[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 18543-18545]
[From the U.S. Government Publishing Office, www.gpo.gov]




       HELP HAITIAN ADOPTEES IMMEDIATELY TO INTEGRATE ACT OF 2010

  Mr. CONYERS. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 5283) to provide for adjustment 
of status for certain Haitian orphans paroled into the United States 
after the earthquake of January 12, 2010.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as--
       (1) the ``Help Haitian Adoptees Immediately to Integrate 
     Act of 2010''; or
       (2) the ``Help HAITI Act of 2010''.

     SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.

       (a) In General.--The Secretary of Homeland Security may 
     adjust the status of an alien to that of an alien lawfully 
     admitted for permanent residence if the alien--
       (1) was inspected and granted parole into the United States 
     pursuant to the humanitarian parole policy for certain 
     Haitian orphans announced by the Secretary of Homeland 
     Security on January 18, 2010, and suspended as to new 
     applications on April 15, 2010;
       (2) is physically present in the United States;
       (3) is admissible to the United States as an immigrant, 
     except as provided in subsection (c); and
       (4) files an application for an adjustment of status under 
     this section not later than 3 years after the date of the 
     enactment of this Act.
       (b) Numerical Limitation.--The number of aliens who are 
     granted the status of an alien lawfully admitted for 
     permanent residence under this section shall not exceed 1400.
       (c) Grounds of Inadmissibility.--Section 212(a)(7)(A) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(A)) 
     shall not apply to an alien seeking an adjustment of status 
     under this section.
       (d) Visa Availability.--The Secretary of State shall not be 
     required to reduce the number of immigrant visas authorized 
     to be issued under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) for any alien granted the status of 
     having been lawfully admitted for permanent residence under 
     this section.
       (e) Aliens Deemed To Meet Definition of Child.--An 
     unmarried alien described in subsection (a) who is under the 
     age of 18 years shall be deemed to satisfy the requirements 
     applicable to adopted children under section 101(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if--
       (1) the alien obtained adjustment of status under this 
     section; and
       (2) a citizen of the United States adopted the alien prior 
     to, on, or after the date of the decision granting such 
     adjustment of status.
       (f) No Immigration Benefits for Birth Parents.--No birth 
     parent of an alien who obtains adjustment of status under 
     this section shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this 
     section or the Immigration and Nationality Act (8 U.S.C. 1101 
     et seq.).

     SEC. 3. COMPLIANCE WITH 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. I yield myself as much time as I may consume.
  Madam Speaker, Members of the House, this bill, entitled the Help 
HAITI Act of 2010, was introduced by the gentleman from Nebraska (Mr. 
Fortenberry). It is incredibly important that we finish the job we 
undertook when we rescued just over 1,200 Haitian orphans immediately 
following the earthquake that devastated Haiti on January 12 earlier 
this year.

                              {time}  1600

  All in all, 1.5 million people were directly affected in terms of 
human and

[[Page 18544]]

