[House Report 117-238]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {       117-238

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



 
                   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.
---------------------------------------------------------------------------
    \1\See H. Rep. No. 108-530 (2004).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                            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]