[Congressional Record Volume 154, Number 99 (Monday, June 16, 2008)]
[Senate]
[Pages S5658-S5663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BIDEN:
  S. 3136. A bill to encourage the entry of felony warrants into the 
NCIC database by States and provide additional resources for 
extradition; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Fugitive 
Information Networked Database Act of 2008, or the FIND Act. This bill 
provides resources to law enforcement to ensure the entry of felony 
warrants into the national FBI database and to assist in tracking down 
and extraditing fugitives. It helps ensure that fugitives who flee 
their States will be located, apprehended, and brought to justice. It 
protects our communities by taking dangerous criminals off the streets.
  According to a recent series of articles in the St. Louis Post-
Dispatch, anywhere from 1.9 million to 2.7 million felony fugitives are 
on the run from law enforcement. When State and local law enforcement 
issue a warrant for a fugitive's arrest, they are expected to enter it 
into the FBI's National Crime Information Center database as well as 
into their own State and local databases. The national database is 
accessible to all State and local law enforcement agencies, which use 
the national database to track fugitives around the country.
  The national database is only as good as the information that States 
enter into it, however. Too often, State and local law enforcement 
agencies enter warrants into the State and local databases, but not 
into the national database. It is estimated that more than a third of 
all felony warrants have not been entered into the national database. 
That means anywhere from 800,000 to 1.6 million wanted felons can 
escape justice and remain at large in our communities simply by 
crossing State lines.
  Unless a warrant is entered into the national database, a sheriff or 
police officer who stops a fugitive has no way of knowing that he is 
wanted in another jurisdiction--sometimes for a violent crime. Many 
fugitives go on to commit additional crimes in other States. Some know 
that if they can flee across State lines, there's a good chance they 
can--in some cases--get away with murder. This is inexcusable.
  I have heard a range of reasons why State and local law enforcement 
have not been entering felony warrants into the national database. 
Some reasons are valid. For instance, if law enforcement is using a 
person suspected of a felony as an informant, it's understandable that 
they would not want to enter the informant's name into the database.

  Many jurisdictions don't enter warrants into the national database, 
however, simply because they don't have the time and resources to 
update and validate warrant entries, which is a resource- and time-
intensive process.
  Fortunately, the burden of warrant entry and validation can be 
alleviated. By developing new databases, or by upgrading existing ones, 
to ensure compatibility and interoperability with the national 
database, State and local law enforcement can facilitate information 
sharing and seamless warrant entry into databases at all levels of 
government. With additional resources to hire personnel for the 
validation process, State and local law enforcement can enter felony 
warrants into the national database without worrying about not having 
the resources to validate them.
  The FIND Act addresses the problem of warrant backlogs by providing 
State and local law enforcement with the resources necessary to develop 
and upgrade their systems, and hire additional personnel to perform the 
validation process. Specifically, it authorizes $25 million for fiscal 
years 2009 and 2010 for grants to States to develop new systems or 
upgrade existing systems so that they are interoperable with the NCIC 
database.
  Another reason law enforcement doesn't enter felony warrants into the 
national database is concern that the State will not have the resources 
to extradite the fugitive if he is found outside the State's borders. 
Helping State and local agencies enter their felony warrants into the 
national database is therefore only half the battle. We also need to 
ensure that when a dangerous fugitive is caught, the jurisdiction in 
which he is wanted can work with the U.S. Marshals Service to extradite 
him to face justice.
  While I was drafting this bill, I spoke to one sheriff who 
apprehended an individual wanted for rape in another State. The sheriff 
notified that State that he had their criminal in custody, but when the 
State said they didn't have the resources to extradite him, the sheriff 
had no choice but to free the rapist into his community.

[[Page S5659]]

  When we in Congress do not provide law enforcement with the basic 
resources they need to extradite dangerous criminals like this, we fail 
in our most basic duty to those we represent--the duty to protect them 
from violent crime.
  The U.S. Marshals Service is on the front lines of fugitive 
apprehension and extradition. We authorized funds several years ago for 
the development of Regional Fugitive Task Forces that combine the 
resources and expertise of State and local law enforcement and the U.S. 
Marshals Service. These task forces have been very successful and could 
do much more to track down and extradite fugitives if they had the 
proper resources.
  My bill authorizes an additional $20 million in fiscal year 2009 to 
fund existing and develop new regional task forces, and it provides $10 
million for fiscal years 2010 through 2014. It also authorizes $3 
million for each of fiscal years 2009 through 2014 to assist in the 
extradition of fugitives through the Justice Prisoner and Alien 
Transport System.
  The FIND Act provides essential resources to locate, capture, and 
bring to justice dangerous fugitives. It takes commonsense steps to 
protect our communities from rapists, murderers, and other violent 
criminals who have fled across State lines. I urge my colleagues to 
support it.
  Mr. President, 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:

                                S. 3136

       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 ``Fugitive Information 
     Networked Database Act of 2008'' or the ``FIND Act''.

