[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1129-S1130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 440. A bill for the relief of Jose Buendia Balderas, Alicia Aranda 
De Buendia, and Ana Laura Buendia Aranda; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am reintroducing a private relief 
bill on behalf of the Buendias, a family who has lived in the Fresno 
area of California for more than 20 years. The beneficiaries of this 
bill include Jose Buendia Balderas, his wife, Alicia Aranda de Buendia, 
and their daughter, Ana Laura Buendia Aranda. I believe this family 
merits Congress' special consideration.
  I would like to start with the story of Jose Buendia, a remarkable 
father and husband who has embraced the hard work ethic of this 
country. Many years ago, Jose's father worked as an agricultural worker 
on the Bracero program.
  In 1981, he brought his son to the United States. Jose worked hard, 
providing financial support to his family in Mexico and working his way 
up through jobs in landscaping and construction.
  Today, Jose is a valuable employee with Bone Construction, Inc. He 
has worked with this California-based company for nearly 10 years, 
developing skills and experience and now serving as a lead foreman. 
Timothy Bone, the owner of the company, calls Jose a ``reliable, 
hardworking and conscientious'' worker.
  Jose is married to Alicia, who goes to work season after season in 
California's labor-intensive agriculture industry. She currently works 
for a fruit packing company in Reedley, California. Jose and Alicia 
have raised two outstanding children, Ana Laura, age 22, and Alex, age 
20, who have both always excelled in school.
  Ana Laura earned a 4.0 GPA at Reedley High School, and was offered an 
academic scholarship at the University of California, Berkeley. 
Unfortunately, she could not accept the scholarship because of her 
undocumented status.
  Ana Laura nonetheless persisted. She enrolled at the University of 
California, Irvine and is on track to graduate this spring with a major 
in Chicano Studies and Art.
  Ana Laura's younger brother, Alex, is a United States citizen. He 
graduated high school with a 3.85 GPA and now studies engineering at 
the University of California, Merced. Last spring, he graduated with 
honors and a scholarship from Reedley College with an Associate of 
Science degree in Engineering.
  Remarkably, the Buendias should have been able to correct their 
immigration status years ago. Jose should have qualified for 
legalization pursuant to the Immigration and Reform Control Act of 
1986; however, his application was never acted upon because his 
attorney was convicted of fraudulently submitting legalization and 
Special Agricultural Worker applications, tainting all of his clients.
  The Immigration and Naturalization Service took nearly 7 years to 
determine that Jose's application contained no fraudulent information, 
but at that point it was too late. Jose was no longer eligible for 
relief due to changes in U.S. immigration law.
  Still, the Buendia family continued to seek legal status through 
other means. In 1999, it appeared they had succeeded when an 
Immigration Judge granted the family cancellation of removal based on 
the hardship their son, Alex, would face if deported to Mexico. 
However, the decision was appealed and ultimately overturned. At this 
point, the Buendias have exhausted their options to remain together as 
a family here in the United States.
  In the more than 20 years of living in California, the Buendias have 
shown that they are committed to working to achieve the American dream. 
They have a strong connection to their local community, as active 
members of the Parent Teachers Association and their

[[Page S1130]]

church. They pay their taxes every year, paid off their mortgage, and 
remain free of debt. They have shown that they are responsible, 
maintaining health insurance, savings accounts, and retirement 
accounts.
  Moreover, the Buendia children are excellent students pursuing higher 
education here in the United States. Without this private bill, these 
young adults will be separated from their family or forced to relocate 
to a country they simply do not know. I do not believe it is in the 
Nation's best interest to prevent talented youth raised here in the 
United States, who have good moral character and outstanding academic 
records, from realizing their future.
  I respectfully ask my colleagues for their support of the Buendia 
family. I hope the Senate will consider this private relief legislation 
in the 112th Congress.
  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. 440

       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 JOSE BUENDIA 
                   BALDERAS, ALICIA ARANDA DE BUENDIA, AND ANA 
                   LAURA BUENDIA ARANDA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Jose Buendia Balderas, Alicia Aranda De Buendia, and 
     Ana Laura Buendia Aranda shall each 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 Jose Buendia Balderas, Alicia 
     Aranda De Buendia, or Ana Laura Buendia Aranda enter the 
     United States before the filing deadline specified in 
     subsection (c), Jose Buendia Balderas, Alicia Aranda De 
     Buendia, or Ana Laura Buendia Aranda, as appropriate, shall 
     be considered to have entered 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 the granting 
     of an immigrant visa or permanent residence to Jose Buendia 
     Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia 
     Aranda, the Secretary of State shall instruct the proper 
     officer to reduce by 3, during the current or next following 
     fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Jose Buendia 
     Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia 
     Aranda under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of Jose 
     Buendia Balderas, Alicia Aranda De Buendia, and Ana Laura 
     Buendia Aranda under section 202(e) of such Act (8 U.S.C. 
     1152(e)).
       (e) 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.
                                 ______