[Congressional Record Volume 153, Number 42 (Monday, March 12, 2007)]
[Senate]
[Pages S3002-S3003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 841. 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 18 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 15 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 14 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 5 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, 14, is the Plascencia's oldest child, and an honor student 
at Parkside Intermediate School in San Bruno.
  Erika, 10, and Alfredo Jr., 8, 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, the principal of Erika's 
school recognized her as the ``Most Artistic'' student in her class. 
Erika's teacher, Mrs. Nascon, remarked on a report card, ``Erika is a 
bright spot in my classroom.''
  The Plascencia's youngest child is 3-year-old Daisy.
  Removing Mr. and Mrs. Plascencia from the United States would be most 
tragic for their children. These children were born in the United 
States and, 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

[[Page S3003]]

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 entered into the Record immediately 
following this statement.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                 S. 841

       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), 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.
                                  ____



                                            Kaiser Permanente,

                              San Francisco, CA, January 10, 2007.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       To Whom It May Concern: I am writing to attest to the 
     character and work ethic of Marla Del Refugio Plascencia. I 
     am the Director of Medicine at Kaiser Permanente, South San 
     Francisco. I have known Maria since she was hired as a 
     medical assistant into my department in July 2000.
       Maria is an excellent employee and role model for her 
     colleagues. She is extremely dependable; She works in a very 
     demanding unit, Oncology, and is valued and depended on by 
     the physicians she works with. Maria is flexible, thorough 
     and proactive. She pays attention to detail and identifies 
     potential problems before they occur. In addition, her 
     bilingual skills enhance the patient care experience for our 
     members who speak Spanish.
       In her short tenure here, Maria found time to volunteer 
     with our community outreach programs. She served as a 
     volunteer interpreter for our recent Neighbors in Health 
     event, wherein free health care was provided to uninsured 
     children in our local community.
       I can't say enough about Maria and the type of person she 
     is. I feel fortunate to have her in my department. She is an 
     asset to the community and exemplifies the virtues we 
     Americans extol: hardworking, devoted to her family, 
     trustworthy and loyal employee, involved in her community. 
     She and her family are a solid example of the type of 
     immigrant that America should welcome wholeheartedly.
       It would be an incredible miscarriage of justice if Maria 
     and Alfredo are deported. They came to this country to pursue 
     a better life and afford their children opportunities that 
     they wouldn't have in Mexico. They have begun to do just that 
     by establishing roots in the community and purchasing a home. 
     Deporting Maria and Alfredo would rip their family apart and 
     result in either depriving their children of a loving family 
     or depriving them of their rights as American citizens if 
     they leave the country of their birth with their parents.
       I pray that you will allow them the opportunity to live in 
     this country.
           Sincerely,
                                                  Rose Carino, RN,
     Director, Department of Medicine.
                                  ____

     Sen. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       My name is Rosa Mendoza, and I am a resident of San Bruno, 
     my letter is with the purpose of presenting my observations 
     on Maria and Alfredo Plascencia whom I have known for about 6 
     yrs, when Maria started to work for Kaiser Permanente, as I'm 
     a Kaiser Permanente employee myself.
       Maria is a very respectful person, and owns very good moral 
     principles; she likes to help people according to each other 
     necessities. I support the private legislation introduced in 
     their behalf, as this type of people is what each country 
     needs. Here by I'm asking Senator Feinstein to please keep 
     working on their case for them to become residents of this 
     country, as this family needs to stay together. If there 
     should be any questions please do not hesitate to contact me 
     at xxxxxxxxxxxxxx.
           Sincerely,
     Rosa Mendoza.
                                  ____

                                                 January 10, 2007.
     Re: Alfredo Plascensia Lopez and Maria Del Refugio Plascencia

     Sen. Dianne Feinstein,
     Washington, DC.
       To Whom It May Concern: The purpose of this letter is to 
     present my observations on Alfredo Plascencia Lopez and Maria 
     Del Refugio Plascencia's character and work ethic.
       I have worked with Maria Del Refugio Plascencia for the 
     past six years and in that time I have gotten to know her as 
     a person and a friend. Maria is always willing to help in any 
     situation. She shows great compassion to the patients, as she 
     is always willing to assist them. In the past year, I have 
     also gotten to know Alfredo Plascencia Lopez as well as their 
     five children. Maria and Alfredo have invited my daughter and 
     me to their home on many occasions and while visiting there, 
     I have always felt very welcomed as my daughter feels the 
     same. They treat my daughter as if she were one of their own.
       In the past six years, I have also observed how hard 
     working both Maria and Alfredo are. But while working as hard 
     as they do both still find time to create a balance between 
     work, home, family, friends and church. Maria and Alfredo do 
     all they can for their family, employers and anyone who is in 
     need of a helping hand. As a mother, I can't imagine having 
     to go through what Maria and Alfredo are going through right 
     now. It would be unfair to the Plascencia family if Maria and 
     Alfredo were to be deported at this time in their lives. It 
     would also cause a great loss to the Oncology department as 
     Maria offers tremendous support to all of us here at Kaiser.
       Hereby I want to express my gratitude to Senator Feinstein 
     for the great work that she is doing on the private 
     legislation, and at the same time I want to ask to please 
     keep helping them by renewing the introduction of the 
     legislation. I hope that there is justice in this case and 
     some consideration of everyone involved in this situation. 
     Not only will Maria and Alfredo be affected by being deported 
     but also this could change the lives of their children, 
     family, friends, co-workers and the patients here at Kaiser. 
     We need more people like the Plascencia's in our country, as 
     they are a model family.
           Sincerely,

                                                Erika Hidalgo,

                                   Medical Assistant/Receptionist,
                                                Kaiser Permanente.
                                 ______