[Congressional Record Volume 156, Number 155 (Wednesday, December 1, 2010)]
[House]
[Pages H7819-H7821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELP HAITIAN ADOPTEES IMMEDIATELY TO INTEGRATE ACT OF 2010
Mr. CONYERS. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 5283) to provide for adjustment
of status for certain Haitian orphans paroled into the United States
after the earthquake of January 12, 2010.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``Help Haitian Adoptees Immediately to Integrate
Act of 2010''; or
(2) the ``Help HAITI Act of 2010''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.
(a) In General.--The Secretary of Homeland Security may
adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien--
(1) was inspected and granted parole into the United States
pursuant to the humanitarian parole policy for certain
Haitian orphans announced by the Secretary of Homeland
Security on January 18, 2010, and suspended as to new
applications on April 15, 2010;
(2) is physically present in the United States;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) files an application for an adjustment of status under
this section not later than 3 years after the date of the
enactment of this Act.
(b) Numerical Limitation.--The number of aliens who are
granted the status of an alien lawfully admitted for
permanent residence under this section shall not exceed 1400.
(c) Grounds of Inadmissibility.--Section 212(a)(7)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(A))
shall not apply to an alien seeking an adjustment of status
under this section.
(d) Visa Availability.--The Secretary of State shall not be
required to reduce the number of immigrant visas authorized
to be issued under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) for any alien granted the status of
having been lawfully admitted for permanent residence under
this section.
(e) Aliens Deemed To Meet Definition of Child.--An
unmarried alien described in subsection (a) who is under the
age of 18 years shall be deemed to satisfy the requirements
applicable to adopted children under section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if--
(1) the alien obtained adjustment of status under this
section; and
(2) a citizen of the United States adopted the alien prior
to, on, or after the date of the decision granting such
adjustment of status.
(f) No Immigration Benefits for Birth Parents.--No birth
parent of an alien who obtains adjustment of status under
this section shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
section or the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
SEC. 3. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. I yield myself as much time as I may consume.
Madam Speaker, Members of the House, this bill, entitled the Help
HAITI Act of 2010, was introduced by the gentleman from Nebraska (Mr.
Fortenberry). It is incredibly important that we finish the job we
undertook when we rescued just over 1,200 Haitian orphans immediately
following the earthquake that devastated Haiti on January 12 earlier
this year.
{time} 1600
All in all, 1.5 million people were directly affected in terms of
human and economic impact. It was one of the worst natural disasters
ever recorded in the Western Hemisphere.
In response to this disaster, the Department of Homeland Security
instituted a policy for the immediate evacuation of Haitian orphans who
had been adopted or were in the process of being adopted as citizens.
Now, in the United States with their adoptive or prospective adoptive
American parents, these children need one more bit of assistance. Had
the earthquake not hit and disrupted the adoption process in Haiti,
each of these children would have entered the country as United States
citizens under current immigration law.
But because of the emergency procedures used to evacuate these
children, they must now wait years before they can get permanent
residency and years more before they can qualify for citizenship. Some
are even running the risk of aging out even before they can get their
residency, which would make them ineligible for legal status in the
country.
So what the measure before us does is treat these children as if they
had come to the United States under the normal adoption procedures that
would have applied had the earthquake not occurred and required
hastening their move.
It is with that in mind that I am pleased to thank the bipartisan
efforts of the Judiciary Committee, starting with the ranking member,
Lamar Smith; the immigration subcommittee chair, Zoe Lofgren; and, of
course, Judge Poe, who is leading the measure on the other side.
With that, I reserve the balance of my time.
Mr. POE of Texas. Madam Speaker, I yield myself such time as I may
consume.
I strongly support H.R. 5283. Madam Speaker, earlier this year, Haiti
was hit by a massive earthquake and hundreds of thousands of people
died. In reaction, the Department of Homeland Security announced a
humanitarian parole policy under which orphaned Haitian children who
were in the middle of an adoption process with prospective Americans
would be immediately brought to the United States. Under this policy,
about 1,200 Haitian children, orphans, came to the United States.
Since adoption proceedings were not yet completed when these children
were brought to this country, they will have to live with their
adoptive parents for 2 years before being eligible for permanent
resident status in the United States. In the interim, they remain in
parole status, which is to be renewed each and every year.
This legal limbo can be stressful to the children and to the families
who have adopted them. We must remember, Madam Speaker, these children
had already been approved for adoption to American parents.
Additionally, Representative Fortenberry from Nebraska was concerned
about the impact of this delay on children and circumstances such as
the death of adoptive parents. Mr. Fortenberry therefore introduced the
Help HAITI Act of 2010. This bill grants immediate permanent residence
to the airlifted Haitian orphans.