     SEC. 2. DEFINITION.

       In this Act, the term ``National Crime Information Center 
     database'' is the computerized index of criminal justice 
     information operated by the Federal Bureau of Investigation 
     pursuant to section 534 of title 28, United States Code, and 
     available to Federal, State, and local law enforcement and 
     other criminal justice agencies.

     SEC. 3. GRANTS TO ENCOURAGE STATES TO ENTER FELONY WARRANTS.

       (a) State System.--A State Attorney General may, in 
     consultation with local law enforcement and any other 
     relevant government agencies, apply for a grant from the 
     United States Attorney General to--
       (1) develop and implement secure, electronic warrant 
     management systems that permit the prompt preparation, 
     submission, and validation of warrants and are compatible and 
     interoperable with the National Crime Information Center 
     database; or
       (2) upgrade existing electronic warrant management systems 
     to ensure compatibility and interoperability with the 
     National Crime Information Center database;

     to facilitate information sharing and to ensure that felony 
     warrants entered into State and local warrant databases can 
     be automatically entered into the National Crime Information 
     Center database. The grant funds may also be used to hire 
     additional personnel, as needed, for the validation of 
     warrants entered into the National Crime Information Center 
     database.
       (b) Eligibility.--In order to be eligible for a grant 
     authorized under subsection (a), a State shall submit to the 
     United States Attorney General--
       (1) a plan to develop and implement, or upgrade, systems 
     described in subsection (a);
       (2) a report that--
       (A) details the number of felony warrants outstanding in 
     the State;
       (B) describes any backlog of warrants that have not been 
     entered into the State and local warrant databases or into 
     the National Crime Information Center database, over the 
     preceding 3 years (including the number of such felony 
     warrants);
       (C) explains the reasons for the failure of State and local 
     government agencies to enter felony warrants into the 
     National Crime Information Center database; and
       (D) demonstrates that State and local government agencies 
     have made good faith efforts to eliminate any such backlog; 
     and
       (3) guidelines for warrant entry by State and local 
     government agencies that will ensure that felony warrants 
     entered into State and local warrant databases will also be 
     entered into the National Crime Information Center database 
     and explain the circumstances in which, as a matter of 
     policy, certain felony warrants will not be entered into the 
     National Crime Information Center database.
       (c) Authorization.--There are authorized to be appropriated 
     to the Attorney General $25,000,000 for each of the fiscal 
     years 2009 and 2010 for grants to State and local government 
     agencies for resources to carry out the requirements of this 
     section.

     SEC. 4. FBI COORDINATION.

       The Federal Bureau of Investigation shall provide to State 
     and local government agencies the technological standard that 
     ensures compatibility and interoperability of all State and 
     local warrant databases with the National Crime Information 
     Center database.

     SEC. 5. REPORT REGARDING FELONY WARRANT ENTRY.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the House and Senate Committees 
     on the Judiciary a report regarding--
       (1) the number of felony warrants currently active in each 
     State;
       (2) the number of those felony warrants that State and 
     local government agencies have entered into the National 
     Crime Information Center database;
       (3) the number of times State and local law enforcement in 
     each State has been contacted regarding a fugitive 
     apprehended in another State over the preceding 3 years; and
       (4) the number of fugitives from each State who were 
     apprehended in other States over the preceding 3 years but 
     not extradited.
       (b) Assistance.--To assist in the preparation of the report 
     required by subsection (a), the Attorney General shall 
     provide the Comptroller General of the United States with 
     access to any information collected and reviewed in 
     connection with the grant application process described in 
     section 3.
       (c) Report to the Attorney General.--States that receive 
     grants under section 3 shall, as a condition of receiving the 
     grant, report to the Attorney General on an annual basis the 
     number of felony warrants entered into the State and local 
     warrant databases, the number of felony warrants entered into 
     the National Crime Information Center database, and, with 
     respect to felony warrants not entered into the National 
     Crime Information Center database, the reasons for not 
     entering such warrants. On an annual basis, the Attorney 
     General shall submit to the House and Senate Committees on 
     the Judiciary a report containing the information received 
     from the States under this subsection.

     SEC. 6. ADDITIONAL RESOURCES FOR FUGITIVE TASK FORCES AND 
                   EXTRADITION.

