[House Report 112-619]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-619
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FOR THE RELIEF OF MARIA CARMEN CASTRO RAMIREZ AND J. REFUGIO CARRENO
ROJAS
_______
July 24, 2012.--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 H.R. 823]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 823) for the relief of Maria Carmen Castro Ramirez
and J. Refugio Carreno Rojas, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 1
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Purpose and Summary
The bill grants permanent resident status to Maria Carmen
Castro Ramirez and J. Refugio Carreno Rojas.
Background and Need for the Legislation
Ms. Castro Ramirez entered the U.S. illegally from Mexico
in 1991. In 1992, she married another illegal immigrant from
Mexico, Mr. Carreno Rojas. Maria then gave birth to three
children in the U.S., who are all U.S. citizens pursuant to
birthright citizenship. In January 2009, Mr. Carreno Rojas was
deported to Mexico.
All three of the children have serious medical needs. Most
seriously, Guadalupe (18 years of age) suffers from a type of
epilepsy. Dr. Michael Rodriguez, of the UCLA Department of
Family Medicine stated that:
Guadalupe . . . is diagnosed with acute Juvenile Myoclonic
Epilepsy (JME), a potentially life threatening seizure
disorder. Guadalupe's JME is controlled by . . . taking
advanced medication, Keppra KL, a drug that is not available in
Mexico. She receives continuous monitoring by a neurologist.
She requires Keppra KL every day. If she has a lapse in her
treatment, she could suffer severe and permanent adverse
consequences, possibly even death. . . . [I]t is clear that
[Guadalupe is] in grave danger if forced to relocate to Mexico,
since it is highly unlikely that [she] would have access to the
essential care [she needs] on a timely and continuous basis. .
. . [F]or Guadalupe, it is certain that the Mexican health
system will not be able to provide the same level of basic care
she requires, including ensuring that she has the medications
she needs, as well as crucial monitoring and follow up. [S]he
will likely suffer severe and detrimental health consequences
if forced to relocate, possibly even death.
A younger child, Jose (five), has severe asthma and ``if
there is a lapse in the management or treatment of his disease
he will likely suffer from respiratory arrest leading to
death'' (Dr. Monica Nayakwadi-Singer, Bayview Child Health
Center). Dr. Rodriguez also claims that Jose would be in grave
danger if forced to go move to Mexico.
H.R. 823 grants Ms. Castro Ramirez and Mr. Carreno Rojas
permanent residence.
In the modern era, Congress has approved private bills when
an alien suffered a serious illness and could not receive
proper treatment in their home country. For instance:
In the 106th Congress, Congress passed a private bill for
Marina Khalina and her son Albert Mifakhov.\1\ Marina was in
the U.S. with her son on visitor's visas which could no longer
be extended. The son was undergoing medical treatment for
cerebral palsy which was unobtainable in Russia and which he
would need until he became an adult.
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\1\See Priv. L. No. 106-15 (H.R. Rep. No. 106-956).
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In the 106th Congress, Congress passed a private bill for
Jacqueline Salinas and her three children.\2\ One of the
children who had a rare bone cancer had come to the U.S. with
her father from Bolivia (where it could not be treated). St.
Jude's Children's Hospital offered treatment at no cost to the
family. The rest of the family joined them in the U.S. A car
accident resulted in the death of the father, one child, and
the permanent paralysis of Ms. Salinas from the waist down. The
mother, who was pregnant at the time of the accident, gave
birth to a U.S. citizen child. The hospital offered complete
financial support to enable the family to remain in the U.S.
The disability of the surviving parent and the need for ongoing
cancer treatment for the sick child would have caused the
family extreme hardship if they had to return to Bolivia.
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\2\See Priv. L. No. 106-20 (H.R. Rep. No. 106-962).
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There is also precedent in the modern era for the enactment
of private bills when the aliens' U.S. citizen family members
suffered serious illnesses which would be exacerbated if the
aliens were returned home or the U.S. citizens accompanied them
home. A private bill was enacted in the 104th Congress for an
alien who had earlier been deported to Mexico for marriage
fraud.\3\ Before his deportation, he married his second wife in
a legitimate marriage and they had two children. His wife and
one of their children were carriers for Reiter's syndrome, a
severe, disabling, incurable arthritic disease who could be
triggered by an intestinal infection with an organism
widespread in Mexico. Thus, they risked serious illness by
joining him in Mexico. The private bill waived the grounds of
inadmissibility for marriage fraud. The House Report stated
that ``this legislation acknowledges the previously set
precedent in private legislation that separation due to medical
circumstances is viewed . . . as satisfying the standard of
extreme hardship to an American citizen.''
