[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1139-S1140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 452. A bill for the relief of Alfredo Plascencia Lopez and Maria 
Del Refugio Plascencia; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to offer legislation to 
provide lawful permanent residence status to Alfredo Plascencia Lopez 
and his wife, Maria del Refugio Plascencia, Mexican nationals who live 
in the San Bruno area of California.
  I have decided to offer legislation on their behalf because I believe 
that, without it, this hardworking couple and their five children, all 
United States citizens, would face extreme hardship. Their children 
would either face separation from their parents or be forced to leave 
the only country they know and give up on their education in the United 
States.
  The Plascencias have been in the United States for over 20 years. 
They worked for years to adjust their status through appropriate legal 
channels, but poor legal representation ruined their opportunities. The 
Plascencias' lawyer refused to return their calls or otherwise 
communicate with them in any way. He also failed to forward crucial 
immigration documents, or even notify the Plascencias that he had them. 
Because of the poor representation they received, Alfredo and Maria 
only became aware that they had been ordered to leave the United States 
fifteen days prior to their scheduled deportation.
  The Plascencias were shocked to learn of their attorney's 
malfeasance, but they acted quickly to secure legitimate counsel and to 
file the appropriate paperwork to delay their deportation to determine 
if any other legal action could be taken.
  Since arriving in the United States in 1988, Alfredo and Maria have 
proven themselves a civic-minded couple who share our American values 
of hard work, dedication to family, and devotion to community.
  For over 15 years, Alfredo has been gainfully employed at Vince's 
Shellfish, where his dedication and willingness to learn have propelled 
him from part-time work to a managerial position. He now oversees the 
market's entire packing operation and several employees.
  The president of the market, in one of the several dozen letters I 
received in support of Alfredo, referred to him as ``a valuable and 
respected employee'' who ``handles himself in a very professional 
manner'' and serves as ``a role model'' to other employees. Others who 
have written to me praising Alfredo's job performance refer to him as 
``gifted,'' ``trusted,'' ``honest'' and ``reliable.''
  Maria has distinguished herself as a medical assistant at a Kaiser 
Permanente hospital in the Bay Area. Not satisfied with working as a 
maid at a local hotel, she went to school, earned her high school 
equivalency degree, and improved her skills to become a medical 
assistant. She is now in a program to become a Licensed Vocational 
Nurse. She plans to graduate next year and start a nursing program with 
Kaiser to become a registered nurse.
  Several Californians who wrote to me in support of Maria describe her 
as ``responsible,'' ``efficient,'' and ``compassionate.'' Kaiser 
Permanente's Director of Internal Medicine wrote to say that Maria is 
``an asset to the community and exemplifies the virtues we Americans 
extol: hardworking, devoted to her family, trustworthy and loyal, [and] 
involved in her community. She and her family are a solid example of 
the type of immigrant that America should welcome wholeheartedly.''
  Together, Alfredo and Maria have used their professional successes to 
realize many of the goals dreamed of by all Americans. They saved up 
and bought a home. They own a car. They have good health care benefits, 
and they each have begun saving for retirement. They are sending their 
daughter, Christina, age 19, to college and plan to send the rest of 
their children to college as well.
  Allowing the Plascencias to remain in the United States would 
preserve their achievements and ensure that they will be able to make 
substantive contributions to the community in the future.
  In addition, this bill will have a positive impact on the couple's 
United States citizen children, who are dedicated to pursuing their 
educations and becoming productive members of their community.
  Christina is the Plascencias' oldest child. She is 20 years old, 
working and taking classes at Skyline Community College and the College 
of San Mateo. She would like to be a paralegal. Erika, age 16, attends 
Peninsula High School in San Bruno and was recently named Student of 
the Month. Erika's teachers praise her abilities and have referred to 
her as a ``bright spot'' in the classroom.
  Alfredo and Maria also have three young children: Alfredo, Jr., age 
14, Daisy, age 9, and Juan-Pablo, age 5.
  Removing Alfredo and Maria from the United States would be tragic for 
their children. The Plascencia children were born in America and 
through no fault of their own have been thrust into a situation that 
has the potential to dramatically alter their lives.
  It would be especially tragic if Erika, Alfredo, and Daisy have to 
leave the United States. They are old enough to understand that they 
are leaving their schools, their teachers, their friends, and their 
home. They would leave everything that is familiar to them.
  The Plascencia family would then be in Mexico without a means for 
supporting themselves and with no place to live. The children would 
have to acclimate to a different culture, language, and way of life.
  The only other option would be for Alfredo and Maria to leave their 
children here with relatives. This separation is a choice which no 
parents should have to make.
  I am reintroducing this legislation because I believe that the 
Plascencias will continue to make positive contributions to their 
community in California and this country. The Plascencia

[[Page S1140]]

children should be given the opportunity to realize their full 
potential in the United States, with their family intact.
  I respectfully ask my colleagues to support this 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. 452

       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 ALFREDO PLASCENCIA 
                   LOPEZ AND MARIA DEL REFUGIO PLASCENCIA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Alfredo Plascencia Lopez and Maria Del Refugio 
     Plascencia shall each be eligible for the 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 that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Alfredo Plascencia Lopez or 
     Maria Del Refugio Plascencia enter the United States before 
     the filing deadline specified in subsection (c), Alfredo 
     Plascencia Lopez or Maria Del Refugio Plascencia, as 
     appropriate, shall be considered to have entered and remained 
     lawfully 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 issuance of 
     immigrant visas or the application for adjustment of status 
     are filed with appropriate fees within 2 years after the date 
     of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas or permanent residence to Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia, the 
     Secretary of State shall instruct the proper officer to 
     reduce by 2, 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 Alfredo Plascencia 
     Lopez and Maria Del Refugio Plascencia 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 Alfredo 
     Plascencia Lopez and Maria Del Refugio Plascencia under 
     section 202(e) of that 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.
                                 ______