[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.

                                
