[House Report 117-341]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-341
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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FOR THE RELIEF OF MARIA ISABEL BUESO BARRERA, ALBERTO BUESO MENDOZA,
AND KARLA MARIA BARRERA DE BUESO
_______
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. 785]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 785) for the relief of Maria Isabel Bueso Barrera,
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso, 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.......................... 3
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 4
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Purpose and Summary
H.R. 785, ``For the relief of Maria Isabel Bueso Barrera,
Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso'' 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 abruptly announced that it would no longer consider
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 September 9, 2021, the family was granted deferred
action until September 6, 2023.
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\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.
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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 Maria
Isabel will likely die in weeks if she is forced to return
there. As such, the family requires a permanent solution to
remain in the United States.
Maria Isabel's father, Alberto Bueso Mendoza, has been
employed 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 Miftakhov,
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\
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\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).
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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.\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.
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\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).
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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. 785 meets the
medical condition precedent.
Hearings
The Committee on the Judiciary held no hearings on H.R.
785.
Committee Consideration
On September 29, 2021, the Committee met in open session
and ordered the bill, H.R. 785, 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. 785.
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. 187, 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. 785 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. 785 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 House rule XXI, H.R. 785
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 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.
Sec. 2. Determination of Budgetary Effects. This section
provides that any budgetary effect for 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 the Congressional Record by the Chairman of the House
Budget Committee entitled ``Budgetary Effects of PAYGO
Legislation'' for this Act.
[all]