       (a) Presidential Threat Protection Act of 2000.--Section 
     6(b) of the Presidential Threat Protection Act of 2000 (28 
     U.S.C. 566 note) is amended by adding at the end the 
     following: ``There are authorized to be appropriated to the 
     Attorney General for the United States Marshals Service to 
     carry out the provisions of this section $20,000,000 for 
     fiscal year 2009 and $10,000,000 for each of the fiscal years 
     2010 through 2014.''
       (b) Justice Prisoner and Alien Transport System.--There are 
     authorized to be appropriated to the Attorney General for the 
     United States Marshals Service $3,000,000 for each of fiscal 
     years 2009 through 2014 to assist in extradition of fugitives 
     through the Justice Prisoner and Alien Transport System.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 3137. A bill for the relief of Jorge Rojas Gutierrez, Oliva 
Gonzalez Gonzalez, and Jorge Rojas Gonzalez; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Jorge Rojas Gutierrez, his wife, Oliva 
Gonzalez Gonzalez and their son, Jorge Rojas Gonzalez. The Rojas family 
are Mexican nationals living in the San Jose area of California.
  The story of the Rojas family is compelling and I believe they merit 
Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Mr. Rojas and his wife Ms. Gonzalez originally came to the United 
States in 1990 when their son Jorge Rojas, Jr. was just 2 years old. In 
1995, they left the country to attend a funeral, and then re-entered on 
visitor's visas. The family has since expanded to include a son, Alexis 
Rojas now age 15 and a daughter Tania Rojas now age 14.
  Since arriving in the United States, this family has dedicated 
themselves to community involvement, a strong work ethic and 
volunteerism. They have been paying taxes since their arrival in 1990. 
The family has been described by their friends and colleagues as a 
``model American family.'' I would like to tell you some more about 
each member of the Rojas family.
  Mr. Rojas is a hard-working individual who has been employed by 
Valley Crest Landscape Maintenance in San Jose, California, for the 
past 14 years. Currently, Mr. Rojas works on commercial landscaping 
projects. He is well-respected by his supervisor and his peers.
  In addition to supporting his family, Jorge has volunteered his time 
and talents to provide modern green landscaping and a recreational 
jungle gym to Sherman Oaks Community Charter School, where his two 
youngest children attend school.

[[Page S5660]]

  Ms. Gonzalez, in addition to raising her three children, has been 
very active in the local community. She has worked to help other 
immigrants assimilate to American life by working as a translator and a 
tutor for immigrant children at Sherman Oaks Community Charter School 
and the Y.M.C.A. Kids after-school program.
  She has also coached soccer teams, and has recently directed a Second 
Harvest food drive for the school. Ms. Gonzalez also devotes many hours 
of her time to the organization People Acting in Community Together 
PACT, where she works to prevent crime, gangs and drug dealing in San 
Jose neighborhoods and schools.
  Perhaps one of the most compelling reasons for permitting the family 
to remain in the United States is the impact their deportation would 
have on their three children. Two of the children, Alexis Rojas age 15 
and Tania Rojas age 14, are U.S. citizens. Jorge Rojas, Jr. has lived 
in the United States since he was a toddler. For these children, this 
country is the only country they really know.
  Jorge Rojas, Jr. is currently working at Jamba Juice. He graduated 
from Del Mar High School in 2007 and has been accepted to San Jose City 
College. However, his dreams and aspirations have been placed on hold 
because he remains subject to deportation.
  Alexis and Tania Rojas are students at Sherman Oaks Community Charter 
School. They are described by their teachers as ``fantastic, wonderful 
and gifted'' students. In fact, the principal at Sherman Oaks has 
described all three of the children as ``honest, hard-working academic 
honor students'' and has commended all of them for their on-campus 
leadership.
  It seems so clear to me that this family has embraced the American 
dream and their continued presence in our country would do so much to 
enhance the values we hold dear. I have received 30 letters from the 
community in support of this family. Enactment of the legislation I 
have introduced today will enable the Rojas family to continue to make 
significant contributions to their community as well as the United 
States.
  I ask my colleagues to support this private bill.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3137

       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 JORGE ROJAS 
                   GUTIERREZ, OLIVA GONZALEZ GONZALEZ, AND JORGE 
                   ROJAS GONZALEZ.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and 
     Jorge Rojas Gonzalez 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 such Act or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Jorge Rojas Gutierrez, Oliva 
     Gonzalez Gonzalez, and Jorge Rojas Gonzalez enters the United 
     States before the filing deadline specified in subsection 
     (c), Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and 
     Jorge Rojas Gonzalez shall be considered to have entered and 
     remained lawfully in the United States 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 the 
     enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for the 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 Numbers.--Upon granting an 
     immigrant visa or permanent residence to Jorge Rojas 
     Gutierrez, Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez, 
     the Secretary of State shall instruct the proper officer to 
     reduce by 3, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of birth of Jorge Rojas 
     Gutierrez, Oliva Gonzalez Gonzalez, and Jorge Rojas Gonzalez 
     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 birth of 
     Jorge Rojas Gutierrez, Oliva Gonzalez Gonzalez, and Jorge 
     Rojas Gonzalez under section 202(e) of such Act.
                                  ____