economic impact. It was one of the worst natural disasters ever 
recorded in the Western Hemisphere.
  In response to this disaster, the Department of Homeland Security 
instituted a policy for the immediate evacuation of Haitian orphans who 
had been adopted or were in the process of being adopted as citizens.
  Now, in the United States with their adoptive or prospective adoptive 
American parents, these children need one more bit of assistance. Had 
the earthquake not hit and disrupted the adoption process in Haiti, 
each of these children would have entered the country as United States 
citizens under current immigration law.
  But because of the emergency procedures used to evacuate these 
children, they must now wait years before they can get permanent 
residency and years more before they can qualify for citizenship. Some 
are even running the risk of aging out even before they can get their 
residency, which would make them ineligible for legal status in the 
country.
  So what the measure before us does is treat these children as if they 
had come to the United States under the normal adoption procedures that 
would have applied had the earthquake not occurred and required 
hastening their move.
  It is with that in mind that I am pleased to thank the bipartisan 
efforts of the Judiciary Committee, starting with the ranking member, 
Lamar Smith; the immigration subcommittee chair, Zoe Lofgren; and, of 
course, Judge Poe, who is leading the measure on the other side.
  With that, I reserve the balance of my time.
  Mr. POE of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  I strongly support H.R. 5283. Madam Speaker, earlier this year, Haiti 
was hit by a massive earthquake and hundreds of thousands of people 
died. In reaction, the Department of Homeland Security announced a 
humanitarian parole policy under which orphaned Haitian children who 
were in the middle of an adoption process with prospective Americans 
would be immediately brought to the United States. Under this policy, 
about 1,200 Haitian children, orphans, came to the United States.
  Since adoption proceedings were not yet completed when these children 
were brought to this country, they will have to live with their 
adoptive parents for 2 years before being eligible for permanent 
resident status in the United States. In the interim, they remain in 
parole status, which is to be renewed each and every year.
  This legal limbo can be stressful to the children and to the families 
who have adopted them. We must remember, Madam Speaker, these children 
had already been approved for adoption to American parents.
  Additionally, Representative Fortenberry from Nebraska was concerned 
about the impact of this delay on children and circumstances such as 
the death of adoptive parents. Mr. Fortenberry therefore introduced the 
Help HAITI Act of 2010. This bill grants immediate permanent residence 
to the airlifted Haitian orphans.
  This legislation completes the humanitarian endeavor launched by the 
Department of Homeland Security and secures the futures of children who 
have already suffered a great deal. It is in the best tradition of 
American humanitarian response. The House has already passed the 
Fortenberry bill by voice vote. The Senate made some minor changes and 
passed the bill by unanimous consent.
  I know personally how important this bill is to the children and 
families of this country. The Parker family, from my district in 
Kingwood, Texas, contacted my office shortly after the earthquake that 
devastated Haiti to get help in finalizing the adoption of their son.
  Before the earthquake, the Parker family had been in the process of 
adopting a young Haitian named Ronel. Prior to the earthquake, Ronel 
had been cleared to immigrate to the United States. But after the 
bureaucratic breakdown following the earthquake, his adoption was held 
up. Fearing for Ronel's safety, Mr. Parker flew down to Port-au-Prince 
and slept on the floor of the United States Embassy for several days as 
he haggled with United States and Haitian authorities to permit the 
adoption. Finally, after many sleepless nights, the adoption was 
permitted and Ronel was allowed to fly to his new home in Kingwood, 
Texas.
  A few weeks after making his way to his new home, I was fortunate to 
meet this young American. Although he was still learning English, and I 
don't speak Creole very well, we communicated just fine. My staff even 
took up a collection to buy him his first pair of Texas cowboy boots. 
It was clear that he was very intelligent and had a strong heart, and 
he was very happy to be in America with his new American family. I am 
confident that Ronel will grow up to be a fine American and a fine 
Texan, and we are proud to have him in this country.
  It is for children like Ronel and the families like the Parkers that 
I urge support for this legislation. The families of these 1,200 
Haitian adoptees have gone through enough, and these parents are to be 
admired by all of us.
  I urge my colleagues to pass this bill, as amended by the Senate, so 
we can send it to the President for his signature.
  I reserve the balance of my time.
  Mr. CONYERS. I want to commend Judge Ted Poe as a gentleman and a 
scholar, and we are proud of his service on the Judiciary Committee.
  I yield as much time as she may consume to the gentlewoman from 
Texas, Sheila Jackson Lee.
  Ms. JACKSON LEE of Texas. Thank you very much, Mr. Chairman. Thank 
you for your leadership on this issue. Thank you to Mr. Fortenberry and 
my friend and colleague from the State of Texas, Judge Poe.
  This is a response to a humanitarian crisis. Some of us had the 
opportunity and somewhat of a privilege to be in Haiti this past 
Sunday. I am here to report that there are still 1.5 to 1.6 million 
persons still displaced, many of them living in various camps. There is 
need for the continued removal of rubbish and the debris that we all 
saw in horror on January 12 of 2010.
  So this is an enormously important initiative because it addresses 
the question of almost 1,200 Haitian orphans which were airlifted and 
rescued on that fateful day. They now live in limbo, and it is 
important to note for my friends on the floor of the House that if they 
were to return, it is a country that struggles to survive.
  Let me applaud the Haitian Government for its concern about Haitian 
children and Haitian orphans and to make sure that there is no abuse 
and misuse of those children. But we know that many of these children, 
all of these children, are in loving homes here in the United States. 
There are families that still want to endorse the idea of adoption of 
Haitian children. All of them are willing to do it in the right way.
  But this legislation helps those who are here to give them permanent 
residence status, to allow them to obtain status so that they can 
pursue the act of citizenship once the Government of Haiti is in 
operation.
  On this past Sunday, there was an election, and many of you heard of 
the challenges that were faced. Some of us still believe that those 
challenges of allegations of fraud need to be corrected. But we do know 
that Haiti needs a stable and supporting government, and we know that 
these children need a loving family. It is important, then, to provide 
them with this particular effort, this bridge, that will take them to 
the next level, the next step.
  Let me thank the many parents who simply have love to share with 
these children, these adoptive American parents who need assistance 
now. Let me thank you and acknowledge to you that there are Members of 
Congress who are particularly sensitive to this issue.
  Just a few months ago I traveled to Haiti with Senator Mary Landrieu 
and Debbie Wasserman Schultz. Our focus was on the children--their 
schooling, their access to health care, and, yes, the ability for them 
to be adopted in an expedited or an efficient manner.

[[Page 18545]]

  So, therefore, I ask my colleagues to support this legislation as, 
really, the first step in what will be many, many steps on the journey 
of the restoration of Haiti and the Haitian people. They are resilient. 
And I would like to thank the Haitian Americans and those who still 
struggle to survive, because it is still important for us to say we 
will not forget you.

