[Congressional Record Volume 157, Number 110 (Thursday, July 21, 2011)]
[Senate]
[Page S4807]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1405. A bill for the relief of Guy Privat Tape and Lou Nazie 
Raymonde Toto; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Guy Privat Tape and Lou Nazie Raymonde Toto. 
Mr. Tape and Ms. Toto are citizens of the Ivory Coast, but have been 
living in the San Francisco area of California for approximately 17 
years.
  The story of Mr. Tape and Ms. Toto is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Mr. Tape and Ms. Toto were subjected to numerous atrocities in the 
early 1990's in the Ivory Coast. After participating in a demonstration 
against the ruling party, they were jailed and tortured by their own 
government. Ms. Toto was brutally raped by her captors and several 
years later learned that she had contracted HIV.
  Despite the hardships that they suffered, Mr. Tape and Ms. Toto were 
able to make a better life for themselves in the United States. Mr. 
Tape arrived in the U.S in 1993 on a B1/B2 non-immigrant visa. Ms. Toto 
entered without inspection in 1995 from Spain. Despite being diagnosed 
with HIV, Ms. Toto gave birth to two healthy children, Melody, age 13, 
and Emmanuel, age 8.
  Since arriving in the United States, this family has dedicated 
themselves to community involvement and a strong work ethic. They are 
active members of Easter Hill United Methodist Church.
  Mr. Tape is employed as a security guard and unfortunately, in 2002, 
he was diagnosed with prostate cancer. While his doctor states that the 
cancer is currently in remission, he will continue to require life-long 
surveillance to monitor for recurrence of the disease.
  In addition to raising her two children, Ms. Toto obtained a 
certificate to be a nurse's aide and currently works as a Resident Care 
Specialist at a nursing home in San Pablo, California. Ms. Toto 
continues to receive medical treatment for HIV. According to her 
doctor, without access to adequate health care and laboratory 
monitoring, she is at risk of developing life-threatening illnesses.
  Mr. Tape and Ms. Toto applied for asylum when they arrived in the 
U.S., but after many years of litigation, the claim was ultimately 
denied by the 9th Circuit Court of Appeals.
  Although the regime which subjected Mr. Tape and Ms. Toto to 
imprisonment and torture is no longer in power, Mr. Tape has been 
afraid to return to the Ivory Coast due to his prior association with 
former President Laurent Gbagbo. As a result, Mr. Tape strongly 
believes that his family will be targeted if they return to the Ivory 
Coast.
  One of the most compelling reasons for permitting the family to 
remain in the United States is the impact their deportation would have 
on their two U.S. citizen children. For Melody and Emmanuel, the United 
States is the only country they have ever known. Mr. Tape believes that 
if the family returns to the Ivory Coast, these two young children will 
be forced to enter the army.
  This bill is the only hope for this family to remain in the United 
States. To send them back to the Ivory Coast, where they may face 
persecution and inadequate medical treatment for their illnesses would 
be devastating to the family. I have received approximately 30 letters 
from the church community in support of this family.
  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. 1405

       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 GUY PRIVAT TAPE AND 
                   LOU NAZIE RAYMONDE TOTO.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Guy Privat Tape and Lou Nazie Raymonde Toto 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 such Act 
     (8 U.S.C. 1154) or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Guy Privat Tape or Lou Nazie 
     Raymonde Toto enters the United States before the filing 
     deadline specified in subsection (c), Guy Privat Tape or Lou 
     Nazie Raymonde Toto, 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 granting an 
     immigrant visa or permanent residence to Guy Privat Tape and 
     Lou Nazie Raymonde Toto, 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 Guy Privat Tape and Lou Nazie Raymonde 
     Toto 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 Guy Privat Tape and Lou Nazie Raymonde 
     Toto 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.

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