[House Report 116-596]
[From the U.S. Government Publishing Office]


116th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 116-596

======================================================================



 
 FOR THE RELIEF OF MARIA ISABEL BUESO BARRERA, ALBERTO BUESO MENDOZA, 
       KARLA MARIA BARRERA DE BUESO, AND ANA LUCIA BUESO BARRERA

                                _______
                                

November 18, 2020.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4225]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4225) for the relief of Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, Karla Maria Barrera De Bueso, and Ana 
Lucia Bueso Barrera, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     6
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. PERMANENT RESIDENT STATUS FOR MARIA ISABEL BUESO BARRERA, 
                    ALBERTO BUESO MENDOZA, AND KARLA MARIA BARRERA DE 
                    BUESO.

  (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso 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 such Act or for adjustment of status to lawful permanent 
resident.
  (b) Adjustment of Status.--If Maria Isabel Bueso Barrera, Alberto 
Bueso Mendoza, or Karla Maria Barrera De Bueso enters the United States 
before the filing deadline specified in subsection (d), he or she 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 Immigration and Nationality Act as of the date of the 
enactment of this Act.
  (c) Waiver of Grounds for Removal or Denial of Admission.--
          (1) In general.--Notwithstanding sections 212(a) and 237(a) 
        of the Immigration and Nationality Act, Maria Isabel Bueso 
        Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De 
        Bueso 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.
          (2) Rescission of outstanding order of removal.--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 
        Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, or Karla 
        Maria Barrera De Bueso by reason of any ground described in 
        paragraph (1).
  (d) Deadline for Application and Payment of Fees.--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.
  (e) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso, the Secretary 
of State shall instruct the proper officer to reduce by 3, 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 aliens' 
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 aliens' birth under section 
202(e) of such Act.
  (f) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Maria Isabel 
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso 
shall not, by virtue of such relationship, be accorded any right, 
privilege, or status under the Immigration and Nationality Act.

                          Purpose and Summary

    H.R. 4225, ``For the relief of Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, Karla Maria Barrera De Bueso, and Ana 
Lucia Bueso Barrera'' would provide the beneficiaries of this 
private bill with an opportunity to obtain lawful permanent 
resident status in the United States.

                Background and Need for the Legislation


                       A. IMMIGRATION BACKGROUND

    In 2004, the Bueso family arrived in the United States from 
Guatemala on B-2 visitor visas so that Maria Isabel could 
participate in a clinical trial and receive treatment for a 
rare medical disorder, mucopolysaccharidosis type VI (MPS VI). 
The family maintained lawful nonimmigrant status in the United 
States through August 2009, at which time they were granted 
deferred action by U.S. Citizenship and Immigration Services 
(USCIS), based on Maria Isabel's medical condition. USCIS 
extended the family's deferred action until August 13, 2019, 
when it denied their request, claiming that it no longer 
considers deferred action requests except those involving 
members of the U.S. military and their families. On September 
2, 2019, USCIS announced that it would reopen and reconsider 
non-military deferred action requests that were pending on 
August 7, 2020.\1\ On December 6, 2019, the family was granted 
deferred action until August 13, 2021.
---------------------------------------------------------------------------
    \1\U.S. Citizenship and Immigration Services Alert: USCIS Re-Opens 
Previously Pending Deferral Requests (Sep. 2, 2019), https://
www.uscis.gov/news/alerts/uscis-re-opens-previously-pending-deferral-
requests.
---------------------------------------------------------------------------

                          B. MEDICAL CONDITION

    Maria Isabel Bueso Barrera has a rare genetic disorder, MPS 
VI, a life-threatening condition that causes dwarfism, 
blindness, hearing impairment, spinal cord compression, and 
bone abnormalities. Most people with MPS VI die before age 20. 
The treatment tested in the clinical trial in which Maria 
Isabel participated was ultimately approved by the Federal Drug 
Administration, and the Bueso family has remained in the United 
States so that Maria Isabel can continue receiving it. The Pan-
American Health Organization and Maria Isabel's doctors confirm 
that the treatment is not available in Guatemala and if Maria 
Isabel is forced to return there, she will likely die within 
weeks. As such, a solution for the family to remain in the 
United States permanently is required.
    Maria Isabel's father, Alberto Bueso Mendoza, has been 
employed as a Sales Director for Otis McAllister since 2007 and 
provides the necessary financial support for the family. Maria 
Isabel's mother, Karla Maria Barrera De Bueso, is her 
daughter's full-time caregiver. The family has private 
insurance coverage to pay for Maria Isabel's treatment. Despite 
her physical limitations, Maria Isabel earned a Bachelor of 
Arts in Sociology, graduating Summa Cum Laude in 2018 from 
California State University, East Bay.