                                                 San Jose, CA,

                                                   March 14, 2008.
     Hon. Diane Feinstein,
     Post Street,
     San Francisco, CA.
       Dear Senator Feinstein: We are the Rojas Family: Jorge 
     Rojas, Sr., 43 years old, supervisor, Valley Crest Landscape 
     Co.; Oliva Rojas, 40 years old, tutor, Sherman Oaks Charter 
     School; Jorge Rojas 19 years old, son; Alexis Rojas, 15 years 
     old, son; and Tania Rojas, 14 years old, daughter.
       The reason for this letter is to ask for your help on our 
     immigration status.
       We came to the U.S.A. in 1990, there were three in the 
     family at that time: my wife Oliva, my son Jorge, he was l-
     year and 5 months old, and myself. Years later Alexis and 
     Tania were born in California.
       After a long immigration process we were denied to stay in 
     the U.S.A. and now we are facing a voluntary departure 
     schedule on or before April 18, 2008, in the meantime we are 
     asking to extend our departure until the kids finish the 
     school year that ends on June 13, 2008.
       Our main goal is to stay in the U.S.A. as legal residents, 
     my kids were born here and grew up here, even my son Jorge 
     was too young to remember were he was born, this is all that 
     they have ever known. What I want the most now is that my 
     kids keep going with their hopes and dreams and be able to 
     stay in school and someday be great citizens in this Great 
     Country.
       After several changes in immigration laws, we started a 
     legal process trying to get a legal residence in this 
     country. One day we knew thru other people that someone in 
     the Los Angeles area could help us out to get a legal 
     residence, wrongly we started a political asylum process, 
     that later will be an application for cancellation of 
     removal, we were misled, we were told that its only a way to 
     get a hearing with an immigration judge and because we were 
     in the U.S.A. for more than 10 years and we have 2 citizen 
     kids will be a lot easier, afterwards we found out that this 
     person was not a lawyer and he was a notary, whom only submit 
     political asylum applications and then turn everything to a 
     lawyers that represent us in the hearings. A lot of trips to 
     L.A. but one day received a call telling me that me case was 
     move out to San Francisco and the next hearing will be there.
       At the first hearing in San Francisco the Judge instructed 
     me to get a lawyer that represent us in the upcoming process. 
     We hire a lawyer with immigration speciality, a real lawyer, 
     it was on March 2003. He represent us I think the best way 
     that he could, after almost 3 years on April 2006, we were 
     denied to stay and granted with voluntary departure within 60 
     days, this happen on April 2006.
       Still we had another chance; appeal to the Court of Appeals 
     for the Ninth Circuit, so in May 2006, we hired another 
     lawyer with better knowledge in appeals. Our efforts to stay 
     legally here never give up.
       On February 24, 2008 we received a decision from the Board 
     of Immigration Appeals saying that we have to leave the 
     country voluntary in the remaining 32 days after the final 
     decision that will be made on March 17, 2008.
       Now our last hope is if you can help us.
       We are a very close family that always been working and 
     doing voluntary jobs and time to the community where for 14 
     years we belong participating not only with our kids, we were 
     among parents and teacher helping.
       My wife Oliva has been a soccer coach and she is involved 
     in the community association named ``PACT'' (Parents Acting 
     in Community Together), helping too in the distribution of 
     food with ``The Second Harvest Food Program''. Myself I was a 
     soccer coach too and involved in a lot of jobs done to the 
     Sherman Oaks Charter School, were my three kids attended.
       My kids now are emotionally affected because they can not 
     understand all that is happening to us and of course to them, 
     for me is really hard to explain them.
       Even so we all know the decision that had been made, we 
     keep on going everything; work, school and time together as a 
     family. We have our hopes and faith in something or somebody 
     that is going to help us to stay in The U.S.A.
       I am pretty sure that with your help my whole family will 
     keep this faith, hopes and dreams going and we will be part 
     of this great country.
       I want to say ahead that myself and my family are deeply 
     grateful for you time and for whatever you can do for us.
       Thank you so much.
                                                      Jorge Rojas.
     Update on this letter
                                                   March 19, 2008.
       On March 17, 2008 we were granted by de I.C.E. Office with 
     60 days more until my kids can finish the school year, now 
     our voluntary departure is schedule on or before June 18, 
     2008. That gives us more comfort and time; hoping that you 
     can help us.
       Thanks again for your time and help.
     Jorge Rojas.
                                  ____



                                     House of Representatives,

                                    Washington, DC, June 13, 2008.
     Senator Dianne Feinstein,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Feinstein: In late February, staff from my 
     office met with Jorge

[[Page S5661]]

