[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1138-S1139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 451. A bill for the relief of Claudia Marquez Rico; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I come to the floor today to 
reintroduce private relief legislation for Claudia Marquez Rico. I 
first introduced a private bill for Claudia back in 2006. This young 
woman has lived in California for most of her life. She suffered 
tremendous hardship after the sudden death of her parents more than ten 
years ago. I believe she deserves the special relief granted by a 
private bill.
  Claudia was born in Jalisco, Mexico. She was only 6 years old when 
her parents brought her, and her two younger brothers, to the United 
States.
  Ten years ago, tragedy struck this family. Early in the morning on 
October 4, 2000, while driving to work, Claudia's parents were killed 
in a horrific car accident when their vehicle collided with a truck on 
a rural road.
  Suddenly orphaned, Claudia and her siblings were fortunate enough to 
have a place to go. They were welcomed into the loving home of their 
aunt, Hortencia, and uncle, Patricio, who are both United States 
citizens. Hortencia and Patricio are active at Buen Pastor Catholic 
Church. Patricio is a youth soccer coach. This couple raised the 
Marquez children as their own, counseling them through the loss of 
their parents and helping them with their school work. They became the 
legal guardians of the Marquez children in 2001.
  Claudia likely would have resolved her immigration status, were it 
not for poor legal representation. The death of the Marquez parents 
meant that Claudia and her siblings should have qualified for special 
immigrant juvenile status. Congress created this special immigrant 
status to protect children under extraordinary circumstances and spare 
them the hardship of deportation when a state court deems the children 
to be dependents as a result of abuse, abandonment, or neglect. In 
fact, Claudia's younger brother, Omar, was granted this special 
immigrant juvenile status, providing him legal permanent residency.
  However, the lawyer for the Marquez children failed to secure this 
relief for Claudia. She has now reached the age of majority without 
having resolved her immigration status, making her ineligible for this 
special relief.
  It is important to take note that the lawyer who handled this case 
currently faces charges on numerous counts of professional incompetence 
and moral turpitude for mishandling immigration cases. The California 
State Bar accused him of a ``despicable and far-reaching pattern of 
misconduct.'' The Bar sought to disbar the attorney before he resigned 
with pending charges.
  Claudia deserved a fair chance at resolving her immigration status, 
but her attorney's egregious behavior stripped her of this opportunity.
  Claudia, nonetheless, finished school despite these adverse 
circumstances. She secured a job in Redwood City, California, and she 
currently lives with her younger sister, Maribel, in Menlo Park, where 
they care for their grandfather. Claudia also provides financial 
support to her two brothers, Jose and Omar, whenever necessary. She is 
still active in the local community, attending San Clemente Catholic 
Church in Hayward.
  It would be an injustice to add to the Marquez family's misfortune by 
tearing these siblings apart. Claudia and her siblings have come to 
rely on each other in the absence of their deceased parents, and 
Claudia is clearly a central support of this family. Moreover, Claudia 
has never visited Mexico and has no close relatives in the country. She 
was so young when her parents brought her to the United States that she 
has no memories of Mexico.
  I am reintroducing a private relief bill on Claudia's behalf because 
I believe her removal from the United

[[Page S1139]]

States would go against our standard of fairness and would only cause 
additional hardship on a family that already endured so much.
  I respectfully ask my colleagues to support this private relief 
legislation on behalf of Claudia Marquez Rico.
  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. 451

       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 CLAUDIA MARQUEZ 
                   RICO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Claudia Marquez Rico 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 Claudia Marquez Rico enters 
     the United States before the filing deadline specified in 
     subsection (c), she shall be considered to have entered and 
     remained lawfully and, if otherwise eligible, 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 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 Number.--Upon the granting 
     of an immigrant visa or permanent residence to Claudia 
     Marquez Rico, the Secretary of State shall instruct the 
     proper officer to reduce by 1, 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 
     Claudia Marquez Rico 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 Claudia Marquez Rico under 
     section 202(e) of such Act (8 U.S.C. 1152(e)).
       (e) Denial of Preferential Immigration Treatment for 
     Certain Relatives.--The natural parents, brothers, and 
     sisters of Claudia Marquez Rico shall not, by virtue of such 
     relationship, be accorded any right, privilege, or status 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (f) 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.
                                 ______