and Jose at their home in Redwood City. 
Omar, now 17 years old, continues to live with the Alcalas so as not to 
interrupt his studies at Aragon High School in San Mateo. Again, 
Maribel is a U.S. citizen, and Omar is eligible for a green card.
  Claudia has no close relatives in Mexico. She has never visited 
Mexico, and she was so young when she was brought to America that she 
has no memories of it. How can we expect her to start a new life there 
now?
  It would be a grave injustice to add to this family's misfortune by 
tearing these siblings apart. This is a close family, and they have 
come to rely on each other heavily in the absence of their deceased 
parents. This bill will prevent the added tragedy of another wrenching 
separation.
  I ask unanimous consent that the text of the bill be printed in the 
Record along with a letter from Claudia and Jose Marquez Rico.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2813

       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 CLAUDIA MARQUEZ 
                   RICO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Claudia Marquez Rico shall be eligible for 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 such Act or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Claudia Marquez Rico enters 
     the United States before the filing deadline specified in 
     subsection (c), she shall be considered to have entered and 
     remained lawfully and, if otherwise eligible, 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 the 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 is filed with appropriate fees not later 
     than 2 years after the date of the enactment of this Act.
       (d) Reduction of Immigrant VISA Number.--Upon the granting 
     of an immigrant visa or permanent residence to Claudia 
     Marquez Rico, 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 
     alien's 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 alien's birth under section 
     202(e) of such Act.
       (e) Denial of Preferential Immigration Treatment for 
     Certain Relatives.--The natural parents, brothers, and 
     sisters of Claudia Marquez Rico shall not, by virtue of such 
     relationship, be accorded any right, privilege, or status 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
                                  ____

                                                  January 3, 2005.
     Senator Dianne Feinstein,
     U.S. Congress,
     Washington, DC.
       Dear Senator Feinstein: We are writing to request your 
     assistance in introducing a private bill in the United States 
     Senate on our behalf. We are currently in deportation 
     proceedings before the Immigration Court in San Francisco, 
     California. We are twenty-one and eighteen years old 
     respectively. We have two other siblings, Omar, sixteen, and 
     Maribel, twelve.
       Our parents entered the United States without documents in 
     1990. We were very young at the time and don't remember 
     entering the United States or ever living in Mexico. Our life 
     in the United States is the only thing we have ever known, it 
     is where our family, friends, and community are and have 
     always been.
       In October 2000 our parents were both killed in a terrible 
     car accident. We were so sad to suddenly not have our parents 
     and scared about what our future would bring. After the 
     accident we went to live with our aunt and uncle, Hortencia 
     and Patricio Alcala, in San Mateo, California and they became 
     our legal guardians. It was difficult to adjust to life 
     without our parents. We lived in a new home, in a new 
     environment, and attended different schools with new people. 
     Everything in our lives had changed.
       Before their deaths, our parents had a case before the 
     Immigration Court in San Francisco, California and we were 
     included in that case. Our youngest sister Maribel was born 
     here in the United States and so she is a citizen and not 
     part of the case. We know that despite the deaths of our 
     parents that case continues and that we may be deported to 
     Mexico. We have a lawyer who is trying to help us with our 
     case, Angela Bean. She said she will be able to help our 
     brother Omar in his case because he is still a minor but that 
     there are few options for us to remain in the United States 
     legally. We are trying to find a solution for our case but 
     are scared we may be deported before we are able to do so.
       Our parents came to this country because they wanted a 
     better future for us and all we want is the chance to have 
     the kind of opportunities they sought for us. Jose Elvis 
     wants to study mechanics and then open his own shop and 
     Claudia wants to go to college. All of our dreams would be 
     lost if we had to return to Mexico. We have no family there 
     and no way of supporting ourselves. Even though we were born 
     there, we came to the United States at such a young age it's 
     as if we have never been there before.
       We not only worry about our future, but about our sister 
     Maribel if we were forced to go back to Mexico. She is the 
     youngest and we want to be here for her as she grows up and 
     to protect her and teach her things. All we have is each 
     other now and we don't want to be separated from the family 
     we have left.
       We ask for your help so that we can remain in the United 
     States and so we can continue to grow and be surrounded by 
     the people and places we know and love, Our lives have been 
     very difficult since the deaths of our parents and we hope 
     that we can remain in this country where we have the 
     opportunities our parents wanted for us and the family 
     support that we need.
           Sincerely,
     Claudia Marquez-Rico.
     Jose Elvis Marquez-Rico.
                                 ______