[Congressional Record Volume 155, Number 59 (Wednesday, April 22, 2009)]
[Senate]
[Pages S4584-S4585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 867. A bill for the relief of Shirley Constantino Tan; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Shirley Constantino Tan. Ms. Tan is a Filipina 
national living in Pacifica, California. She is the loving mother of 12 
year old U.S. citizen twin boys, Jashley and Joreine, and the spouse of 
Jay Mercado, a naturalized U.S. citizen.
  I have decided to introduce a private bill on Ms. Tan's behalf 
because I believe her removal from the U.S. would cause undue hardship 
for her and her family. Without this legislation, this family will be 
separated or they will be relocated to a third country where Ms. Tan's 
safety and her children's well-being may be at risk. I believe Ms. Tan 
merits Congress' special consideration for such an extraordinary form 
of relief as a private bill.
  Before coming to the U.S., Ms. Tan experienced tragic hardship in the 
Philippines after her mother and sister were murdered by her cousin. 
Ms. Tan was only 14 years old at the time and the violent assault left 
her with a bullet wound in the head. Although the cousin who committed 
the murders was eventually prosecuted, he received a short sentence and 
his impending release from jail in 1990 compelled her to leave the 
country out of fear for her safety. Ms. Tan legally entered the U.S. on 
a visitor's visa in 1989.
  Ms. Tan faces deportation today in part because of the negligence 
demonstrated by her previous counsel. Ms. Tan applied for asylum in 
1995. After years of appeals, the attorney received a brief from the 
Board of Immigration Appeals, BIA, outlining the Government's position 
on Ms. Tan's case. The attorney, however, failed to submit a reply 
brief in her client's favor and, in May 2002, the case was dismissed 
and Ms. Tan was granted an order of voluntary departure from the U.S.
  Ms. Tan should have received notice of the voluntary removal order 
from her attorney. However, the attorney had moved offices, did not 
receive the order, and failed to inform Ms. Tan of the information. As 
a result, Ms. Tan did not depart the U.S. and the voluntary removal 
order against her became a deportation order.
  The first time that Ms. Tan received notice of the deportation order 
was on January 28, 2009, when Immigration and Customs Enforcement 
officers appeared at her home and took her into custody.
  In effect, Ms. Tan was denied the opportunity to adequately represent 
herself in U.S. immigration proceedings as a result of her attorney's 
negligence. Ms. Tan has since filed a complaint against her former 
attorney with the State Bar of California. A previous complaint has 
also been filed against the same attorney with the California Bar for 
similar misconduct.
  One of the most compelling reasons for permitting Ms. Tan to remain 
in the U.S. is the impact that her deportation would have on her two 
U.S. citizen minor children, Jashley and Joreine.
  These children are currently seventh graders at Cabrillo Elementary 
School in Pacifica, California, where they have made the honor roll. In 
letters to me from two teachers at Cabrillo Elementary, Jashley and 
Joreine were described as ``ideal'' students--``the kinds of kids that 
make my job feel easy.'' One of the teachers described their mother, 
Ms. Tan, as a highly-involved, ``model'' parent, one who ``attends 
every conference, drives on field trips and consistently checks in with 
her boys' teachers and the rest of our staff to make sure Jashley and 
Joreine continue to be successful.''
  However, if Ms. Tan is forced to leave the United States, this family 
has stated that they would follow her to the Philippines or relocate to 
a third country to avoid their separation. This means that Jashley and 
Joreine will have to cut their education short and have to leave the 
U.S.--their birthplace and the only country they know to be home.
  All too often, young U.S. citizen children like Jashley and Joreine 
are being put in this position when one or both of their parents may be 
removed from the United States. A January 2009 report by the Department 
of Homeland Security Office of Inspector General found that, over the 
last 10 years, 108,434 immigrants who were the parents of U.S. citizen 
children were removed from this country.
  A separate report completed this year by Dorsey & Whitney LLP to the 
Urban Institute affirms what many of us know--that the removal or 
deportation of a parent is deeply traumatic and causes long-lasting 
harm to U.S. citizen children. For families that have no choice but to 
leave the United States as a unit in order to stay together, this has 
life-altering consequences for U.S. citizen children. Besides the fact 
that these children lose the opportunities that come with being raised 
in the United States, these children are more prone to anxiety, 
depression, eating and sleeping disorders, post- traumatic stress 
disorder, and behavior changes.
  This is the situation facing the Tan family. While her marriage was 
legally performed under California law at the time, Ms. Tan cannot take 
steps to legally adjust her immigration status

[[Page S4585]]

through the regular family-based immigration channels.
  I do not believe that it is in our Nation's best interest to force 
this family--including two U.S. citizen minor children--to make the 
choice between being separated and relocation to a country where they 
may face serious hardships.
  The Tan family has built a stable and supportive home for themselves 
in the Pacifica, California community. Ms. Tan's spouse has worked for 
17 years at Biddle-Shaw Insurance Services, Inc., where her employer 
describes her as ``hard-working . . . trustworthy and dependable.'' 
This couple owns their own home, and over many years they were active 
members of the Good Shepherd Catholic Church. At Good Shepherd, Jay was 
a member of the School Board and Ms. Tan was a consummate volunteer. I 
received a heartfelt letter from the Pastor at Good Shepherd that 
describes Ms. Tan as a ``dedicated mother'' and attests to the family's 
spirit of volunteerism and commitment at the church.
  In fact, I have received 45 letters from friends and community 
members and 3 letters from organizations, including the Human Rights 
Campaign, Love Exiles, and Immigration Equality, in support of Ms. Tan 
remaining in the U.S. I have also been contacted by Representative 
Jackie Speier's office in support of this case. This family has also 
received substantial attention from the media in the San Francisco Bay 
Area.
  Enactment of the legislation I am introducing on behalf of Ms. Tan 
today will enable this entire family to us continue to remain in the 
U.S. and make positive contributions to their community in Pacifica, 
California.
  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. 867

