[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S92-S93]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
   S. 119. 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 reintroducing 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 Mr. Tape and Ms. Toto is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Mr. Tape and Ms. Toto were previously political activists who were 
subjected to numerous atrocities in the early 1990s in the Ivory Coast.
  After a demonstration in which both were promoting peace, they were 
jailed and tortured by their own government. Ms. Toto was brutally 
raped by her captors and in 1997 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 was able to give 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, CA. They are active members 
of Easter Hill United Methodist Church.
  Mr. Tape works full-time as a security guard with Universal 
Protective Services. He also manages a small business, Melody's Carpet 
Cleaning & Upholstery. He employs four other individuals, all U.S. 
citizens. 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 reoccurrence of the disease.
  In addition to raising her two children, Ms. Toto became a certified 
Nursing Assistant in 2001 and currently works at Creekside Health Care 
in San Pablo, CA. She hopes to finish her schooling so that she can 
become a Registered Nurse. 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 the Ivory Coast due to his prior association with 
President Gbagbo. Mr. Tape strongly believes that his family will be 
targeted if they return to the 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 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 the Ivory Coast, these two young children will be 
forced to enter the army.
  We are the only hope for this family who seeks to remain in the 
United States. To send them back to the Ivory Coast, where they will 
likely face persecution and will not be able to obtain adequate medical 
treatment for their illnesses would be devastating to them. 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. Representative George Miller has also requested that we assist 
this family.
  I ask my colleagues to support this private bill. 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. 119

       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 
     (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Guy Privat Tape or Lou Nazie 
     Raymonde Toto enters the United States before the filing 
     deadline specified in subsection (c), Guy Privat Tape or Lou 
     Nazie Raymonde Toto, as appropriate, shall be considered to 
     have entered

[[Page S93]]

     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) 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 subsequent 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 (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 birth of Guy Privat Tape and Lou Nazie Raymonde 
     Toto under section 202(e) of such Act (8 U.S.C. 1152(e)).
                                 ______