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106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-958
======================================================================
FOR THE RELIEF OF SERGIO LOZANO
_______
October 11, 2000.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S. 276]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (S. 276) for the relief of Sergio Lozano, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 1
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform Findings.................... 2
New Budget Authority and Tax Expenditures.................. 2
Congressional Budget Office Cost Estimate.................. 2
Constitutional Authority Statement......................... 3
Agency Views............................................... 3
Purpose and Summary
S. 276 would allow Sergio Lozano to adjust to permanent
resident status.
Background and Need for the Legislation
On January 22, 1997, Sergio and his two siblings from El
Salvador were issued immigrant visas as children of a legal
permanent resident (their mother). Nineteen days later, while
their mother was preparing to bring them to the U.S., she died
due to complications from typhoid fever. Their father's
whereabout were unknown. Shortly thereafter, at the direction
of the children's U.S. citizen grandmother, the three boarded a
flight to the United States. Upon arriving, the immigration
inspectors determined the immigrant visas to be invalid due to
the death of their mother and paroled them into the U.S.
pending an investigation. They have remained in the U.S. since
they arrived, attending school, and living with their
grandmother. Sergio's two siblings were young enough to become
wards of the court and obtain a visa through that avenue.
Sergio has no family to care for him in El Salvador and it
would be an extreme hardship for him to be separated from his
two siblings. Had it not been for his mother's untimely death,
he would now be a permanent resident.
Committee Consideration
On October 11, 2000, the Committee on the Judiciary met in
open session and ordered reported favorably the bill S. 276
without amendment by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the committee reports
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.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI 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(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the bill would have no significant impact on the Federal
budget. This is based on the Congressional Budget Office cost
estimate on S. 276. That Congressional Budget Office cost
estimate follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed 11 private relief acts, which were ordered reported by
the House Committee on the Judiciary on October 11, 2000. CBO
estimates that their enactment would have no significant impact
on the federal budget. These acts could have a very small
effect on fees collected by the Immigration and Naturalization
Service and on benefits paid under certain federal entitlement
programs. Because these fees and expenditures are classified as
direct spending, pay-as-you-go procedures would apply. The act
reviewed is:
LS. 276, an act for the relief of Sergio
Lozano;
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Sincerely,
Dan L. Crippen, Director.
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
Constitutional Authority Statement
Pursuant to rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in article 1, section 8, clause 4 of the
Constitution.
Agency Views
The comments of the Immigration and Naturalization Service
on S. 276 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, August 3, 1999.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
Dear Mr. Chairman: In response to your request to a report
relative to S. 276, for the relief of Sergio Lozano, Fauricio
Lozano, and Ana Mercedes Lozano, enclosed is a memorandum of
information concerning the beneficiaries.
The bill would grant the beneficiaries permanent residence
in the United States as of the date of the enactment of the
Immigration and Nationality Act, upon payment of the required
application processing fee. The bill would also require the
Secretary of State to request the proper visa number deduction
from the beneficiaries native country.
Absent enactment of the bill, the beneficiaries would
continue to have parole or deferred action status until July 1,
2001, at which time they would be eligible for immigrant visa
issuance abroad.
Sincerely,
FOR THE COMMISSIONER
Allen Erenbaum, Director,
Congressional Relations.
Enclosure
cc:
Department of State, Visa Office
Attn: Private Bill Staff
cc:
Western Regional Office--FYI
District Director--Los Angeles, CA
Attn: Investigations--Jeff Hubrich
Memorandum of information from immigration and naturalization service
files re: S. 276
Information concerning this case was obtained from Sergio
Lozano, Fauricio Lozano and Ana Lozano, the beneficiaries.
The beneficiary, Sergio Lozano, a native and citizen of El
Salvador, was born on May 26, 1979. Sergio resides in Los
Angeles, California, with his grandmother and two siblings, and
is currently attending Belmont High School in the 11th grade
pursuing a high school diploma in general studies. On January
22, 1997, he was issued an immigrant visa to permanently reside
in the United States as the child of a legal permanent
resident. On February 11, 1997, the beneficiary's mother and
sponsor passed away while preparing to bring the beneficiary
and his siblings to the United States. On April 2, 1997, after
staying with friends of the family in El Salvador and at the
direction of his United States citizen grandmother, the
beneficiary boarded a flight to the United States and arrived
at Los Angeles International Airport (LAX). At LAX, Immigration
Inspectors discovered the immigrant visa presented by the
beneficiary to be invalid due to the death of the sponsor and
paroled the beneficiary into the United States pending
investigation. Sergio has remained in the United States since
arrival, attending school and residing with his grandmother and
two siblings in Los Angeles, California. The subject is in good
physical and mental health.
