[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1130-S1131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 441. A bill for the relief of Esidronio Arreola-Saucedo, Maria 
Elna Cobain Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today, I offer private immigration 
relief legislation to provide lawful permanent resident status to 
Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola 
Carlos, and Cindy Jael Arreola. The Arreolas are Mexican nationals 
living in the Fresno area of California.
  Esidronio and Maria Elena have lived in the United States for over 20 
years. Two of their five children, Nayely, age 25, and Cindy, age 20, 
also stand to benefit from this legislation.
  The other three Arreola children, Robert, age 19, Daniel, age 15, and 
Saray, age 14, are United States citizens. Today, Esidronio and Maria 
Elena and their two eldest children face deportation.
  The story of the Arreola family is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  The Arreolas are facing deportation in part because of grievous 
errors committed by their previous counsel, who has since been 
disbarred. In fact, the attorney's conduct was so egregious that it 
compelled an immigration judge to write the Executive Office of 
Immigration Review seeking the attorney's disbarment for his actions in 
his client's immigration cases.
  Esidronio came to the United States in 1986 and was an agricultural 
migrant worker in the fields of California for several years. As a 
migrant worker at that time, he would have been eligible for permanent 
residence through the Seasonal Agricultural Workers SAW, program, had 
he known about it.
  Maria Elena was living in the United States at the time she became 
pregnant with her daughter Cindy. She returned to Mexico to give birth 
because she wanted to avoid any problems with the Immigration and 
Naturalization Service.
  Because of the length of time that the Arreolas were in the United 
States, it is likely that they would have qualified for suspension of 
deportation, which would have allowed them to remain in the United 
States legally. However, their poor legal representation foreclosed 
this opportunity.
  One of the most compelling reasons for my introduction of this 
private bill is the devastating impact the deportation of Esidronio and 
Maria Elena would have on their children--three of whom are American 
citizens--and the other two who have lived in the United States since 
they were toddlers. For these children, this country is the only 
country they really know.
  Nayely, the oldest, was the first in her family to graduate from high 
school and the first to graduate college. She attended Fresno Pacific 
University, a regionally ranked university, on a full tuition 
scholarship package and worked part-time in the admissions office. She 
graduated from Fresno Pacific University with a degree in Business 
Administration and is working on her graduate degree. Nayely recently 
got married.
  At a young age, Nayely demonstrated a strong commitment to the ideals 
of citizenship in her adopted country. She worked hard to achieve her 
full potential both through her academic endeavors and community 
service. As the Associate Dean of Enrollment Services at Fresno Pacific 
University states in a letter of support, ``[T]he leaders of Fresno 
Pacific University saw in Nayely, a young person who will become 
exemplary of all that is good in the American dream.''
  In high school, Nayely was a member of Advancement Via Individual 
Determination, AVID, college preparatory program in which students 
commit to determining their own futures through achieving a college 
degree. Nayely was also President of the Key Club, a community service 
organization. Perhaps the greatest hardship to this family, if forced 
to return to Mexico, will be her lost opportunity to realize her dreams 
and further contribute to her community and to this country.
  Nayely's sister, Cindy, also recently married and has a one-year-old 
daughter. Neither Nayely nor Cindy are eligible to adjust their status 
based on their marriages because they grew up in the United States 
undocumented.
  The Arreolas also have other family who are United States citizens or 
lawful permanent residents of this country. Maria Elena has three 
brothers who are American citizens, and Esidronio has a sister who is 
an American citizen. It is also my understanding that they have no 
immediate family in Mexico.
  According to immigration authorities, this family has never had any 
problems with law enforcement. I am told that they have filed their 
taxes for every year from 1990 to the present. They have always worked 
hard to support themselves.
  As I previously mentioned, Esidronio was previously employed as a 
farm worker, but now has his own business in California repairing 
electronics. His business has been successful enough to

[[Page S1131]]

enable him to purchase a home for his family. He and his wife are 
active in their church community and in their children's education.
  It is clear to me that this family has embraced the American dream. 
Enactment of the legislation I have reintroduced today will enable the 
Arreolas to continue to make significant contributions to their 
community as well as the United States.
  I ask my colleagues to support this private bill.
  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. 441

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of law 
     or any order, for the purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Esidronio Arreola-
     Saucedo, Maria Elna Cobian Arreola, Nayely Arreola Carlos, 
     and Cindy Jael Arreola shall be deemed to have been lawfully 
     admitted to, and remained in, the United States, and shall be 
     eligible for issuance of an immigrant visa or for adjustment 
     of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the applications for issuance of immigrant 
     visas or the applications for adjustment of status are filed 
     with appropriate fees not later than 2 years after the date 
     of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas to Esidronio Arreola-Saucedo, Maria Elna 
     Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael 
     Arreola, the Secretary of State shall instruct the proper 
     officer to reduce by 4, 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 
     Esidronio Arreola-Saucedo, Marina Elna Cobian Arreola, Nayely 
     Arreola Carlos, and Cindy Jael Arreola 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 
     Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, Nayely 
     Arreola Carlos, and Cindy Jael Arreola under section 202(e) 
     of such Act (8 U.S.C. 1152(c)).
       (d) 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.
                                 ______