     Rojas and his wife, Oliva Gonzalez Rojas in regards to their 
     immigration case and that of their son, Jorge Rojas Gonzalez. 
     After exhausting all appeals to the decision of the 
     Immigration Judge, the family was scheduled to depart the 
     United States under an order of voluntary departure to Mexico 
     on April 18, 2008.
       My office supported their request to get an extension of 
     the voluntary departure order until June 18, 2008 so that the 
     two younger United States citizen children could finish the 
     school year. As of this moment the family is still scheduled 
     to leave the United States on June 18th. At the time of the 
     first meeting, my office also referred the Rojas family to 
     their U.S. Senators offices to inquire about the possibility 
     of a private bill being introduced.
       Since February, my office has received many calls from 
     individuals supportive of the Rojas family and concerned 
     about their impending departure. My office was also contacted 
     by People Acting in Community Together (PACT), members of the 
     Santa Clara Interfaith Council, Santa Clara County Office of 
     Human Relations, YMCA, and Sherman Oaks Community Charter 
     School.
       In addition, on March 9, 2008, the Rojas family 
     participated in a community forum organized by First 
     Presbyterian Church of Palo Alto. The Rojas family 
     participated on a panel which included a San Francisco 
     Immigration Judge, the Director of the Santa Clara County 
     Office of Human Relations, and one of my staff members. The 
     event was co-sponsored by the League of Women Voters of Palo 
     Alto, the Santa Clara Council of Churches, Multifaith Voices 
     for Peace and Justice, and El Buen Pastor, Iglesia Episcopal 
     Church (Redwood City). The organizers have verified that 
     there were a total of 115 attendees at the event, many of 
     whom still inquire about the Rojas family and their 
     situation.
       It is apparent that the Rojas family is a hard-working, 
     beloved family that has contributed much to their community 
     through their volunteer work. My office has been as 
     supportive as possible of this family and of their efforts to 
     exhaust all possible avenues to remain legally in the United 
     States.
       Thank you for your attention to this important matter.
           Sincerely,
                                                      Zoe Lofgren,
     Member of Congress.
                                  ____

                                                       ValleyCrest


                                        Landscape Maintenance,

                                      San Jose, CA, 12 March 2008.
     Re Jorge G. Rojas.

     Hon. Dianne Feinstein,
     U.S. Senate.
       Dear Senator Feinstein: Jorge G. Rojas has been working for 
     our company ValleyCrest Landscape Maintenance since 1994.
       Not only is he a valuable member of our team but has been 
     instrumental in energizing the water conservation and 
     sustainability issues as they relate to the LEED efforts in 
     the Bay Area for commercial landscaping.
       Jorge Rojas is a technician in Urban Construction. He 
     obtained his degree from Conalet Technical School in 
     Guadalajara.
       Jorge's skills in that area will be a great loss not only 
     to the company, but to the state of sustainability and green 
     programs in Silicon Valley.
       Commercial clients are seeking LEED certification for their 
     existing buildings and industry talent in this arena is 
     critical.
       We at ValleyCrest urge our to consider drafting a private 
     bill to secure permanent residency for him and his direct 
     family.
       Jorge is also seeking an extension from the Immigration 
     office to allow his American resident children to complete 
     their graduation.
       We would appreciate your thoughtful consideration of this 
     request.
           Sincerely,
                                                        Nada Duna,
     Regional Manager.
                                  ____

                                            Sherman Oaks Community


                                               Charter School,

                                     San Jose, CA, March 13, 2008.
       To Whom It May Concern: I write this letter in support of 
     the Oliva Gonzales Rojas and her family. Many years ago she 
     and her husband, Jorge, left Mexico to come to the United 
     States. At that time their oldest son was two years old. They 
     have lived in the United States in California for the last 
     eight en years.
       During that time they have consistently demonstrated their 
     commitment to this country, appreciating the opportunities 
     the United States has afforded them. In addition to their 
     oldest son, they have two other children--a son and daughter, 
     citizens of the United States. These children have 
     demonstrated strong academic skills, and they have shown 
     positive and consistent leadership. They understand the 
     importance of service to community.
       Yesterday, Alexis, their son volunteered at Sherman Oaks, 
     organizing our book room and hanging posters on the wall. He 
     has received excellent modeling from his parents who have 
     donated many hours of service to our school. They have 
     demonstrated discipline and excellence in their work. Olivia 
     works at Sherman Oaks as yard duty and as a tutor. Jorge, the 
     father, has developed a highly successful landscaping design 
     business, which caters to large-scale corporations and 
     business parks.
       Oliva and Jorge are decent people, who came to America to 
     live the American dream. For eighteen years they have worked 
     hard, rearing their children, teaching them the values of 
     perseverance, diligence, and sacrifice to achieve and to 
     thrive. Pillars of the community, the family is universally 
     loved and respected by all at Sherman Oaks School. It was 
     Jorge, who planted trees and fixed the irrigation system to 
     maintain the lush fields that are a mecca to our children and 
     their families. Oliva serves as the liaison for our school to 
     the neighborhood. She tutors their children, organizes 
     support for families in need, and integrates new immigrants 
     into the school. Oliva and Jorge are good people, model 
     citizens, and contributors to society.
       With great respect, I plead with you to consider the merit 
     of this case. Specifically, I request that the family may 
     stay, at least until the end of June, so that their children 
     can complete this school year. Thank you for your 
     consideration.
           Sincerely,
                                                   Nancy Atkinson,
     Principal.
                                  ____

