[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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