[House Report 110-741]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-741
======================================================================
FOR THE RELIEF OF ESTHER KARINGE
_______
July 8, 2008.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1485]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1485) for the relief of Esther Karinge, 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......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Agency Views..................................................... 5
Additional Views................................................. 9
Purpose and Summary
H.R. 1485 would make Esther Karinge eligible for adjustment
of her status to that of a permanent resident.
Background and Need for the Legislation
Esther Njeri Karinge was born in Limuru, Kenya on April 24,
1962. She came to the United States on September 30, 1994 and
affirmatively applied for asylum on August 6, 1997. On November
13, 1997, an asylum officer referred her case to an immigration
judge who denied the application, but granted voluntary
departure on March 12, 1998. Esther lost her appeal of that
decision on January 31, 2003.
Since then, however, Esther has been allowed to remain in
the country through official stays of removal, which the
Department of Homeland Security (DHS) has granted annually for
humanitarian reasons. Esther's son, Nicholas, was born in
Cambridge, Massachusetts on December 2, 1995 with multiple
birth defects. He continues to suffer from several severe
physical and mental disabilities, including cerebral palsy,
spastic quadriplegia, hearing loss, and developmental delays.
Upon learning of these birth defects, Nicholas' father
abandoned the family, leaving Esther as Nicholas' only parent
and caretaker.
As a result, Nicholas is completely dependent on Esther for
his survival. He needs continuous medical care and requires
medical management from numerous specialists, including
orthopedists, neurologists, ophthalmologists, audiologists,
otolaryngologists, physical therapists, occupational
therapists, speech therapists, and other professionals.
Nicholas has made significant improvements due to the efforts
of his doctors and care providers, but his doctors believe any
progress will be lost if he were to return to Kenya where such
services are not available to him.
According to his medical doctors, Nicholas' removal to
Kenya or separation from his mother would have serious,
detrimental impacts on his development. Nicholas' doctors state
that he might not survive if he were taken back to Kenya. While
Nicholas has exceeded doctors' expectations with the treatment
he has received in the United States, the treatment he depends
on for survival is not available in Kenya. His doctors also
believe that separating Nicholas from his mother would be
emotionally devastating and potentially life-threatening for
him because of his mental and physiological disabilities. One
of Nicholas' specialists notes that children separated from a
parent in such circumstances often develop ``failure to
thrive'' syndrome, which can include deterioration of physical
and mental development.
As a result of the severity of Nicholas' medical condition,
DHS has granted Esther annual stays of removal since February
13, 2003. Such stays of removal are temporary and
discretionary. H.R. 1485 presents the only option for Esther
and her son to remain permanently in the United States.
Hearings
The Committee on the Judiciary held no hearings on H.R.
1485.
Committee Consideration
On May 8, 2008, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill, H.R. 1485, favorably
reported, without amendment, by voice vote, a quorum being
present. On May 14, 2008, the Committee met in open session and
ordered the bill, H.R. 1485, favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 1485.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives 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(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1485, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1485, a bill for
the relief of Esther Karinge.
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.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 1485--A bill for the relief of Esther Karinge.
H.R. 1485 would make Esther Karinge eligible for permanent
residence in the United States. CBO estimates that enacting
this legislation would have no significant impact on the
Federal budget.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1485 would make Esther Karinge eligible for adjustment of her
status to that of a lawful permanent resident.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII 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.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1485 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 Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent Resident Status for Esther Karinge.
Subsection (a) provides that, notwithstanding subsections (a)
and (b) of section 201 of the Immigration and Nationality Act,
Esther Karinge is eligible for issuance of an immigrant visa or
for adjustment of status to that of an alien lawfully admitted
for permanent residence upon filing an application for issuance
of an immigrant visa under section 204 of such Act or for
adjustment of status to lawful permanent resident.
Subsection (b) provides that if Esther Karinge enters the
United States before the filing deadline specified in
subsection (c), she must be considered to have entered and
remained lawfully and, if otherwise eligible, be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of the enactment of this Act.
Subsection (c) provides that subsections (a) and (b) apply
only if the application for issuance of an immigrant visa or
the application for adjustment of status is filed with
appropriate fees within 2 years after the date of the enactment
of this Act.
Subsection (d) provides that, upon the granting of an
immigrant visa or permanent residence to Esther Karinge, the
Secretary of State must instruct the proper officer to reduce
by 1, during the current or next following fiscal year, the
total number of immigrant visas that are made available to
natives of the country of the alien's birth under section
203(a) of the Immigration and Nationality Act or, if
applicable, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under
section 202(e) of such Act.
Subsection (e) provides that the natural parents, brothers,
and sisters of Esther Karinge must not, by virtue of such
relationship, be accorded any right, privilege, or status under
the Immigration and Nationality Act.
Agency Views
The comments of the Department of Homeland Security on H.R.
1485 are as follows:
Additional Views
Meritorious private bills should either represent unique
and compelling circumstances or fit within private bill
precedent of the modern era (from the 97th Congress onward,
following the ABSCAM private bill scandal).
There is precedent in the modern era for the enactment of
private bills where the aliens' U.S. citizen family members
suffered serious illnesses which would be exacerbated if the
aliens were returned home or the U.S. citizens accompanied them
home. A private bill was enacted in the 104th Congress for an
alien who had earlier been deported to Mexico for marriage
fraud.\1\ Before his deportation, he married his second wife in
a legitimate marriage and they had two children. His wife and
one of their children were carriers for Reiter's syndrome, a
severe, disabling, incurable arthritic disease who could be
triggered by an intestinal infection with an organism
widespread in Mexico. Thus, they risked serious illness by
joining him in Mexico. The private bill waived the grounds of
inadmissibility for marriage fraud. The House Report stated
that ``this legislation acknowledges the previously set
precedent in private legislation that separation due to medical
circumstances is viewed . . . as satisfying the standard of
extreme hardship to an American citizen.''\2\
---------------------------------------------------------------------------
\1\See Priv. L. No. 104-3.
\2\H.R. Rep. No. 104-810, at 2-3.
---------------------------------------------------------------------------
In the 106th Congress, a private bill was enacted granting
permanent residence to an alien whose petition for permanent
residence filed by his U.S. citizen wife had been denied
because of marriage fraud in his first marriage.\3\ The INS
believed this second marriage was valid. The alien's U.S.
citizen wife had been diagnosed with multiple sclerosis and her
doctor indicated that she might rapidly deteriorate as a result
of any type of severe stress.
---------------------------------------------------------------------------
\3\See Priv. L. No. 106-13.
---------------------------------------------------------------------------
A DHS report on Ms. Karinge was received on May 6 and
contained no derogatory information. Because H.R. 1485 fits
within private bill precedent and the DHS report contained no
derogatory information, this is a meritorious private bill.
Lamar Smith.