                                                  People Acting in


                                           Community Together,

                                     San Jose, CA, March 17, 2008.
     Senator Dianne Feinstein,
     Post Street,
     San Francisco, CA.
       Dear Senator Feinstein: I am writing to express my strong 
     support for Oliva Rojas and her family and to ask for your 
     assistance in postponing--and we hope canceling--their order 
     of removal from the DOHS.
       Oliva was an active PACT volunteer leader for several years 
     in the early 2000s and has continued to support our 
     organization since then. PACT is a multi-ethnic, inter-faith 
     grassroots organization that empowers every day people to 
     create a more just community.
       For more than 20 years, PACT has helped ordinary people win 
     extraordinary victories for our community, not by speaking 
     for them, but by teaching them how to speak, act, and engage 
     in the public arena for themselves. Thousands of PACT-
     trained, volunteer community leaders have worked together 
     across ethnic, religious and socio-economic lines to create 
     innovative and effective public policies that have improved 
     the lives of hundreds of thousands of people throughout Santa 
     Clara County. For example, PACT co-founded Santa Clara 
     County's innovative Children's Health Initiative, which 
     provides access to health insurance to all low-income 
     children in the County and has served as a model for similar 
     programs in twenty-three other California counties plus many 
     other states, as well.
       Oliva was active with the PACT parent group at her child's 
     charter school. She put in many hours every week to help 
     improve the school for the benefit of all the children. She 
     was also a leader in the effort to fight crime, gangs, and 
     drug dealing in the neighborhood around the school, and 
     helped organize large meetings with this purpose.
       I've been working for more than 15 years to involve 
     everyday people in the public life of their communities. 
     While most people feel disconnected and apathetic, Oliva is 
     full of hope and exudes inspiration about her community. Even 
     though she is new to this country, she embodies the values we 
     hold dear, as individuals and as a society: committed to her 
     family, hard working, involved in the community, participant 
     in the democratic process.
       Our community needs Oliva and her family. We need so many 
     more people like her. We would be a much weaker community 
     without her.
       Thank you for your assistance.
                                                      Matt Hammer,
     Executive Director.
                                  ____

                                                      Sherman Oaks


                                     Community Charter School,

                                     San Jose, CA, March 10, 2008.
     Diane Feinstein,
     U.S. Senator,
     San Francisco, CA.
       Honorable Senator Feinstein: I am writing in behalf of the 
     Jorge and Oliva Rojas Family and their eminent ``removal'' 
     from the United States. I have had the good fortune to have 
     known the Rojas family since 1999, when Tania Rojas was in my 
     Kindergarten class. We did home visits that year, and I was 
     immediately impressed with the close family ties and 
     structure within the Rojas household. Tania was a fantastic 
     student and we had a great year. Her mother, Oliva, was a 
     ready volunteer for anything that she could help out with at 
     school, and was always an integral part of our school 
     community. Two years later, I had Alexis in my fourth grade 
     class. Another wonderful, intelligent, GATE (Gifted and 
     Talented) student. That year, he talked about being an 
     astronaut some day. And, of course, Oliva continued to do 
     anything and everything to help out. Always with a positive 
     ``can-do'' attitude and sense of humor.
       Oliva started out volunteering, but because she is so 
     capable, she was soon hired by our school to do almost 
     everything! As a charter school, we have had more flexibility 
     in hiring than some schools. In the past, Oliva has helped 
     out as a substitute, an art teacher, yard duty, tutor, and 
     parent liaison. Students love and respect her. She is someone 
     who is always willing to help out where needed. She has been 
     a lifesaver to me, as a teacher, many times. Whether it's 
     making copies for me at the last minute, or helping out with 
     our 4th grade overnight at Sanborn Park when my partner 
     teacher got sick, or helping me design and build our altar 
     for Day of the Dead--Oliva is always there. Her

