[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[Senate]
[Pages S8867-S8868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Padilla):
  S. 3297. 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, CA. She is the proud mother of 20-year-old 
twin boys, Jashley and Joriene, who are U.S. citizens. She is married 
to Jay Mercado, a naturalized U.S. citizen.
  Ms. Tan faces deportation to the Philippines, which would separate 
her from her family and jeopardize her safety. I believe Ms. Tan merits 
Congress's special consideration for this extraordinary form of relief 
because her removal from the United States would cause serious, undue 
hardship for her and her family.
  Ms. Tan experienced horrific violence in the Philippines before she 
came to the United States. When she was only 14 years old, Ms. Tan's 
cousin murdered Ms. Tan's mother and sister and shot Ms. Tan in the 
head. The cousin was eventually prosecuted, but 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 faces a deportation order because of negligent counsel. Ms. 
Tan applied for asylum in 1995. When her case went before the Board of 
Immigration Appeals, her attorney was supposed to file a brief in 
support of her case, but the attorney failed to do so. As a result, the 
Board of Immigration Appeals dismissed Ms. Tan's case and granted her 
voluntary departure from the United States.
  However, Ms. Tan's negligent counsel never notified Ms. Tan that the 
Board of Immigration Appeals issued an order granting her voluntary 
departure. Because she did not know about the order, Ms. Tan did not 
depart the United States, so 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 against her former attorney, who had similar 
complaints from other clients, with the State Bar of California.
  On February 4, 2015, Ms. Tan's spouse, Mr. Mercado, 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 of 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 still faces 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 be a major loss to her community and 
would cause serious hardship for her two children, Jashley and Joriene, 
who are U.S. citizens.
  Ms. Tan used to run an in-home daycare, and she is now a homemaker 
caring for her husband and two sons. Ms. Tan and her family are heavily 
involved in their community in Pacifica and own their own home. The 
family attends and volunteers at Good Shepherd Catholic Church. They 
also volunteer with 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.
  Joriene is a junior at Stanford University and is premed, 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.
  If Ms. Tan were forced to leave the United States, her family has 
stated that they would go with her to the Philippines or try to find a 
third country where the entire family could relocate together. This 
would mean that Jashley and Joriene would have to leave behind their 
education and the only home they have known.
  I do not believe it is in our Nation's best interest to force this 
family, with two U.S. citizen children, to make the choice between 
being separated or relocating to a country where they may face safety 
concerns or other serious hardships.
  Enactment of the legislation I am introducing on behalf of Ms. Tan 
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 the text of the bill be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3297

       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

[[Page S8868]]

     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.

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