[Congressional Record Volume 165, Number 46 (Thursday, March 14, 2019)]
[Senate]
[Pages S1903-S1904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 797. A bill for the relief of Shirley Constantino Tan; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing a bill for 
the private relief of Shirley Constantino Tan. Ms. Tan is a Filipina 
national living in Pacifica, California. She is the proud mother of 20-
year-old U.S. citizen twin boys, Jashley and Joriene, and the spouse of 
Jay Mercado, a naturalized U.S. citizen.
  I believe Ms. Tan merits Congress' special consideration for this 
extraordinary form of relief because her removal from the United States 
would cause undue hardship for her and her family. She faces 
deportation to the Philippines, which would separate her from her 
family and jeopardize her safety.
  Ms. Tan experienced horrific violence in the Philippines before she 
left to come to the United States. When she was only 14 years old, her 
cousin murdered her mother and her sister and shot Shirley in the head. 
While the cousin who committed the murders was eventually prosecuted, 
he received a short jail sentence. Fearing for her safety, Ms. Tan fled 
the Philippines just before her cousin was due to be released from 
jail. She entered the United States legally on a visitor's visa in 
1989.
  Ms. Tan's current deportation order is the result of negligent 
counsel. She applied for asylum in 1995. While her case appeal was 
pending at the Board of Immigration Appeals, her attorney failed to 
submit a brief to support her case. As a result, the case was 
dismissed, and the Board of Immigration Appeals granted Shirley 
voluntary departure from the United States.
  Ms. Tan never received notice that the Board of Immigration Appeals 
granted her voluntary departure. Her attorney moved offices, did not 
receive the order, and ultimately never informed her of the order. As a 
result, Ms. Tan did not depart the United States and the grant of 
voluntary departure automatically led to a removal order. She learned 
about the deportation order for the first time on January 28, 2009, 
when Immigration and Customs Enforcement agents took her into 
immigration custody.
  Because of her attorney's negligent actions, Ms. Tan was denied the 
opportunity to present her case in immigration proceedings. She later 
filed a complaint with the State Bar of California against her former 
attorney. She is not the first person to file such a complaint against 
this attorney.
  On February 4, 2015, Ms. Tan's spouse, Jay, a U.S. Citizen, filed an 
approved spousal petition on her behalf. On August 20, 2015, U.S. 
Citizenship and Immigration Services denied her application due to the 
fact that she still had a final order or removal. Ms. Tan must go back 
to the immigration court and ask for the court to terminate her case 
and then reapply for her green card. Ms. Tan is now again facing the 
threat of deportation while she seeks to close her case before an 
immigration court.
  In addition to the hardship that would come to Ms. Tan if she is 
deported, her deportation would cause serious hardship to her two 
United States citizen children, Jashley and Joriene.
  Joriene is a junior at Stanford University and is pre-Med, majoring 
in Human Biology. In addition to his studies, Joriene is involved in 
Stanford's Pilipino-American Student Union. Jashley is a junior at 
Chapman University, majoring in Business Administration. Ms. Tan no 
longer runs her in-home daycare and is a homemaker.
  If Ms. Tan were forced to leave the United States, her family has 
expressed that they would go with her to the Philippines or try to find 
a third country where the entire family could relocate. This would mean 
that Jashley and Joriene would have to leave behind their education and 
the only home they know in the United States.
  I do not believe it is in our Nation's best interest to force this 
family, with two United States citizen children, to make the choice 
between being separated and relocating to a country where they may face 
safety concerns or other serious hardships.
  Ms. Tan and her family are involved in their community in Pacifica 
and own their own home. The family attends Good Shepherd Catholic 
Church, volunteering at the church and the Mother Theresa of Calcutta's 
Daughters of Charity. Ms. Tan has the support of dozens of members of 
her community who have shared with me the family's spirit of commitment 
to their community.

[[Page S1904]]

  Enactment of the legislation I am introducing on behalf of Ms. Tan 
today will enable this entire family to continue their lives in 
California and make positive contributions to their community. Mr. 
President, I ask my colleagues to support this private bill.
  I ask unanimous consent that a copy of the bill be included in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 797

       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 SHIRLEY CONSTANTINO 
                   TAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shirley Constantino Tan 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 Shirley Constantino Tan 
     enters the United States before the filing deadline specified 
     in subsection (c), she 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 an 
     immigrant visa or the application for adjustment of status is 
     filed with appropriate fees within two 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 Shirley 
     Constantino Tan, the Secretary of State shall instruct the 
     proper officer to reduce by one, during the current or next 
     following fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of Shirley 
     Constantino Tan under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of 
     Shirley Constantino Tan 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.
                                 ______