[[Page S5662]]

     background design for the 4th grade Opera every year, is 
     always spectacular. She helps students with homework. She 
     helps our Kindergartners in our ``mid day block''. Our 
     structure is very different from traditional schools, and 
     Oliva is someone who helps make it work. She helps make 
     everything work at our school. I can't even imagine what our 
     school will be like without her here. Her own 3 children, 
     Jorge, Alexis and Tania are no longer students at our school, 
     but truly, all the students at Sherman Oaks are Oliva's kids.
       Oliva soon started working in the YMCA's after school and 
     summer school program, where, once again, she was loved by 
     all who worked with her. I believe she has worked with them 
     for over 4 years. I am attaching this year's YMCA brochure, 
     which, ironically, came to my house just this week. On page 7 
     is a picture of smiling staff members. Center front, is Oliva 
     Rojas.
       Every October, the Rojas family participates with my 
     husband with his theater group, Familia Aztlan, in their 
     multicultural event celebrating Day of the Dead in San Jose. 
     Both Jorge Sr, and Jr, along with Tania and Alexis, 
     participate in the parade, wielding large, life sized, 
     skeleton puppets. Oliva puts her creativity to use, painting 
     the faces of children and adults alike.
       Oliva's removal from this country in mid April will put an 
     extreme hardship on all the students and teachers at Sherman 
     Oaks Community Charter School in San Jose for this school 
     year. As a teacher at this school for 10 years, I can 
     truthfully say that Oliva Rojas' position at our school 
     touches every single student. I can't imagine how we would 
     explain to our students why she was all of a sudden gone--mid 
     year. What could we say to explain it to them? And they will 
     ask.
       I respectfully ask for your intervention, in whatever way 
     you can, to get an extension of at least until June for the 
     removal of the Rojas Family. Ideally, this family merits full 
     time, legal status in this country based on their many civic 
     and artistic contributions, stable family, and work ethic. 
     But, if this is not possible, at least, for the sake of the 
     students, families, and faculty of Sherman Oaks Community 
     Charter School, please intervene for an extension until June, 
     2008.
       It is truly this country's loss if/when the Rojas Family is 
     ``removed.''
           Respectfully and hopefully,
                                                     Barbara Lynn,
     4th Grade Teacher.
                                  ____

                                      San Jose, CA, March 5, 2008.
       Senator Feinstein, I am writing to you because of my 
     concern for a co-worker and friend, Oliva Rojas. Although she 
     and her family have been trying to legally stay in the United 
     States for many years, her appeals have run out and she and 
     her family will be leaving on a volunteer departure on April 
     18th.
       I am Oliva's supervisor at Sherman Oaks Elementary School 
     in San Jose in the Campbell Elementary School District, a 
     bilingual, dual-immersion school. Oliva reports to me 
     everyday for 2 hours and works with grades K-6 with a 
     specialty in Kindergarten. (She works other hours for a 
     different supervisor.)
       I can't think of a time when I have been so disappointed in 
     our government. This is a family that is a vital part of our 
     community and Oliva is a valued co-worker. Because she is 
     smart, trusted, responsible and nurturing, Oliva has been 
     given many duties that go beyond her job description. (At one 
     time, we were a charter school and Oliva was even able to 
     substitute teach in classrooms and did a fabulous job.) 
     Oliva's family has always been the first to step up and take 
     action if something needed to be done at our school to 
     improve the grounds or atmosphere. They would be the first to 
     volunteer to help at the many gatherings we would have. Oliva 
     and her family are some of the most involved, unselfish 
     people I have ever met.
       If Oliva leaves on April 18th, it would be a hardship to 
     not only me and her fellow coworkers, but to each and every 
     child she works with on a daily basis. We depend on her to be 
     there because she handles the children in a very special 
     loving way. Nobody could replace her. I have tried to fill 
     her position with other employees at times when she is sick 
     or at immigration hearings and it has not worked out. We need 
     Oliva to be with us throughout this school year and beyond.
       I would like you to take a look at her case and help her 
     and her family out in this matter. Please do whatever you can 
     do to keep the family here in the United States.
           Thank you,
     Lynda Zolezzi.
                                  ____