The beneficiary, Fauricio Lozano, a native and citizen of
El Salvador, was born on July 26, 1981. Fauricio resides in Los
Angeles, California, with his grandmother and two siblings, and
is currently attending Belmont High School. On January 22,
1997, he was issued an immigrant visa to permanently reside in
the United States as the child of a legal permanent resident.
On February 11, 1997, the beneficiary's mother and sponsor
passed away while preparing to bring the beneficiary and his
siblings to the United States. On April 2, 1997, after staying
with friends of the family in El Salvador and at the direction
of his United States citizen grandmother, the beneficiary
boarded a flight to the United States and arrived at LAX. At
LAX, Immigration Inspectors discovered the immigrant visa
presented by the beneficiary to be invalid due to the death of
the sponsor and paroled the beneficiary into the United States
pending investigation. Fauricio has remained in the United
States since arrival, attending school and residing with his
grandmother and two siblings in Los Angeles, California. The
subject is in good physical and mental health. According to the
Central Index System, on February 11, 1999, Fauricio Lozano was
granted SL6 status. This status is only granted to certain
aliens declared dependent on a juvenile court (special
immigrant juvenile), eligible for long-term foster care. The
determination is made by the juvenile court that family
reunification is no longer a viable option. A child who is
eligible for long-term foster care will normally be expected to
remain in foster care until reaching the age of majority. For
the purpose of establishing and maintaining eligibility for
classification as a special immigrant juvenile, a child who has
been adopted or placed in a guardianship situation after having
been found dependent upon a juvenile court in the United
States, will continue to be considered to be eligible for long-
term foster care. A juvenile court is a court located in the
United States having jurisdiction under State law to make
judicial determinations about the custody and care of
juveniles.
The beneficiary, Ana Lozano, a native and citizen of El
Salvador, was born on March 27, 1983. Ana resides in Los
Angeles, California, with her grandmother and two siblings, and
is currently attending Belmont High School. On January 22,
1997, she was issued an immigrant visa to permanently reside in
the United States as the child of a legal permanent resident.
On February 11, 1997, the beneficiary's mother and sponsor
passed away while preparing to bring the beneficiary and her
siblings to the United States. On April 2, 1997, after staying
with friends of the family in El Salvador and at the direction
of her United States citizen grandmother, the beneficiary
boarded a flight to the United States and arrived at LAX. At
LAX, Immigration Inspectors discovered the immigrant visa
presented by the beneficiary to be invalid due to the death of
the sponsor and paroled the beneficiary into the United States
pending investigation. Ana has remained in the United States
since arrival, attending school and residing with her
grandmother and two siblings in Los Angeles, California.
According to the Central Index System, on February 11, 1999,
Ana Lozano was granted SL6 status. This status is only granted
to certain aliens declared dependent on a juvenile court
(special immigrant juvenile), eligible for long-term foster
care. The determination is made by the juvenile court that
family reunification is no longer a viable option. A child who
is eligible for long-term foster care will normally be expected
to remain in foster care until reaching the age of majority.
For the purpose of establishing and maintaining eligibility for
classification as a special immigrant juvenile, a child who has
been adopted or placed in a guardianship situation after having
been found dependent upon a juvenile court in the United
States, will continue to be considered to be eligible for long-
term foster care. A juvenile court is a court located in the
United States having jurisdiction under State law to make
judicial determinations about the custody and care of
juveniles.
On June 30, 1999, the writer conducted an unannounced
inspection of the home. The writer observed the home to be
untidy, with the kitchen being stocked with normal staples. The
beneficiaries appeared healthy, and well adjusted. The
children's grandmother had been admitted into the hospital. The
children were living alone with Sergio Lozano as the
supervising adult, with monetary and moral support from their
Uncle Francisco Lozano. A background check was conducted for
the beneficiaries and no derogatory information was found.
