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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
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
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
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
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
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
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
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
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
Dan L. Crippen, Director.
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
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
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.
FOR THE COMMISSIONER
Gerri Ratliff, Acting Director,
Department of State--Private Bill Staff
District Director--Los Angeles, CA
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
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
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.