       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 SHIRLEY CONSTANTINO 
                   TAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shirley Constantino Tan 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 Shirley Constantino Tan 
     enters the United States before the filing deadline specified 
     in subsection (c), she shall be considered to have entered 
     and remained lawfully and shall, if otherwise eligible, 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 issuance of an immigrant visa or the application for 
     adjustment of status is filed with appropriate fees within 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 Shirley 
     Constantino Tan, the Secretary of State shall instruct the 
     proper officer to reduce by one, during the current or next 
     following fiscal year, the total number of immigrant visas 
     that are made available to natives of the country of the 
     alien's birth 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 the alien's birth under section 
     202(e) of such Act (8 U.S.C. 1152(e)).
                                  ____



                                              Cabrillo School,

                                      Pacifica, CA, April 2, 2009.
       To Whom It May Concern: Jaylynn Mercado and Shirley Tan are 
     model parents to their 12-year-old twin boys, Jashley and 
     Joriene. It is upsetting to hear that Shirley is being forced 
     to leave the country and be separated from her family. Due to 
     the dedication of these parents, Jashley and Joriene are 
     ideal students. They are well liked by their peers and the 
     faculty of the school. They are both exceptional students. 
     Jaylynn and Shirley are always willing to help the school out 
     in any way possible. They are committed to encouraging their 
     children to do great things. Jaylynn and Shirley have modeled 
     and taught their boys some of the finest traits of respect 
     and compassion. It is my hope that this respect and 
     compassion is returned to the Mercado Family.
       Please do what is possible to keep this family intact. They 
     are a lovely addition to our school community. Please contact 
     me if there is any more help that I can give.
           Sincerely,
     Meghann Elsbernd.
                                  ____



                                              Cabrillo School,

                                     Pacifica, CA, March 30, 2009.
       To Whom It May Concern: My name is Jared Katz and I am 
     writing this letter in support of Shirley Mercado. I teach 
     6th grade at Cabrillo Elementary in Pacifica, California and 
     last year I was fortunate to have Joriene and Jashley Mercado 
     in my class. Both boys were exceptional students. They were 
     on the honor roll, athletic, confident, and popular with 
     their peers. Joriene and Jashley are the kinds of kids that 
     make my job feel easy.
       Once I got to know their family a little bit I immediately 
     understood why the boys were so successful. Each year I see 
     sixty-four different families, from a variety of cultural and 
     economic backgrounds, and I don't think I've ever seen a 
     family as committed to each other as the Mercados. Being in a 
     room with the four of them together it's impossible to not be 
     envious of the strong bond between them and of the ease and 
     comfort in the way they relate to one another. And from our 
     first meeting it was obvious that Shirley is the center of 
     their family's strength. When you talk to them together all 
     the boys' actions revolve around her and as a member of our 
     school community she is the model parent. She attends every 
     conference, drives on field trips and consistently checks in 
     with her boys teachers and the rest of our staff to make sure 
     Joriene and Jashley continue to be successful.
       When I heard the news this morning that she may be forced 
     to leave the country and be separated from her family I was 
     very shocked and saddened. If there's anything that can be 
     done to help preserve her family I hope that it will be 
     vigorously pursued. And if there's anything I can do to help, 
     please don't hesitate to ask.
           Sincerely,
     Jared Katz.
                                  ____



                                  Church of the Good Shepherd,

                                                     Pacifica, CA.
       Dear Senator Feinstein, It is an honor for me to write this 
     letter of support for one of your constituents, Ms. Shirley 
     Tan. I am her Pastor here at Good Shepherd Catholic Church in 
     Pacifica. I have gotten to know Shirley and her partner Jay 
     Mercado as well as their twin boys Jashley and Joriene. I 
     have been closely connected with this family for the past 5 
     years. Shirley is a wonderful mother to her sons. She is 
     always available, her gentle spirit and loving heart guiding 
     all that she does as a parent. She and Jay want the best for 
     their sons. They want the boys to grow in wisdom and 
     knowledge and find their true and definite place in this 
     world. They provide a warm and welcoming home, with their 
     door open to family and neighbors (and even strangers!!) 
     Shirley and Jay were school parents here until recently, 
     when, they found a public school that better met the needs of 
     their boys. While they were here at Good Shepherd, Jay was a 
     faithful and responsible member of the School Board, and 
     Shirley was the consummate volunteer . . . always willing and 
     able to help out on campus, as a classroom aide, on special 
     school projects, as a chaperone on field trips . . . Whenever 
     there was a call for help from our Principal or from the 
     School Office, without a moment's hesitation, Shirley would 
     be one of the first to call and offer whatever assistance was 
     needed at the time.
       Jay and Shirley were also faithful members of one of our 
     Sunday Mass choirs. Coming to church every week . . . being 
     faithful members of a Christian community . . . being whole-
     hearted servants of God as ministers of music in this local 
     church . . . bringing their two boys to mass every Sunday and 
     encouraging them to become altar servers . . . Jay and 
     Shirley have for all the time I have known them been 
     wonderful Christian partners, parents, role models for their 
     two boys, and, as Scripture says, ``living stones'' helping 
     to form and to build up the Church, the Body of Christ, in 
     today's broken and violent world.
       I urge you in the strongest possible terms to do to all 
     that you can to assist Shirley and to help quickly and justly 
     resolve her current legal situation.
           Sincerely,
                                                   Piers M. Lahey,
     Pastor.

                          ____________________