[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S97-S98]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 125. 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 rise today to offer legislation to 
provide lawful permanent residence status to Alfredo Plascencia Lopez 
and his wife, Maria del Refugio Plascencia, Mexican nationals who live 
in the San Bruno area of California.
  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.
  The Plascencia's have worked for years 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 anyway. 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 secure legitimate counsel and to 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 over 14 years, where his dedication and willingness 
to learn have propelled him from part-time work to a managerial 
position. He now overseas the market's entire packing operation and 
several employees.
  The president of the market, 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 and improved 
her skills to become a medical assistant.
  Those who have written to me in support of Mrs. Plascencia, of which 
there are several, 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.''
  Mrs. 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.''
  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 legislation 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, 17, is the Plascencia's oldest child, and an honor 
student. Erika, 14, and Alfredo, Jr., 12, have worked hard at their 
studies and received praise and good grades from their teachers. In 
fact, the principal of Erika's school has 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 also have two young children: 6-year-old Daisy and 
2-year-old Juan-Pablo.
  Removing Mr. and Mrs. Plascencia from the United States would be 
tragic for their children. Children who were born in the United States 
and who through no fault of their own have been thrust into a situation 
that has the potential to dramatically alter their lives.
  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 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.

[[Page S98]]

  I have sponsored this legislation, and asked 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 my colleagues to support 
this private bill on behalf of the Plascencia family.
  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. 125

       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 (8 U.S.C. 
     1151), 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 (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Alfredo Plascencia Lopez or 
     Maria Del Refugio Plascencia enter the United States before 
     the filing deadline specified in subsection (c), Alfredo 
     Plascencia Lopez or Maria Del Refugio Plascencia, as 
     appropriate, 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 (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 issuance of 
     immigrant visas or the application for adjustment of status 
     are filed with appropriate fees within 2 years after the date 
     of the 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 subsequent fiscal year, 
     the total number of immigrant visas that are made available 
     to natives of the country of birth of Alfredo Plascencia 
     Lopez and Maria Del Refugio Plascencia 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 Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______