[House Report 117-238]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-238
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FOR THE RELIEF OF REBECCA TRIMBLE
_______
February 1, 2022.--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. 681]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 681) for the relief of Rebecca Trimble, 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.......................... 1
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Committee Estimate of Budgetary Effects.......................... 4
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 4
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Purpose and Summary
H.R. 681, ``For the relief of Rebecca Trimble'' would
provide the beneficiary of this private bill with an
opportunity to obtain lawful permanent resident status in the
United States.
Background and Need for the Legislation
A. PERSONAL HISTORY AND IMMIGRATION BACKGROUND
Rebecca Trimble was born in Tecate, Mexico in late August
1989. Three days after Ms. Trimble's birth, her adoptive U.S.
citizen parents drove to the U.S.-Mexico border, and the family
was waved into the United States by immigration officials. Ms.
Trimble grew up in the United States, believing all along that
she was a U.S. citizen. She knows no other country as home. She
settled with her parents in Salem, Oregon, and later moved to
Washington with her mother after her parents divorced. Ms.
Trimble graduated from Hudson's Bay High School in Vancouver,
Washington in 2008.
That same year, having no reason to believe she was not a
U.S. citizen, Ms. Trimble voted in the presidential election.
It was not until 2012--when she applied for and was denied a
REAL ID compliant driver's license--that she learned her birth
certificate was invalid and she was not a U.S. citizen.
In August 2012, Ms. Trimble married her U.S. citizen high
school sweetheart, John Trimble, who later attended dental
school and signed up for a direct commission in the U.S. Army
Reserve through the Medical and Dental School Stipend Program.
Today, along with their two young children, the couple live in
the remote town of Bethel, Alaska, a recognized Health
Professional Shortage Area, where Dr. Trimble provides dental
care at a local clinic.
In October 2015, in an effort to obtain lawful status, Ms.
Trimble requested ``parole in place'' as the spouse of a member
of the Uniformed Services. In February 2016, U.S. Citizenship
and Immigration Services (USCIS) denied the application after
concluding that Ms. Trimble was not an applicant for admission,
as she was previously ``inspected and admitted'' to the United
States when she was waved across the border as a baby.
In December 2016, Ms. Trimble and her husband filed an
immigrant visa petition and application for adjustment of
status with USCIS. Although the immigrant visa petition was
approved, in February 2020, USCIS denied Ms. Trimble's
adjustment of status application on grounds that she had
unlawfully voted in an election and was thus permanently
inadmissible to the United States.
In March 2020, Ms. Trimble requested reconsideration of the
decision and an exemption from the bar for unlawful voting as
the child of U.S. citizens. The request was denied in June 2020
when USCIS concluded that her adoption was invalid. Because
U.S. immigration laws do not recognize the legality of
adoptions that are finalized after the child reaches age 16,
Ms. Trimble has no option for obtaining permanent resident
status.
B. CIRCUMSTANCES SURROUNDING THE ADOPTION
Ms. Trimble's biological mother was 13 years old when Ms.
Trimble was born. Ms. Trimble has had no contact with her
biological mother since her birth, and she is unaware of her
whereabouts. The only parents Ms. Trimble has ever known are
George Ernest Wilson and Pamela Taylor, both U.S. citizens.
Unable to have children of their own, the couple was contacted
by missionary friends in Mexico who were aware of a young girl
who was pregnant and whose baby would need a good home. The
couple traveled to Mexico to meet their soon-to-be daughter's
birth mother and to help pay for her medical expenses.
The Wilsons were told by hospital staff that they only
needed a birth certificate listing them as the baby's parents
to finalize the adoption. They received what they believed to
be a valid Mexican birth certificate. After returning to their
home in Salem, Oregon, Ms. Trimble's parents presented her
birth certificate to the Social Security Administration and
received a social security number in her name. Unaware that her
birth was not formally registered in Mexico, or that she had
not been lawfully adopted, Ms. Trimble grew up believing she
was a U.S. citizen.
C. HOUSE PRECEDENT FOR CONSIDERATION OF PRIVATE
IMMIGRATION BILLS
In the modern era, Congress has enacted private bills on
behalf of individuals like Ms. Trimble. In the 108th Congress,
the President signed into law, a private bill for Richi James
Lesley, who was born in Korea and adopted in Seoul by a
sergeant in the U.S. Air Force and his wife.\1\ After his
adoptive father's untimely death, Mr. Lesley's mother became
unable to care for him and his elder sister. As such, the Air
Force transported Mr. Lesley and his sister to Columbus Air
Force Base for placement with their adoptive father's mother in
the United States. Mr. Lesley resided in the United States with
his grandmother and later, other family and friends, from age
one until he left home to attend college. Mr. Lesley did not
realize that he was not a U.S. citizen until 2000, when
proceedings to deport him were initiated. Having no other
option for obtaining permanent residence, a private bill on Mr.
Lesley's behalf was enacted.
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\1\See H. Rep. No. 108-530 (2004).
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Like Mr. Lesley, until she was in her early twenties, Ms.
Trimble believed that she was a U.S. citizen by virtue of
adoption. Considering these facts and the severe impact that
her removal would have on her U.S. citizen family and her
community in Alaska, the Committee has determined that this
private bill meets the adoption precedent.
Hearings
The Committee on the Judiciary held no hearings on H.R.
681.
Committee Consideration
On September 29, 2021, the Committee met in open session
and ordered the bill, H.R. 681, favorably reported with an
amendment in the nature of a substitute, by a voice vote, a
quorum being present.\2\
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\2\The amendment in the nature of a substitute was offered by
Chairman Nadler to amend the text to reflect the standard private
immigration bill legislative language.
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Committee Votes
In compliance with clause 3(b) of House rule XIII, the
Committee advises that there were no recorded votes during the
Committee's consideration of H.R. 681.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause (3)(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee sets forth,
with respect to the bill, H.R. 681, the following analysis and
estimate prepared by the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 11, 2022.
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 five bills:
H.R. 187, For the relief of Victoria Galindo
Lopez;
H.R. 680, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 681, For the relief of Rebecca Trimble;
H.R. 739, For the relief of Median El-
Moustrah; and
H.R. 785, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso.
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.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On September 29, 2021, the House Committee on the Judiciary
ordered reported five bills that would allow the people named
in each bill to become lawful permanent residents:
H.R. 187, For the relief of Victoria Galindo
Lopez;
H.R. 680, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 681, For the relief of Rebecca Trimble;
H.R. 739, For the relief of Median El-
Moustrah; and
H.R. 785, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso.
Enacting each of those five 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
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 681 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 681 would provide Rebecca Trimble with an
opportunity to obtain lawful permanent resident status in the
United States.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 681
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in 9(d), 9(e),
or 9(f) of House rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Rebecca Trimble.
Subsection (a) provides that Rebecca Trimble shall 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 Rebecca Trimble enters the
United States before the filing deadline specified in
subsection (d), she 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 Rebecca Trimble 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 Rebecca Trimble.
Subsection (d) requires Rebecca Trimble to apply for an
immigrant visa or adjustment of status within two years after
the date of the enactment of this Act.
Subsection (e) provides that upon granting an immigrant
visa or permanent residence to Rebecca Trimble, the Secretary
of State shall reduce by one, the total number of immigrant
visas that are made available to natives of the country of her
birth.
Subsection (f) provides that the natural parents, brothers,
and sisters of Rebecca Trimble shall not, by virtue of such
relationship, be accorded any right, privilege, or status under
the Immigration and Nationality Act.
[all]