[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Page S98]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. FEINSTEIN:
S. 126. A bill for the relief of Claudia Marquez Rico; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I am offering today private relief
legislation to provide lawful permanent residence status to Claudia
Marquez Rico, a Mexican national living in Redwood City, CA.
Born in Jalisco, Mexico, Claudia was brought to the United States by
her parents 16 years ago.
Claudia was just 6 years old at the time. She has two younger
brothers, Jose and Omar, who came to America with her, and a sister,
Maribel, who was born in California and is a U.S. Citizen. America is
the only home they know.
Eight years ago that home was visited by tragedy. As Mr. and Mrs.
Marquez were driving to work early on the morning of October 4, 2000,
they were both killed in a horrible traffic accident when their car
collided with a truck on an isolated rural road.
The children went to live with their aunt and uncle, Hortencia and
Patricio Alcala. The Alcalas are a generous and loving couple. They are
U.S. citizens with two children of their own and took the Marquez
children in and did all they could to comfort them in their grief. They
supervised their schooling, and made sure they received the counseling
they needed, too. The family is active in their parish at Buen Pastor
Catholic Church, and Patricio Alcala serves as a youth soccer coach. In
2001, the Alcalas were appointed the legal guardians of the Marquez
children.
Sadly, the Marquez family received poor legal representation. At the
time of their parents' death, Claudia and Jose were minors, and
qualified for special immigrant juvenile status. This category was
enacted by Congress to protect children like them from the hardship
that would result from deportation under such extraordinary
circumstances, when a State court deems them to be dependents due to
abuse, abandonment or neglect.
Today, their younger brother Omar is a U.S. Citizen, due to his
adjustment as a special immigrant juvenile. Unfortunately, the family's
previous lawyer failed to secure this relief for Claudia, and she has
now reached the age of majority without having resolved her immigration
status.
I should note that their former lawyer, Walter Pineda, is currently
answering charges on 29 counts of professional incompetence and 5
counts of moral turpitude for mishandling immigration cases and appears
on his way to being disbarred.
I am offering legislation on Claudia's behalf because I believe that,
without it, this family would endure an immense and unfair hardship.
Indeed, without this legislation, this family will not remain a family
for much longer.
Despite the adversity they encountered, Claudia finished school. She
supports herself, her 17-year-old sister, Maribel, and her younger
brother Omar. Again, both Maribel and Omar are now U.S. Citizens.
Claudia has no close relatives in Mexico. She has never visited
Mexico, and she was so young when she was brought to America that she
has no memories of it. How can we expect her to start a new life there
now?
It would be a grave injustice to add to this family's misfortune by
tearing these siblings apart. This is a close family, and they have
come to rely on each other heavily in the absence of their deceased
parents. This bill will prevent the added tragedy of another wrenching
separation.
Given these extraordinary and unique facts, I ask my colleagues to
support this private relief bill on behalf of Claudia Rico.
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. 126
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 CLAUDIA MARQUEZ
RICO.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act (8 U.S.C.
1151), Claudia Marquez Rico shall be eligible for 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 Claudia Marquez Rico enters
the United States before the filing deadline specified in
subsection (c), she shall be considered to have entered and
remained lawfully and, if otherwise eligible, 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 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 Number.--Upon the granting
of an immigrant visa or permanent residence to Claudia
Marquez Rico, the Secretary of State shall instruct the
proper officer to reduce by 1, 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
Claudia Marquez Rico 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 Claudia Marquez Rico under
section 202(e) of such Act (8 U.S.C. 1152(e)).
(e) Denial of Preferential Immigration Treatment for
Certain Relatives.--The natural parents, brothers, and
sisters of Claudia Marquez Rico shall not, by virtue of such
relationship, be accorded any right, privilege, or status
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
______