[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1132-S1133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 443. A bill for the relief of Javier Lopez-Urenda and Maria 
Leticia Arenas; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to reintroduce a private 
relief bill on behalf of Javier Lopez-Urenda and Maria Leticia Arenas. 
Javier and Leticia, originally from Mexico, are the parents of three 
U.S. citizen children, Bryan, age 17, Ashley, age 13, and Nancy, age 7. 
This family lives in Fremont, California.
  I first introduced a bill for Javier and Leticia in 2009, and I 
continue to believe they deserve Congress' special consideration for 
such an extraordinary form of relief as a private bill. Javier and 
Leticia are outstanding parents, volunteers, workers, and leaders in 
their community. Javier and Leticia came to the United States after 
each suffered the loss of a parent.
  Leticia left Mexico at age 17 after her mother died from cancer. 
Javier came to the United States in 1990, at age 23, several years 
after the murder of his father in Michoacan, Mexico.
  Javier had been living and working in the United States for over 25 
years when I first learned about this case. He originally entered the 
country looking for work to support his extended family. Today, Javier 
is a Manager at Full Bloom Baking Company in San Mateo, California, 
where he has been an employee for over 18 years. In fact, Javier was 
the second employee hired at Full Bloom when the company first began.
  Javier's fellow co-workers at Full Bloom have written compelling 
letters to me about Javier's hard work ethic and valuable 
contributions. The company owners assert that with his help, the 
company grew to be one of the largest commercial bakeries in the Bay 
Area, today employing approximately 385 people.
  They write that Javier is a mentor to others and maintains a 
``tremendous amount of `institutional knowledge' that can never be 
replaced.'' One of his co-workers wrote, ``Without Javier at the 
bakery, the lives of hundreds of people will change.''
  Javier made attempts to legalize his status in the United States. At 
one point, he received an approved labor certification. However, his 
case could not be finalized due to poor timing and a lengthy 
immigration process. It took three years, for example, for his labor 
certification to be approved. By that time, Javier was already in 
removal proceedings and his case is now closed.
  During consideration of Javier's case, the Ninth Circuit Court of 
Appeals acknowledged the difficult situation Javier faces. The Court 
wrote, ``We are not unmindful of the unique and extremely sympathetic 
circumstances of this case. By all accounts, Petitioner has been an 
exemplary father, employee, and member of his local community. If he 
were to be deported, he would be separated from his wife, three U.S. 
citizen children, and the life he has worked so hard to build over the 
past 17 years. In light of the unfortunate sequence of events leading 
up this juncture and Petitioner's positive contributions to society, 
Petitioner may very well be deserving of prosecutorial grace.''
  Unfortunately, the Court ultimately denied the case. Javier and his 
wife have no additional avenues for adjusting their status. A private 
bill is the only way for them to remain in the United States.
  I believe it is important to consider the potentially harmful impact 
on Javier and Maria Leticia's three U.S. citizen children, Bryan, 
Ashley, and Nancy, should their parents be deported. Bryan, Ashley, and 
Nancy are all in school in California. Javier owns their home in 
Fremont. He is the sole financial provider for his wife and children, 
while also providing some financial support to extended family members 
in Mexico. Javier and Leticia are good parents and play active roles in 
their children's lives. The Principal of Patterson Elementary School 
described Javier and Leticia as ``two loving and supportive parents who 
are committed to their children's success.''
  All too often, deportation separates U.S. citizen children from their 
parents. In 2009, the Inspector General of the Department of Homeland 
Security found that, in the last ten years, at least 108,434 immigrant 
parents of American citizen children were removed from this country. 
Other reports show that deporting a parent causes trauma and long-
lasting harm to children.
  Moreover, the deportation of Javier and Leticia would be a 
significant loss to the community. Leticia is currently volunteering 
and training for a job with Bay Area Women Against Rape in Oakland, 
which provides services to survivors of sexual assault. She is also a 
certified health promoter and volunteer at Vazquez Health Center in 
Fremont.
  Javier's community involvement is just as impressive. He has 
volunteered with the Women's Foundation of California, Lance 
Armstrong's Livestrong Foundation, the Saint Patrick Proto Cathedral 
Parish, the American Red Cross, and the California AIDS Ride.
  Patricia W. Chang, a long-time community leader in California and 
current CEO of Feed the Hunger, writes: ``Asking Mr. Urenda to leave 
the United States would deprive his children of their father, an 
upstanding resident of the country. It would deprive the community of 
an active participant, leader, and volunteer.''
  Judy Patrick, President/CEO of the Women's Foundation of California, 
states that Javier ``is a model participant in this society.''
  Clearly, Javier and Leticia have earned the admiration of their 
community here in the United States. They are the loving parents of 
three American children. Javier is a valued employee at Full Bloom 
Baking Company. This family shows great potential, and I believe it is 
in our Nation's best interest to allow them to remain here with their 
children and to continue making significant contributions to California 
and the Nation as a whole.
  I respectfully ask my colleagues to support this private relief 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. 443

       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 JAVIER LOPEZ-URENDA 
                   AND MARIA LETICIA ARENAS.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Javier Lopez-Urenda and Maria Leticia Arenas 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 Javier Lopez-Urenda or Maria 
     Leticia Arenas enter the United States before the filing 
     deadline specified in subsection (c), that alien 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 to an application 
     for issuance of an immigrant visa or an application for 
     adjustment of status that 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 Javier Lopez-
     Urenda and Maria Leticia Arenas, the Secretary of State shall 
     instruct the proper officer to reduce by two, 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 aliens' 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 aliens' birth 
     under section 202(e) of such Act (8 U.S.C. 1152(e)).

[[Page S1133]]

       (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.
                                 ______