[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[Senate]
[Pages S7925-S7926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 3382. A bill for the relief of Guy Privat Tape and Lou Nazie 
Raymonde Toto; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Guy Privat Tape and his wife Lou Nazie 
Raymonde Toto. Mr. Tape and Ms. Toto are citizens of the Ivory Coast, 
but have been living in the San Francisco area of California for 
approximately 15 years.
  The story of the Mr. Tape and Ms. Toto is compelling and I believe 
they merit Congress's special consideration for such an extraordinary 
form of relief as a private bill.
  Mr. Tape and Ms. Toto were subjected to numerous atrocities in the 
early 1990s in the Ivory Coast. After participating in a demonstration 
against the ruling party, they were jailed and tortured by their own 
government. Ms. Toto was brutally raped by her captors and several 
years later learned that she had contracted HIV.
  Despite the hardships that they suffered, Mr. Tape and Ms. Toto were 
able to make a better life for themselves in the United States. Mr. 
Tape arrived in the U.S. in 1993 on a B1/B2 non-immigrant visa. Ms. 
Toto entered without inspection in 1995 from Spain. Despite being 
diagnosed with HIV, Ms. Toto gave birth to two healthy children, 
Melody, age 10, and Emmanuel, age 6.
  Since arriving in the United States, this family has dedicated 
themselves to community involvement and a strong work ethic. They pay 
taxes and own their own home in Hercules, California. They are active 
members of Easter Hill United Methodist Church.
  Mr. Tape is the owner of a small business, Melody's Carpet Cleaning & 
Upholstery, which has four other employees. Unfortunately, in 2002, Mr. 
Tape was diagnosed with urologic cancer. While his doctor states that 
the cancer is currently in remission, he will continue to require life-
long surveillance to monitor for recurrence of the disease.

  In addition to raising her two children, Ms. Toto obtained a 
certificate to be a nurse's aide and currently works as a Resident Care 
Specialist at Creekside Health Care in San Pablo, California. She hopes 
to finish her schooling so that she can become a Registered Nurse. She 
is currently taking classes at Contra Costa Community College. Ms. Toto 
continues to receive medical treatment for HIV. According to her 
doctor, without access to adequate health care and laboratory 
monitoring, she is at risk of developing life-threatening illnesses.
  Mr. Tape and Ms. Toto applied for asylum when they arrived in the 
U.S., but after many years of litigation, the claim was ultimately 
denied by the 9th Circuit Court of Appeals.
  Although the regime which subjected Mr. Tape and Ms. Toto to 
imprisonment and torture is no longer in power, Mr. Tape has been 
afraid to return to Ivory Coast due to his prior association with 
President Gbagbo. Mr. Tape had previously sought to promote democracy 
and peace in the region in support of the current President Gbagbo's 
party. However, in 2006 Mr. Tape publically distanced himself from 
President Gbagbo's government when he accused the party of violence and 
corruption. As a result, Mr. Tape strongly believes that his family 
will be targeted if they return to Ivory Coast.
  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 two U.S. citizen children. For Melody and Emmanuel, the United 
States is the only country they have ever known. Mr. Tape believes that 
if the family returns to Ivory Coast, these two young children will be 
forced to enter the army.
  This bill is the only hope for this family to remain in the United 
States. To send them back to Ivory Coast, where they may face 
persecution and inadequate medical treatment for their illnesses would 
be devastating to the family. They are contributing members of their 
community and have embraced the American dream with their strong work 
ethic and family values. I have received approximately 50 letters from 
the church community in support of this family.
  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 placed in 
the Record, as follows:

                                S. 3382

       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 GUY PRIVAT TAPE AND 
                   LOU NAZIE RAYMONDE TOTO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Guy Privat Tape and Lou Nazie Raymonde Toto 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 Guy Privat Tape and Lou Nazie 
     Raymonde Toto enters the United States before the filing 
     deadline specified in subsection (c), Guy Privat Tape and Lou 
     Nazie Raymonde Toto shall be considered to have entered and 
     remained lawfully in the United States and shall be eligible 
     for adjustment of status under section

[[Page S7926]]

     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 Guy Privat Tape and 
     Lou Nazie Raymonde Toto, 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 birth of Guy Privat Tape and Lou Nazie Raymonde 
     Toto 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 
     Guy Privat Tape and Lou Nazie Raymonde Toto under section 
     202(e) of such Act.
                                  ____