   C. HOUSE PRECEDENT FOR CONSIDERATION OF PRIVATE IMMIGRATION BILLS

    In the modern era, Congress has passed numerous private 
bills for similarly situated individuals, including in cases 
where the beneficiary, or the U.S. citizen spouse or child of a 
beneficiary, suffered from a serious illness or medical 
condition and could not receive proper treatment in the 
beneficiary's home country.
    For example, in the 106th Congress, the House passed a 
private bill for Marina Khalina and her son Albert Kifakov, the 
latter of whom had cerebral palsy and would require lifelong 
medical treatment that was unavailable in their home country of 
Russia.\2\ Also in the 106th Congress, the House passed a 
private bill for the relief of Jacqueline Salinas--who was 
paralyzed from the waist down--and her children, one of whom 
was afflicted with bone cancer.\3\
---------------------------------------------------------------------------
    \2\See H.R. Rep. No. 106-956 (2000); See also S.150, 106th Cong. 
(1999).
    \3\See H.R. Rep. No. 106-962 (2000); See also S.1513, 106th Cong. 
(1999).
---------------------------------------------------------------------------
    In the 104th Congress, the House passed a private bill for 
Oscar Salas-Velazquez, whose U.S. citizen child and wife were 
carriers of an antigen that predisposes them to developing 
Reiter's syndrome--a severe, disabling, incurable arthritic 
disease which can be triggered by an intestinal infection from 
organisms widespread in Mexico.\4\ Requiring Mr. Salas-
Velazquez's wife and child to join him in Mexico would very 
likely result in the development of Reiter's syndrome.\5\ In 
the 106th Congress, the House also passed a private bill for 
Saeed Rezai, whose U.S. citizen wife was stricken with multiple 
sclerosis.\6\ Medical professionals indicated that her 
condition would likely deteriorate rapidly from the severe 
stress resulting from her husband's removal.
---------------------------------------------------------------------------
    \4\See H.R. Rep. No. 104-810 (1996); See also H.R. 1031, 104th 
Cong. (1995).
    \5\Id.
    \6\See H.R. Rep. No. 106-905 (2000); See also H.R. 5266, 106th 
Cong. (2000).
---------------------------------------------------------------------------
    Similarly, the specialized treatment that Maria Isabel 
receives in the United States to manage and treat her MPS VI is 
unavailable in her home country of Guatemala. Without such 
treatment, doctors have confirmed that her condition would 
rapidly deteriorate, and she would likely die within weeks. As 
such, the Committee has determined that H.R. 4225 meets the 
medical condition precedent.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
4225.

                        Committee Consideration

    On September 9, 2020, the Committee met in open session and 
ordered the bill, H.R. 4225, favorably reported with an 
amendment in the nature of a substitute, by a voice vote, a 
quorum being present.\7\
---------------------------------------------------------------------------
    \7\The amendment in the nature of a substitute was offered by 
Chairman Nadler to remove Ana Lucia Bueso Barrera as a named 
beneficiary of the bill, as she no longer requires the relief that this 
bill would provide.
---------------------------------------------------------------------------

                            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. 4225.

                      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. 4225, 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, September 22, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for these four bills:
     H.R. 631, For the relief of Arpita Kurdekar, 
Girish Kurdekar, and Vandana Kurdekar;
     H.R. 4225, For the relief of Maria Isabel Bueso 
Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De 
Bueso;
     H.R. 7146, For the relief of Victoria Galindo 
Lopez; and
     H.R. 7572, For the relief of Median El-Moustrah.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David 
Rafferty.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
cc:
        Honorable Doug Collins
        Ranking Member

Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    On September 9, 2020, the House Committee on the Judiciary 
ordered reported four bills that would allow the people named 
in each bill to become lawful permanent residents:
           H.R. 631, For the relief of Arpita Kurdekar, 
        Girish Kurdekar, and Vandana Kurdekar;
           H.R. 4225, For the relief of Maria Isabel 
        Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria 
        Barrera De Bueso;
           H.R. 7146, For the relief of Victoria 
        Galindo Lopez; and
           H.R. 7572, For the relief of Median El-
        Moustrah.
    Enacting each of those four bills could increase direct 
spending and reduce revenues because lawful permanent residents 
are eligible for certain federal benefits, such as Medicaid and 
premium tax credits for health insurance purchased through the 
marketplaces established by the Affordable Care Act, if they 
otherwise meet the eligibility requirements for those benefits. 
CBO estimates that those effects would not be significant 
because of the small number of people who would be affected by 
each bill.
    The CBO staff contact for this estimate is David Rafferty. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 4225 establishes or reauthorizes a 
program of the federal government known to be duplicative of 
another federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                    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. 
4225 would provide Maria Isabel Bueso Barrera, Alberto Bueso 
Mendoza, and Karla Maria Barrera De Bueso with an opportunity 
to obtain lawful permanent resident status in the United 
States.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 4225 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 Isabel Bueso 
Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera de 
Bueso. Subsection (a) provides that Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso shall 
each be eligible for issuance of an immigrant visa or for 
adjustment of status to lawful permanent residence upon filing 
the appropriate application.
    Subsection (b) provides that if Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, or Karla Maria Barrera De Bueso enters 
the United States before the filing deadline specified in 
subsection (d), they shall be considered to have entered and 
remained lawfully and shall be eligible for adjustment of 
status as of the date of the enactment of this Act.
    Subsection (c)(1) provides that Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso may not 
be removed from the United States, denied admission, or 
considered ineligible for lawful permanent residence by reason 
of any ground for removal or inadmissibility that is reflected 
in the records of the Department of Homeland Security or the 
Department of State as of the date of the enactment of this 
Act.
    Subsection (c)(2) provides that the Secretary of Homeland 
Security shall rescind any outstanding orders of removal or 
deportation, or any finding of inadmissibility or 
deportability, that has been entered against Maria Isabel Bueso 
Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De 
Bueso.
    Subsection (d) requires Maria Isabel Bueso Barrera, Alberto 
Bueso Mendoza, and Karla Maria Barrera De Bueso to apply for an 
immigrant visa or adjustment of status within 2 years after the 
date of the enactment of this Act.
    Subsection (e) provides that upon granting an immigrant 
visa or permanent residence to Maria Isabel Bueso Barrera, 
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso, the 
Secretary of State shall reduce by three, the total number of 
immigrant visas that are made available to natives of the 
country of their birth.
    Subsection (f) provides that the natural parents, brothers, 
and sisters of Maria Isabel Bueso Barrera, Alberto Bueso 
Mendoza, and Karla Maria Barrera De Bueso shall not, by virtue 
of such relationship, be accorded any right, privilege, or 
status under the Immigration and Nationality Act.