This legislation completes the humanitarian endeavor launched by the
Department of Homeland Security and secures the futures of children who
have already suffered a great deal. It is in the best tradition of
American humanitarian response. The House has already passed the
Fortenberry bill by voice vote. The Senate made some minor changes and
passed the bill by unanimous consent.
I know personally how important this bill is to the children and
families of this country. The Parker family, from my district in
Kingwood, Texas, contacted my office shortly after the earthquake that
devastated Haiti to get help in finalizing the adoption of their son.
Before the earthquake, the Parker family had been in the process of
adopting a young Haitian named Ronel. Prior to the earthquake, Ronel
had been cleared to immigrate to the United States. But after the
bureaucratic breakdown following the earthquake, his adoption was held
up. Fearing for Ronel's safety, Mr. Parker flew down to Port-au-Prince
and slept on the floor of the United States Embassy for several days as
he haggled with United States and Haitian authorities to permit the
adoption. Finally, after many sleepless nights, the adoption was
permitted and Ronel was allowed to fly to his new home in Kingwood,
Texas.
[[Page H7820]]
A few weeks after making his way to his new home, I was fortunate to
meet this young American. Although he was still learning English, and I
don't speak Creole very well, we communicated just fine. My staff even
took up a collection to buy him his first pair of Texas cowboy boots.
It was clear that he was very intelligent and had a strong heart, and
he was very happy to be in America with his new American family. I am
confident that Ronel will grow up to be a fine American and a fine
Texan, and we are proud to have him in this country.
It is for children like Ronel and the families like the Parkers that
I urge support for this legislation. The families of these 1,200
Haitian adoptees have gone through enough, and these parents are to be
admired by all of us.
I urge my colleagues to pass this bill, as amended by the Senate, so
we can send it to the President for his signature.
I reserve the balance of my time.
Mr. CONYERS. I want to commend Judge Ted Poe as a gentleman and a
scholar, and we are proud of his service on the Judiciary Committee.
I yield as much time as she may consume to the gentlewoman from
Texas, Sheila Jackson Lee.
Ms. JACKSON LEE of Texas. Thank you very much, Mr. Chairman. Thank
you for your leadership on this issue. Thank you to Mr. Fortenberry and
my friend and colleague from the State of Texas, Judge Poe.
This is a response to a humanitarian crisis. Some of us had the
opportunity and somewhat of a privilege to be in Haiti this past
Sunday. I am here to report that there are still 1.5 to 1.6 million
persons still displaced, many of them living in various camps. There is
need for the continued removal of rubbish and the debris that we all
saw in horror on January 12 of 2010.
So this is an enormously important initiative because it addresses
the question of almost 1,200 Haitian orphans which were airlifted and
rescued on that fateful day. They now live in limbo, and it is
important to note for my friends on the floor of the House that if they
were to return, it is a country that struggles to survive.
Let me applaud the Haitian Government for its concern about Haitian
children and Haitian orphans and to make sure that there is no abuse
and misuse of those children. But we know that many of these children,
all of these children, are in loving homes here in the United States.
There are families that still want to endorse the idea of adoption of
Haitian children. All of them are willing to do it in the right way.
But this legislation helps those who are here to give them permanent
residence status, to allow them to obtain status so that they can
pursue the act of citizenship once the Government of Haiti is in
operation.
On this past Sunday, there was an election, and many of you heard of
the challenges that were faced. Some of us still believe that those
challenges of allegations of fraud need to be corrected. But we do know
that Haiti needs a stable and supporting government, and we know that
these children need a loving family. It is important, then, to provide
them with this particular effort, this bridge, that will take them to
the next level, the next step.
Let me thank the many parents who simply have love to share with
these children, these adoptive American parents who need assistance
now. Let me thank you and acknowledge to you that there are Members of
Congress who are particularly sensitive to this issue.
Just a few months ago I traveled to Haiti with Senator Mary Landrieu
and Debbie Wasserman Schultz. Our focus was on the children--their
schooling, their access to health care, and, yes, the ability for them
to be adopted in an expedited or an efficient manner.
So, therefore, I ask my colleagues to support this legislation as,
really, the first step in what will be many, many steps on the journey
of the restoration of Haiti and the Haitian people. They are resilient.
And I would like to thank the Haitian Americans and those who still
struggle to survive, because it is still important for us to say we
will not forget you.
