[House Report 110-742]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-742
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FOR THE RELIEF OF SHIGERU YAMADA
_______
July 8, 2008.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2760]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2760) for the relief of Shigeru Yamada, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Agency Views..................................................... 5
Additional Views................................................. 7
Purpose and Summary
H.R. 2760 would make Shigeru Yamada eligible for adjustment
of his status to that of a permanent resident.
Background and Need for the Legislation
Shigeru Yamada was born in Japan on March 26, 1982. In
1992, when Mr. Yamada was 10 years old, he and his two sisters
were brought to the United States from Japan by their mother, a
student who came over to the United States on a student visa.
They lived in the United States for more than 3 years, during
which time Mr. Yamada's mother became engaged to a United
States citizen. Had she married her fiance, she and her
children would have been able to obtain lawful permanent
residence in the country. Unfortunately, Mr. Yamada's mother
was killed in a car accident on September 19, 1995.
After his mother's death, Mr. Yamada and his sisters were
raised by their maternal aunt and uncle in Chula Vista,
California. Mr. Yamada's natural father was an alcoholic and
had been physically abusive to him and his sisters, as well as
their mother, in the past. There was no other viable caretaker
in Japan.
Thereafter, Mr. Yamada's aunt attempted to formally adopt
him, but the adoption was not completed before his 16th
birthday (the age cut-off at which adoption by United States
citizens no longer provides legal immigration status). Mr.
Yamada thus remained in the United States without legal
immigration status, unlike his sisters who obtained legal
status through adoption and marriage.
In the meantime, Mr. Yamada became a model student,
graduating from Eastlake High School with honors in 2000. At
Eastlake, he served on student government, participated in
numerous community service activities, and excelled at football
and wrestling. He was an All-American Scholar and was named
``Outstanding English Student'' his freshman year. He was also
voted the ``Most Inspirational Player of the Year'' in various
sports, both at the junior-varsity and varsity level. He served
as vice president of the associated student body his senior
year.
For the past 4 years, Mr. Yamada has volunteered to coach
the Eastlake High School softball team and has attended
Southwestern Community College.
It is through no fault of his own that Mr. Yamada was
raised in the United States without legal immigration status.
Mr. Yamada's mother died before she could regularize his
status, and adoption proceedings by his aunt were begun too
late to affect his immigration status. H.R. 2760 presents the
only option for Mr. Yamada to remain in the United States.
Hearings
The Committee on the Judiciary held no hearings on H.R.
2760.
Committee Consideration
On February 26, 2008, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill, H.R. 2760, favorably
reported, without amendment, by voice vote, a quorum being
present. On April 2, 2008, the Committee met in open session
and ordered the bill, H.R. 2760, favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 2760.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives 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(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2760, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2760, a bill for
the relief of Shigeru Yamada.
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.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 2760--A bill for the relief of Shigeru Yamada.
H.R. 2760 would make Shigeru Yamada eligible for permanent
residence in the United States. CBO estimates that enacting
this legislation would have no significant impact on the
Federal budget.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2760 would make Shigeru Yamada eligible for adjustment of his
status to that of a lawful permanent resident.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII 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.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2760 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Shigeru Yamada.
Subsection (a) provides that, notwithstanding subsections (a)
and (b) of section 201 of the Immigration and Nationality Act,
Shigeru Yamada is 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 or for
adjustment of status to lawful permanent resident.
Subsection (b) provides that if Shigeru Yamada enters the
United States before the filing deadline specified in
subsection (c), he must be considered to have entered and
remained lawfully and, if otherwise eligible, be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of the enactment of this Act.
Subsection (c) provides that subsections (a) and (b) apply
only if the application for issuance of an immigrant visa or
the application for adjustment of status is filed with
appropriate fees within 2 years after the date of the enactment
of this Act.
Subsection (d) provides that, upon the granting of an
immigrant visa or permanent residence to Shigeru Yamada, the
Secretary of State must instruct the proper officer to reduce
by one, during the current or next following fiscal year, the
total number of immigrant visas that are made available to
natives of the country of the alien's birth under section
203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under
section 202(e) of such Act.
Subsection (e) provides that the natural parents, brothers,
and sisters of Shigeru Yamada must not, by virtue of such
relationship, be accorded any right, privilege, or status under
the Immigration and Nationality Act.
Agency Views
The comments of the Department of Homeland Security on H.R.
2760 are as follows:
Additional Views
Meritorious private bills should either represent unique
and compelling circumstances or fit within private bill
precedent of the modern era (from the 97th Congress onward,
following the ABSCAM private bill scandal).
This private bill does fit within private bill precedent.
Private immigration bills have been enacted where the aliens
(usually illegally present) had been abandoned by their parents
or the parents had died. For instance, in the 106th Congress, a
private bill was enacted that granted permanent residence to
Tony Larza.\1\ Tony entered the U.S. illegally with his sister
from El Salvador when he was 10 years old to join his parents,
who were living in Los Angeles. After his mother returned to El
Salvador, she died. His father abandoned Tony and his sister
and was later deported. After they lived in neglect with an
uncle, neighbors adopted his sister but could not afford to
also adopt Tony. At age 16, he started living with his high
school wrestling coach. He has graduated high school. The
private bill granted Tony permanent residence.
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\1\See Priv. L. No. 106-22.
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And, in the 108th Congress, a private bill was enacted that
granted permanent residence to Richi Lesley.\2\ Richi was born
in Korea to an unknown U.S. serviceman and a Korean woman. She
put him up for adoption and he was adopted by another American
serviceman and his wife (who had also adopted another Korean
girl). The husband was killed in a fishing accident while
living in Japan and and his wife became unable to care for the
two young children. However, the serviceman's mother in the
U.S. agreed to take the children in and they were granted
visitor's visas to come to the U.S. (while Richi was still 1
year old). Following the death of the adoptive grandmother, the
children lived with other family and friends. The private bill
granted Richi permanent residence.
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\2\See Priv. L. No. 108-3.
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A DHS report on Mr. Yamada was received on November 28,
2007, and contained no derogatory information. Because H.R.
2760 fits within private bill precedent and the DHS report
contained no derogatory information, this is a meritorious
private bill.
Lamar Smith.