[House Report 117-340]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-340
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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FOR THE RELIEF OF MEDIAN EL-MOUSTRAH
_______
June 3, 2022.--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. 739]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 739) for the relief of Median El-Moustrah, 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......................................................... 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. 739, ``For the relief of Median El-Moustrah,'' would
provide the beneficiary of this private bill, Mr. El-Moustrah,
with an opportunity to obtain lawful permanent resident status
in the United States.
Background and Need for the Legislation
A. IMMIGRATION BACKGROUND
Median El-Moustrah was born in Lebanon and has lived in the
United States for nearly 30 years. In 1993, he was granted
conditional permanent residence based on his marriage to Ms.
Patricia Stack, a U.S. citizen. Shortly after obtaining such
status, the couple began having marital problems, separated,
and divorced. Mr. El-Moustrah's petition to remove the
conditions on his permanent residence was denied and he was
placed in removal proceedings. He was ordered removed in 2011,
after an immigration judge determined that he failed to
overcome the statutory presumption that his marriage was not
bona fide. On June 4, 2007, Mr. El-Moustrah married his current
spouse, Ayda Mehri, a U.S. citizen, and became stepfather to
her three U.S. citizen children, who are now grown. Mr. El-
Moustrah is part-owner of a gas station, which serves as the
primary source of income for his household.
On April 26, 2018, Mr. El-Moustrah was scheduled for
removal by Immigration and Customs Enforcement (ICE), but
removal was suspended at the direction of the ICE Field Medical
Coordinator. In November 2019, Mr. El-Moustrah was detained by
ICE, but was released in March 2020 due to his elevated risk of
serious complications resulting from exposure to COVID-19.
Since January 2013, Mr. El-Moustrah has been granted successive
stays of removal, most recently on August 11, 2020, for a
period of six months. He is currently enrolled in a monthly
telephonic check-in program with the ICE Field Office in
Detroit.
B. MEDICAL CONDITIONS
Mr. El-Moustrah suffers from chronic liver disease
(decompensated cirrhosis) due to Hepatitis B, as well numerous
other conditions, including esophageal tears, hypertension,
hyperglycemia, and Type 2 diabetes. He requires regular
testing, monitoring, and treatment for complications from these
conditions and will eventually require a liver transplant. He
also suffers from significant deafness in his left ear and has
a cochlear implant in his right ear to restore lost hearing.
Mr. El-Moustrah has private medical insurance in the United
States that allows him to afford his various medical
treatments. Medical experts confirm that Mr. El-Moustrah should
not fly or depart the United States due to his conditions. The
Chief of Gastroenterology at the Lebanese American University
confirms that a liver transplant is not available in Lebanon,
and that Mr. El-Moustrah's life would be in jeopardy if he is
removed to Lebanon.
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 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 Miftakhov,
the latter of whom had cerebral palsy and would require
lifelong medical treatment that was unavailable in their home
country of Russia.\1\ 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.\2\
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\1\See H.R. Rep. No. 106-956 (2000); See also S. 150, 106th Cong.
(1999).
\2\See H.R. Rep. No. 106-962 (2000); See also S. 1513, 106th Cong.
(1999).
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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.\3\ Requiring Mr. Salas-
Velazquez's wife and child to join him in Mexico would very
likely result in the development of Reiter's syndrome.\4\ In
the 106th Congress, the House also passed a private bill for
Saeed Rezai, whose U.S. citizen wife was stricken with multiple
sclerosis.\5\ Medical professionals indicated that her
condition would likely deteriorate rapidly from the severe
stress resulting from her husband's removal.
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\3\See H.R. Rep. No. 104-810 (1996); See also H.R. 1031, 104th
Cong. (1995).
\4\Id.
\5\See H.R. Rep. No. 106-905 (2000); See also H.R. 5266, 106th
Cong. (2000).
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Similarly, Mr. El-Moustrah and his U.S. citizen wife would
suffer extreme hardship if he were forced to return to his home
country of Lebanon, where he will not have access to the level
of care he receives in the United States to treat his various
conditions. Further, without a liver transplant--which he
ultimately requires, and which is unavailable in Lebanon--Mr.
El-Moustrah's conditions will worsen leading to his death. As
such, the Committee has determined that H.R. 739 meets the
medical condition precedent.
Hearings
The Committee on the Judiciary held no hearings on H.R.
739.
Committee Consideration
On September 29, 2021, the Committee met in open session
and ordered the bill, H.R. 739, favorably reported without an
amendment, by a voice vote, a quorum being present.
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. 739.
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. 739, 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,
Mark P. Hoeller
(For Phillip L. Swagel).
Enclosure.
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. 739 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. 739 would provide Median El-Moustrah 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. 739
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 House Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Median El-Moustrah.
Subsection (a) provides that Median El-Moustrah 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 Median El-Moustrah enters
the United States before the filing deadline specified in
subsection (d), he 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 Median El-Moustrah 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 Median El-
Moustrah.
Subsection (d) requires Median El-Moustrah 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 Median El-Moustrah, the
Secretary of State shall reduce by one, the total number of
immigrant visas that are made available to natives of the
country of his birth.
Subsection (f) provides that the natural parents, brothers,
and sisters of Median El-Moustrah shall not, by virtue of such
relationship, be accorded any right, privilege, or status under
the Immigration and Nationality Act.
Sec. 2. Determination of Budgetary Effects. Provides that
any budgetary effect of this Act for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (PAYGO) shall be
determined by the latest statement submitted for printing in
the Congressional Record by the Chairman of the House Budget
Committee entitled ``Budgetary Effects of PAYGO Legislation''
for this Act.
[all]