                              {time}  1610

  Mr. POE of Texas. Madam Speaker, I yield to the gentleman from 
Nebraska (Mr. Fortenberry), the sponsor of the original legislation, as 
much time as he wishes to consume.
  Mr. FORTENBERRY. Thank you, Judge Poe, for the time. And I also wish 
to thank Chairman Conyers as well as Chairwoman Lofgren of the 
Immigration Subcommittee and Lamar Smith, the ranking member on the 
full committee, for your efforts in this regard, especially your 
diligence in getting this to the floor today.
  I also, Madam Speaker, want to thank the many adoptive families, 
members of the international adoption community and others who have 
worked behind the scenes to spur action today. Thanks to this outreach 
of so many concerned Americans, Congress is finally doing the right 
thing here to help as many as 1,200 voiceless and vulnerable Haitian 
orphans and their adoptive American families. We can now give these new 
families, who have endured so much heartbreak and tragedy, the comfort 
of knowing that their children's legal status is now in good order.
  Many of us received heartbreaking calls for help in the wake of the 
January 12 earthquake. American families in various stages, as we have 
heard, of adopting Haitian orphans feared for the safety and the 
security of their children. Extraordinary work was done swiftly to 
evacuate these children and unite them with their new families on U.S. 
soil. Yet instead of coming here as fully adopted U.S. citizens, these 
children arrived under a legal status known as humanitarian parole.
  Due to a destructive, unpredictable act of nature, the normal process 
for international adoptions in Haiti was upended, and these American 
families were prohibited from finalizing the adoptions in Haitian 
courts. While their status remains in limbo, these vulnerable children 
have fewer legal protections, may not be eligible for critical 
resources, and potentially risk being forced to return to Haiti. With 
each passing day, some children are aging out of the international 
adoption system as well. Once a child turns 16, he or she may no longer 
gain U.S. citizenship through adoption.
  So the urgency is clear. I recently spoke, Madam Speaker, with the 
mother of a Haitian orphan who just turned 16. We have to act. We need 
to pass this bill today to give so much more security to these generous 
American families who have opened their hearts and homes to children in 
extraordinary need.
  Again, I want to thank all of those who have been involved in helping 
get this important legislation to the floor today.
  Mr. CONYERS. Madam Speaker, I now recognize the gentlewoman from 
Brooklyn, New York, Yvette Clarke, for as much time as she may consume. 
And I note that she has the second largest number of Haitians and 
Haitian Americans in her congressional district.
  Ms. CLARKE. Let me thank you, Chairman Conyers, for your 
conscientious in bringing this legislation to the floor. I rise today 
as a proud cosponsor of H.R. 5283, the Help HAITI Act of 2010, 
introduced by my colleague, Congressman Jeff Fortenberry. This bill 
normalizes the immigration procedures for certain adopted Haitian 
orphans that received humanitarian parole between January 18 of 2010 
and April 15, 2010. It allows their adoptive families, who are U.S. 
citizens, to apply immediately on their behalf to become legal 
permanent residents and eventually qualify for citizenship.
  As a representative of the second-largest population of first- and 
second-generation Haitian immigrants, Haiti has been at the core of my 
Caribbean agenda. That is why I'm extremely concerned that more than 
1,000 paroled Haitian orphans being adopted by American families remain 
in immigration limbo due to a legal technicality. At least 50 orphans 
reside in my district alone.
  It is alarming that these children have to wait 2 years before they 
are granted legal permanent residency. If this situation is not 
addressed, these children will remain in this country without certain 
legal protection and are in jeopardy of being separated from their 
adoptive family and deported back to Haiti, where they have no family.
  The legal technicality that puts these children in such a precarious 
position is yet another example of why our Nation needs comprehensive 
immigration reform. That is why I'm committed to working with my 
colleagues to make immigration reform a reality as soon as possible. 
Our national security is at stake, our moral standing in the world 
depends upon it, and the American people, many of whom are first- and 
second-generation immigrants, demand it. I urge Congress to take a 
fresh look at the antiquated policies and bureaucratic backlog that 
tear families apart and devastate our communities.
  Finally, I commend Congressman Fortenberry and Senator Gillibrand for 
addressing this issue and their continued support for the people of 
Haiti.
  Mr. POE of Texas. Madam Speaker, I want to thank the chairman for 
bringing this legislation to the floor. It's very important to the 
Parker family in my district, the people that Mr. Fortenberry in 
Nebraska mentioned, and the 1,200 families and children that are going 
to now have a good Christmas because that legislation has passed in the 
House.
  I yield back the balance of my time.
  Mr. CONYERS. I yield back as well.
  The SPEAKER pro tempore (Ms. Markey of Colorado). The question is on 
the motion offered by the gentleman from Michigan (Mr. Conyers) that 
the House suspend the rules and concur in the Senate amendment to the 
bill, H.R. 5283.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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