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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-964

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



 
                      FOR THE RELIEF OF TONY LARA

                                _______
                                

 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. 2002]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (S. 2002) for the relief of Tony Lara, 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. 2002 would allow Tony Lara to adjust to permanent 
resident status.

                Background and Need for the Legislation

    Tony Lara was born in El Salvador in February 1980. In 
1990, Tony and his sister were brought to the United States by 
their parents. That same year, Tony's mother was deported back 
to El Salvador. She died in a drowning accident while trying to 
reenter the United States. In 1991, Tony's father began using 
drugs and essentially abandoned his two children. At age 11, 
Tony became a surrogate father to his younger sister. After 
several drug arrests, the father was deported in 1994.
    Tony and his sister were taken in by an uncle, who 
neglected them. Neighbors of the uncle, the Brackens, 
subsequently took the children in to live with them. The 
Brackens eventually adopted Tony's younger sister, but could 
not afford to pursue adoption of both children. At age 16, 
Tony's wrestling coach, Terrance Fischer, invited him to move 
in with him and his wife. Tony eventually became a California 
high school wrestling champion, and since high school has won 
many other wrestling championships.
    During the last 6 years, Tony made attempts to find out how 
to secure permanent residency. However, he was told that if the 
authorities knew of his immigration status or the fact that he 
had no parents in the United States, he would be deported and 
separated forever from his sister. Unfortunately, he was given 
incorrect advice. If Tony had become a ward of the court before 
age 16, he could have filed a special immigrant visa petition 
and obtained legal status.
    Tony has had no contact with his father since his 
deportation in 1994, and his mother is deceased. He has lived 
with Mr. Fischer and his family since 1997, maintains contact 
with his sister, and has maintained no ties with anyone in El 
Salvador.

                        Committee Consideration

    On October 11, 2000, the Committee on the Judiciary met in 
open session and ordered reported favorably the bill S. 2002 
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. 2002. 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. 2002, an act for the relief of Tony Lara;

    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. 2002 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                    Washington, DC, Month 00, 2000.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
    Dear Mr. Chairman: In reference to your request for a 
report relative to S. 2002, for the relief of Tony Lara, whose 
correct name is Gerardo Antonio Lara-Romero, attached is a 
Memorandum of Information regarding the beneficiary.
    The bill would grant the beneficiary permanent residence in 
the United States as of the date of its enactment , upon 
payment of the required visa fee. The bill would also direct 
the proper visa number deduction from the beneficiary's native 
country.
    The Subcommittee may wish to amend the bill under section 
``(d)'' to replace ``Guy Taylor'' with ``Tony Lara'' as Guy 
Taylor is the beneficiary of S. 2000.
            Sincerely,
                                       FOR THE COMMISSIONER
                            Gerri Ratliff, Acting Director,
                                   Congressional Relations.

Enclosure

cc:
        Department of State--Private Bill Staff
        District Director--Los Angeles, CA
        Investigations--Craig Porter

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                           FILES RE: S. 2000

    Information concerning this case was obtained from Mr. 
Terrence Lee Fisher and Mrs. Holly Maxine Welch, the interested 
parties, and also the Gerardo Antonio Lara-Romero, the 
beneficiary.
    The beneficiary, Tony Lara, whose correct name is Gerardo 
Antonio Lara-Romero, A77 302 695, a native and citizen of El 
Salvador, was born on February 25, 1980. He is unmarried and 
currently resides in Northridge, California with Mr. Terrence 
Lee Fischer and Mrs. Holy Maxine Welch, who are married and 
also the interest parties. The beneficiary has resided with the 
interested parties since March 1997. The beneficiary graduated 
from El Camino Real High School in 1998 and from the West 
Valley Occupational Center in June 2000.
    The beneficiary entered the United States on March 15, 
1990, near San Ysidro, California without inspection. He joined 
his father, Gerardo Menjivar Lara, and his mother, Olga Estela 
Romero Navidad, both citizens of El-Salvador, who were residing 
in Los Angeles, California. He mother was deported later that 
year and drowned trying to return to the United States. His 
father was deported, the beneficiary lived with various friends 
and relatives until the interested parties invited him to live 
with them. The beneficiary met the interested parties as Mr. 
Fischer was his high school Wrestling Coach. The beneficiary 
has a brother and sister who resides in El Salvador. He also 
has a sister, Olga, who is legally adopted by a United States 
citizen family who are neighbors of the interested parties, and 
who are in the process of filing an application for Olga to 
become a lawful permanent resident.
    The interested party, Terrence Lee Fischer, a native and 
citizen of the United States, was born on October 10, 1953, in 
Santa Monica, California. He is married to Mrs. Holly Maxine 
Welch, and resides with her and the beneficiary in Northridge, 
California. Mr. Fisher obtained a college degree from 
California State University in 1975. He is currently employed 
as a Wrestling Coach at El Camino Real High School and has 
worked for the Los Angeles United School District since 1990, 
with an income of about $72,000 a year.
    The interested party, Holly Maxine Welch, a native and 
citizen of the United States, was born on December 4, 1949, in 
St. Charles, Illinois. She is married to Mr. Terrence Lee 
Fischer and resides with him and the beneficiary in Northridge, 
California. Mrs. Welch obtained a college degree from the 
University of Illinois in 1972. She is currently employed as a 
Story Analyst at Paramount Pictures and has worked for him for 
the past 18 years, with a current income of about $60,000 a 
year.
    The interested parties claim combined assets in the amount 
of about $16,000 in personal property, and about $136 in IRA's 
and retirement plans. They have liabilities of about $36,500 of 
credit card debt. Mr. Fischer and Mrs. Welch have a combined 
total yearly income of about $132,000.
    The interested parties indicated they would like to assist 
the beneficiary in becoming a lawful permanent resident so that 
he can accomplish his goal of becoming a Wrestling Coach and a 
Physical Education Teacher.
    Fingerprint checks for the beneficiary through the Federal 
Bureau of Investigation were conducted with negative results, 
however, fingerprints checks for the interested parties are 
pending at this time.