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\3\See Priv. L. No. 104-3 (H.R. Rep. No. 104-810).
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In the 106th Congress, a private bill was enacted granting
permanent residence to an alien whose petition for permanent
residence filed by his U.S. citizen wife had been denied
because of marriage fraud in his first marriage.\4\ The INS
believed this second marriage was valid. The alien's U.S.
citizen wife had been diagnosed with multiple sclerosis and her
doctor indicated that she might rapidly deteriorate as a result
of any type of severe stress.
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\4\See Priv. L. No. 106-13 (H.R. Rep. No. 106-905).
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In the 111th Congress, the Immigration Subcommittee
requested a U.S. Immigration and Customs Enforcement (``ICE'')
report on Ms. Ramirez and Mr. Rojas and ICE provided the
Subcommittee with a report which contained no derogatory
information. On March 10, 2011, the Subcommittee again voted to
request a report on Ms. Castro Ramirez and Mr. Carreno Rojas.
On January 18, 2012, ICE provided the report. It revealed no
derogatory information.
Hearings
The Committee on the Judiciary held no hearings on H.R.
823.
Committee Consideration
On June 28, 2012, the Committee met in open session and
ordered the bill H.R. 823 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. 823.
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. 823, 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, July 5, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed the following legislation ordered reported by the
House Committee on the Judiciary on June 28, 2012:
LH.R. 823, a bill for the relief of Maria
Carmen Castro Ramirez and J. Refugio Carreno Rojas;
LH.R. 824, a bill for the relief of Daniel
Wachira;
LH.R. 316, a bill for the relief of Esther
Karinge;
LH.R. 794, a bill for the relief of Allan
Bolor Kelley;
LH.R. 357, a bill for the relief of Corina de
Chalup Turcinovic; and
LH.R. 1857, a bill for the relief of Bartosz
Kumor.
Those bills would make certain individuals eligible for
permanent U.S. residence and could have a very small effect on
fees collected by the Department of Homeland Security and thus
would affect direct spending. Therefore, pay-as-you-go
procedures apply. CBO estimates, however, that enacting those
pieces of legislation would not have a significant impact on
the federal budget.
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,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
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.
823 grants permanent resident status to Maria Carmen Castro
Ramirez and J. Refugio Carreno Rojas.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 823 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Maria Carmen Castro Ramirez and
J. Refugio Carreno Rojas.
Subsection (a) provides that Maria Carmen Castro Ramirez
and J. Refugio Carreno Rojas shall each 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 the Immigration and Nationality Act (INA) or for
adjustment of status to lawful permanent resident.
Subsection (b) provides that if Ms. Castro Ramirez or Mr.
Carreno Rojas enters the United States before the filing
deadline specified in subsection (d), they shall be considered
to have entered and remained lawfully and shall, if otherwise
eligible, be eligible for adjustment of status under section
245 of the INA as of the date of the enactment of this Act.
Paragraph (1) of subsection (c) provides that Ms. Castro
Ramirez and Mr. Carreno Rojas may not be removed from the
United States, denied admission to the United States, or
considered ineligible for lawful permanent residence in the
United States by reason of any ground for removal or denial of
admission that is reflected in the records of the Department of
Homeland Security or the Visa Office of the Department of State
on the date of the enactment of this Act.
Paragraph (2) of subsection (c) provides that the Secretary
of Homeland Security shall rescind any outstanding order of
removal or deportation, or any finding of inadmissibility or
deportability, that has been entered against Ms. Castro Ramirez
or Mr. Carreno Rojas by reason of any ground described in
paragraph (1).
Subsection (d) provides that 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 2 years after the date of the enactment
of this Act.
Subsection (e) provides that upon the granting of an
immigrant visa or permanent residence to Ms. Castro Ramirez and
Mr. Carreno Rojas, the Secretary of State shall instruct the
proper officer to reduce by 2, during the current or next
following fiscal year, the total number of immigrant visas that
are made available to natives of the country of their birth
under section 203(a) of the INA or, if applicable, the total
number of immigrant visas that are made available to natives of
the country of their birth under section 202(e) of the INA.
Subsection (f) provides that the natural parents, brothers,
and sisters of Ms. Castro Ramirez and Mr. Carreno Rojas shall
not, by virtue of such relationship, be accorded any right,
privilege, or status under the INA.