[House Report 106-962]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-962
======================================================================
FOR THE RELIEF OF JACQUELINE SALINAS AND HER CHILDREN GABRIELA SALINAS,
ALEJANDRO SALINAS, AND OMAR SALINAS
_______
October 11, 2000.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S. 1513]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (S. 1513) for the relief of Jacqueline Salinas and her
children Gabriela Salinas, Alejandro Salinas, and Omar Salinas,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 1
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform Findings.................... 2
New Budget Authority and Tax Expenditures.................. 3
Congressional Budget Office Cost Estimate.................. 3
Constitutional Authority Statement......................... 3
Agency Views............................................... 3
Purpose and Summary
S. 1513 would allow Jacqueline Salinas and her children
Gabriela, Alejandro, and Omar to adjust to permanent resident
status.
Background and Need for the Legislation
In March 1996, Gabriela Salinas and her father left Bolivia
and traveled to New York to seek lifesaving treatment at Mt.
Sinai Medical Center for Gabriela's rare bone cancer, ewing
sarcoma. Gabriela was denied treatment because her family could
not pay the $250,000 deposit required by that hospital. They
then proceeded to Memphis, Tennessee, for treatment at St.
Jude's Children's Hospital. After hearing of Gabriela's plight,
St. Jude's arranged for her to receive treatment at no cost.
Shortly after Gabriela's chemotherapy treatment began, her
mother Jacqueline and Gabriela's three siblings joined her and
her father in Tennessee.
Tragically, on April 14, 1997, prior to the end of
Gabriela's treatment, Omar and Gabriela's 3-year old sister,
Valentina, were killed in a car accident on their way back from
Washington, D.C. to renew their passports. Jacqueline, 7 months
pregnant at the time, was permanently paralyzed from the waist
down. Jacqueline, who gave birth to a healthy baby boy 2 months
later, had no other means of financial support. St. Jude
Hospital generously offered to care for the family. The
hospital has made a commitment to provide full financial
support for Jacqueline and her children to live permanently in
the U.S.
Because they do not meet the requirements for permanent
residence under current immigration law, the Salinas family
will be forced to leave the U.S. following the expiration of
their tourist visas. Although Jacqueline's 2-year old son is a
U.S. citizen, he will not be qualified to sponsor his mother
for permanent residence until the age of 21. Despite her
background in teaching, Jacqueline does not qualify for an
employment based visa.
Because of Jacqueline's paralysis, she will not be able to
find any employment as a teacher in Bolivia. Further, Gabriela
still requires constant monitoring for her condition. The
Salinas family, who have suffered so much tragedy here, will
face a dim future in Bolivia.
Committee Consideration
On October 11, 2000, the Committee on the Judiciary met in
open session and ordered reported favorably the bill S. 1513
without amendment by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the committee reports
that the findings and recommendations of the committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the bill would have no significant impact on the Federal
budget. This is based on the Congressional Budget Office cost
estimate on S. 1513. That Congressional Budget Office cost
estimate follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed 11 private relief acts, which were ordered reported by
the House Committee on the Judiciary on October 11, 2000. CBO
estimates that their enactment would have no significant impact
on the federal budget. These acts could have a very small
effect on fees collected by the Immigration and Naturalization
Service and on benefits paid under certain federal entitlement
programs. Because these fees and expenditures are classified as
direct spending, pay-as-you-go procedures would apply. The act
reviewed is:
LS. 1513, an act for the relief of Jacqueline
Salinas and her children Gabriela Salinas, Alejandro
Salinas, and Omar Salinas;
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Sincerely,
Dan L. Crippen, Director.
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
Constitutional Authority Statement
Pursuant to rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in article 1, section 8, clause 4 of the
Constitution.
Agency Views
The comments of the Immigration and Naturalization Service
on S. 1513 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, June 1, 2000.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
Dear Mr. Chairman: In response to your request for a report
relative to the bill, S. 1513, for the relief of Jacqueline
Salinas and her children, Gabriela Salinas, Alejandro Salinas,
and Omar Salinas, there is enclosed a memorandum of information
concerning the beneficiaries.
The bill would waive the provisions of the Immigration and
Nationality Act (Act) which exclude from admission into the
United States aliens, who are likely to become a public charge.
The bill would authorize the issuance of a visa to the
beneficiary and her admission into the United States for
permanent residence, if she is otherwise admissible under the
Act. The bill also limits the exemption granted the beneficiary
to a ground for exclusion known to the Department of State or
the Department of Justice prior to the date of its enactment.
Because the beneficiary may be considered to be classified as
an alien, who is likely to become a public charge, the
Committee may wish to amend the bill to waive the provisions of
Section 212(a)(4) of the Act.
Absent enactment of the bill, the beneficiaries, natives
and citizens of Bolivia, would be chargeable to the non-
preference portion of the numerical limitation for immigrants
and conditional entrants from countries in the Western
Hemisphere.
Sincerely,
Gerri Ratliff, Acting Director,
Congressional Relations.
Enclosure
cc:
Department of State, Visa Office
District Director--NOL-FYI
Memorandum of information from immigration and naturalization service
records re: S. 1513
The beneficiaries, Jacqueline Salinas, whose full name is
Beartriz Jacqueline Antezana Reyes, A77 515 681, was born on
January 24, 1966; Gabriela Salinas, whose full name is Yandira
Gabriela Jackeline Salinas Antezana, A77 515 680, was born on
April 23, 1988; Omar Salinas, whose full name is Omar Salinas
Antezana, A77 515 683, was born on June 29, 1995; and Alejandro
Salinas, whose full name is Alejandro Rodrigo Omar Salinas
Antezana, A77 515 682, was born on April 23, 1988. The
beneficiary, Gabriela, arrived in the United States with her
father Omar Salinas in March 1996, to receive treatment for a
rare form of bone cancer. The beneficiaries, Jacqueline and her
sons, Omar and Alejandro, came to the United States as non-
immigrants on April 21, 1996, to join Gabriela. In April 1997,
the Salinas family was involved in an automobile accident,
which left Jacqueline paralyzed from the waist down and her
husband, Omar Salinas, and one child dead. The beneficiaries,
Jacqueline, Gabriela, Omar and Alejandro currently reside at
3375 Old Brownsville Road, Memphis, Tennessee, alone with one
United States citizen child/sibling.
Jacqueline was employed as a kindergarten teacher in
Cochabamba, Bolivia from 1989 until 1993. She is currently
unemployed and all financial support for this family is from
charitable contributions. Jacqueline claims no other family in
the United States and no income. St. Jude Hospital provides
continuing medical treatment for Gabriela pro bono. Jacqueline
has no assets in the United States.
The bill would grant the beneficiaries permanent residence
in the United States as of the date of its enactment, upon
payment of the required visa fee. The bill would also waive the
provisions of the Immigration and Nationality Act, which
excludes from admission into the United States aliens who are,
or are likely to become a public charge. The bill also limits
the exemption granted to the beneficiary to a ground for
exclusion known to the Department of State or the Department of
Justice prior to its enactment.
Absent enactment of the bill, the beneficiaries, natives
and citizens of Bolivia, would be chargeable to the non-
preference portion of the numerical limitation for immigrants
and conditional entrants.
Results of criminal background and fingerprint checks for
the beneficiary was negative.