                                     San Jose, CA, March 11, 2008.
     Senator Dianne Feinstein,
     One Post Street,
     San Francisco, CA.
       Dear Senator Feinstein: We ask you to please urge ICE to 
     allow Jorge Rojas, Sr., Oliva Rojas (his wife) and Jorge 
     Rojas, Jr. (their 19 year old son) to remain in this country 
     at least till the end of this school year, June 13, so that 
     their U.S. citizen children, Alexis and Tania, may finish 
     school. In fact, I would hope that the whole Rojas family 
     could stay legally for the rest of their lives.
       The Rojas family has been a fixture of our community in San 
     Jose for at least 16 years. We raised our sons, their Jorge 
     Jr. and our Sam, together from 2nd grade on (both are now 19 
     and 20 years old respectively), spending many hours together. 
     We were active together in People Acting Together (PACT) 
     successfully pushing for health insurance for all children in 
     Santa Clara Co. in 2000. Oliva is well-know to all children 
     at Sherman Oaks Community Charter School (Campbell Union 
     School District) due to her early volunteer work at the 
     school, then her paid position as an aide, and then as a YMCA 
     worker running after school programs.
       Jorge Rojas, Sr. has been an active parent leader in the 
     Sherman Oaks Community Charter School neighborhood in west 
     center San Jose. It was Jorge, as a trained landscaping 
     professional, who enlisted other parents to reseed and 
     regrade parts of the school playground and to repair the 
     irrigation system when the school district had no funds to do 
     so. It was Jorge who led the work to plant trees from Our 
     City Forest in front of the school to reduce heat and glare. 
     It was Jorge who volunteered his weekend operating the 
     equipment and then doing the hand digging necessary to 
     install a French drainage system (6 feet deep) into holes cut 
     in the concrete to ensure proper drainage.
       It was both Jorge and Oliva who for years volunteered to 
     coach soccer teams for neighborhood children after school. As 
     bilingual parents, Jorge and Oliva have been key to bridging 
     the cu1tural/language gap between neighbors in our 
     multicultural neighborhood and school community. If this 
     family leaves, they will leave a big hole in our community 
     which has come to depend on them for leadership, translation, 
     advice, hard work, and friendship. They will also leave a big 
     hole in the hearts of many of us who count them as close 
     friends.
       It is tragic that a whole community would suffer such a 
     loss due to a legal error made by an untrained, irresponsible 
     ``notario'' years ago. This family has spent thousands and 
     thousands of dollars in an effort to overcome the error of 
     that notario and to legalize their status.
       We ask for your assistance on behalf of the Rojas Family 
     and our community.
           Sincerely,
                                 Susan Price-Jang and Victor Jang.
                                 ______
                                 
      By Mr. WEBB. (for himself, Mr. Warner, Mrs. Clinton, Mr. Schumer, 
        Ms. Mikulski, Mr. Sanders, Mr. Cardin, Mr. Durbin, and Mr. 
        Kerry):
  S. 3140. A bill to provide that 4 of the 21 weeks of parental leave 
made available to a Federal employee shall be paid leave, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. WEBB. Mr. President, today I rise to introduce the bipartisan 
Federal Employees Paid Parental Leave Act of 2008. I introduce this 
bill with Senators Warner, Clinton, Kerry, Schumer, Mikulski, Sanders, 
and Durbin.
  This bill has a simple and yet important requirement: that Federal 
employees be granted 4 weeks of paid paternity and maternity leave.
  The Federal Government is the country's largest employer, with more 
than 2.7 million employees. My state of Virginia is home to more than 
100,000 Federal employees. As the Nation's largest employer, the 
Federal Government should be the leader in workplace policy. The 
Federal Government should provide benefits that are equal to what we 
call best practices in the private sector.
  Furthermore, according to the Office of Personnel Management, more 
than half of the Federal Government's employees will become eligible 
for retirement within the next 10 years. The Federal workforce is aging 
faster than the private workforce. The benefits desired by younger 
workers are offered by private sector employers, but not by the Federal 
Government. Although the Federal Government cannot compete with private 
sector salaries, we should be offering comparable benefits.
  The current parental leave law for Federal employees is in need of an 
update. The Federal Employees Paid Parental Leave Act provides that, of 
the 12 weeks of unpaid leave guaranteed by the Family and Medical Leave 
Act, federal employees will be allowed to substitute 4 weeks of paid 
leave, as well as any accrued annual or sick leave for the birth or 
adoption of a child.
  This requirement mirrors a recent provision put forward by the Senate 
Armed Services Committee in the National Defense Authorization Act, 
which would allow 21 days of paid paternity leave for our military 
personnel.
  The legislation we are introducing today is also an issue of fairness 
for the working family. The U.S. Census Bureau reports that more than 
70 percent of women with children over the age of 1 are in the 
workforce and that both parents work in most families.
  Additionally, according to the National Partnership for Women and 
Families, in today's highly competitive jobs environment, there is 
little workforce flexibility to help working

[[Page S5663]]

women and men care for their families and still succeed at their jobs. 
This is particularly true for those Americans whose economic security 
is most at risk.
  It is important to note the parental leave practices of non-Federal 
employers. Research by the Joint Economic Committee has found that 
Fortune 100 firms offer paid leave typically lasting 6 to 8 weeks. 
Additionally, most of America's economic rivals provide paid parental 
leave, as do many other nations. The European Union requires that 
member countries offer 14 weeks of paid leave and most offer more than 
the required amount.
  By contrast, our Nation's current laws force healthy, long-term 
federal employees to save up their sick days and vacation time so they 
can use this paid time off to care for their newborn or newly adopted 
child. Asking employees to cobble together accrued leave makes it 
difficult for relatively new employees or those who experience health 
problems to save up enough time for parental leave. We owe our civil 
servants a more thoughtful, worker-friendly policy.
  I note that the House of Representatives recently reported a similar 
bill out of the appropriate House committee by a strong bipartisan 
vote. I hope the Senate begins similar action on this bill.
  I urge my colleagues to support this pro-family, pro-Federal worker 
legislation.

                          ____________________