                                                Black Alliance for


                                             Just Immigration,

                                      Berkeley, CA, July 17, 2008.
     Hon. Dianne Feinstein,
     U.S. Senator,
     San Francisco, CA.
       Dear Senator Feinstein: I'm writing on behalf of Guy Privat 
     Tape and Raymond Tape and their three children. The Tape 
     family arrived in the United States in 1993 (husband) and 
     1995 (wife) as political refugees from the Ivory Coast. Both 
     of them were imprisoned, tortured and beaten, and Mrs. Tape 
     was repeatedly raped, while in the Ivory Coast. As a 
     consequence, she is HIV positive. They were very fortunate to 
     escape with their lives. On the facts, they seem to have a 
     strong case for political sanctuary since the same forces are 
     in power in their homeland.
       Recently the Tape family received the terrifying notice 
     from the Immigration and Customs Enforcement (ICE) that on 
     August 6 they should report to be deported. It is outrageous 
     that our government is about to send this family into a 
     dangerous situation. And the impact upon the two children 
     will be devastating.
       Please intervene and use your power to ask ICE to 
     reconsider their petition for political asylum. Thank you for 
     your attention to this matter.
           Sincerely,
                                                    Gerald Lenoir,
     Director.
                                  ____

                                                    June 29, 2008.
     Hon. Dianne Feinstein,
     U.S. Senator,
     San Francisco, CA.
       Dear Senator Feinstein: I am writing this letter on behalf 
     of Guy Privat Tape and his wife, Lou Nazie Toto and their two 
     children. Guy Tape arrived in the United States in 1993 and 
     his wife, Lou Nazie Toto, arrived in 1995 as political 
     refugees from the Ivory Coast. In 1995 they applied for 
     political asylum.
       They became members of Easter Hill United Methodist Church 
     in Richmond, California shortly after they arrived in the 
     United States and have been faithful and loyal members since 
     that time. They are the proud parents of two children who are 
     United States Citizens. Their daughter sings in the 
     children's choir and is a member of the children's usher 
     board.
       Guy Tape is self employed and Lou Nazie Toto is employed as 
     a CNA (Nurse's Assistant). They own their own home and are 
     productive taxpayers.
       The U.S. Immigration and Custom Enforcement (ICE) is 
     deporting Guy Tape and his wife, Lou Nazie Toto, back to the 
     Ivory Coast on August 5, 2008. The United States government 
     will be returning this family back to the people who jailed 
     them, beat them.
       I am asking you to please intervene and use your power to 
     ask ICE to reconsider this couple's petition for political 
     asylum.
       Thank you for your consideration in this matter.
           Sincerely yours,
                                               Rev. Billye Austin,
                                                           Pastor.
       p.s. America made a promise of political asylum to the 
     Tapes--it should keep it!
                                  ____

                                                       Easter Hill


                                      United Methodist Church,

                                      Richmond, CA, June 30, 2008.
     Hon. Dianne Feinstein,
     U.S. Senator,
     San Francisco, CA.
       Dear Senator Feinstein: The members of Easter Hill United 
     Methodist Church are asking your assistance to prevent the 
     deportation of the Tape family on August 5, 2008. The Tape 
     family are faithful members of Easter Hill Church. The 
     enclosed 48 letters asking for your help were signed by 
     members of Easter Hill United Methodist Church on Sunday, 
     June 29, 2008:
       The following are the members who have signed requesting 
     your assistance for the Tape family:
       Joyce Clark; Annie Harris; Horacio Avelino; Thelma Daniels; 
     Augustine Williams; Justin M. McMath; Clara Davis; Karen 
     Colquitt; Meredith Withers; Malanna Wheat; Jay Jackson; Dr. 
     Robert Anderson; Monique Lee; Edward Colquitt; Cecile Smith; 
     Dr. Corann Withers; and Ila Warner.
       Pauline Wesley; Zachary Harris; Shirley Haney; Nicole 
     Kelly; Charlesetta Cannady; Sylvester Weaver; Bennie Smith; 
     Joan Daniels; Valree Wilson; Dr. Nannette Finley Hancock; 
     Adolphus Benjamin; Harriet M. Brown; Beverly Hardy; Ernest 
     Baffo-Gyan; Bassey Effiong; and Girlee Parr.
       Gladys Harvey; Alfred J. Daniels, Jr.; Sheila Phillips; 
     Renee Lowery; James Bell; Vesper Wheat; William Harris; 
     Napoleon Britt; Todd Wheat; Carolyn Benjamin; Samuel Harvey; 
     Cassandra Clarke; Sharon Nash Haynes; Ena A. Harris; Eloise 
     Hewitt; and Frank Fisher.
           Thank you,
                                         Myrtle Braxton Ellington,
                                     Church & Society Chairperson.
                                 ______