{time} 1610
Mr. POE of Texas. Madam Speaker, I yield to the gentleman from
Nebraska (Mr. Fortenberry), the sponsor of the original legislation, as
much time as he wishes to consume.
Mr. FORTENBERRY. Thank you, Judge Poe, for the time. And I also wish
to thank Chairman Conyers as well as Chairwoman Lofgren of the
Immigration Subcommittee and Lamar Smith, the ranking member on the
full committee, for your efforts in this regard, especially your
diligence in getting this to the floor today.
I also, Madam Speaker, want to thank the many adoptive families,
members of the international adoption community and others who have
worked behind the scenes to spur action today. Thanks to this outreach
of so many concerned Americans, Congress is finally doing the right
thing here to help as many as 1,200 voiceless and vulnerable Haitian
orphans and their adoptive American families. We can now give these new
families, who have endured so much heartbreak and tragedy, the comfort
of knowing that their children's legal status is now in good order.
Many of us received heartbreaking calls for help in the wake of the
January 12 earthquake. American families in various stages, as we have
heard, of adopting Haitian orphans feared for the safety and the
security of their children. Extraordinary work was done swiftly to
evacuate these children and unite them with their new families on U.S.
soil. Yet instead of coming here as fully adopted U.S. citizens, these
children arrived under a legal status known as humanitarian parole.
Due to a destructive, unpredictable act of nature, the normal process
for international adoptions in Haiti was upended, and these American
families were prohibited from finalizing the adoptions in Haitian
courts. While their status remains in limbo, these vulnerable children
have fewer legal protections, may not be eligible for critical
resources, and potentially risk being forced to return to Haiti. With
each passing day, some children are aging out of the international
adoption system as well. Once a child turns 16, he or she may no longer
gain U.S. citizenship through adoption.
So the urgency is clear. I recently spoke, Madam Speaker, with the
mother of a Haitian orphan who just turned 16. We have to act. We need
to pass this bill today to give so much more security to these generous
American families who have opened their hearts and homes to children in
extraordinary need.
Again, I want to thank all of those who have been involved in helping
get this important legislation to the floor today.
Mr. CONYERS. Madam Speaker, I now recognize the gentlewoman from
Brooklyn, New York, Yvette Clarke, for as much time as she may consume.
And I note that she has the second largest number of Haitians and
Haitian Americans in her congressional district.
Ms. CLARKE. Let me thank you, Chairman Conyers, for your
conscientious in bringing this legislation to the floor. I rise today
as a proud cosponsor of H.R. 5283, the Help HAITI Act of 2010,
introduced by my colleague, Congressman Jeff Fortenberry. This bill
normalizes the immigration procedures for certain adopted Haitian
orphans that received humanitarian parole between January 18 of 2010
and April 15, 2010. It allows their adoptive families, who are U.S.
citizens, to apply immediately on their behalf to become legal
permanent residents and eventually qualify for citizenship.
As a representative of the second-largest population of first- and
second-generation Haitian immigrants, Haiti has been at the core of my
Caribbean agenda. That is why I'm extremely concerned that more than
1,000 paroled Haitian orphans being adopted by American families remain
in immigration limbo due to a legal technicality. At least 50 orphans
reside in my district alone.
It is alarming that these children have to wait 2 years before they
are granted legal permanent residency. If this situation is not
addressed, these children will remain in this country without certain
legal protection and are in jeopardy of being separated from their
adoptive family and deported back to Haiti, where they have no family.
The legal technicality that puts these children in such a precarious
position is yet another example of why
[[Page H7821]]
our Nation needs comprehensive immigration reform. That is why I'm
committed to working with my colleagues to make immigration reform a
reality as soon as possible. Our national security is at stake, our
moral standing in the world depends upon it, and the American people,
many of whom are first- and second-generation immigrants, demand it. I
urge Congress to take a fresh look at the antiquated policies and
bureaucratic backlog that tear families apart and devastate our
communities.
Finally, I commend Congressman Fortenberry and Senator Gillibrand for
addressing this issue and their continued support for the people of
Haiti.
Mr. POE of Texas. Madam Speaker, I want to thank the chairman for
bringing this legislation to the floor. It's very important to the
Parker family in my district, the people that Mr. Fortenberry in
Nebraska mentioned, and the 1,200 families and children that are going
to now have a good Christmas because that legislation has passed in the
House.
I yield back the balance of my time.
Mr. CONYERS. I yield back as well.
The SPEAKER pro tempore (Ms. Markey of Colorado). The question is on
the motion offered by the gentleman from Michigan (Mr. Conyers) that
the House suspend the rules and concur in the Senate amendment to the
bill, H.R. 5283.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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