[House Report 105-125]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-125
_______________________________________________________________________
FOR THE RELIEF OF HERACLIO TOLLEY
_______________________________________________________________________
June 10, 1997.--Referred to the Committee of the Whole House 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 H.R. 378]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 378) for the relief of Heraclio Tolley, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose and Summary
This legislation would classify the beneficiary as a child
for purposes of approval of a relative visa petition filed by
his adoptive parent and the filing of an application for an
immigrant visa or adjustment of status.
Background and Need for the Legislation
Heraclio and his brother, Florencio, became orphans when
their mother died and their father abandoned them at the ages
of 2 and 4 respectively, leaving them to be raised by their
maternal grandparents in Mexico. Several year later, when their
uncle visited, he learned that the boys were living with little
or no supervision, so he brought them back to the United States
with him and took over full responsibility and care for the
boys. The uncle, who worked for the adopting family, was killed
in an auto accident a year later. At that time, the Tolleys
contacted an adoption attorney and instructed him to start
proceedings for guardianship so that they could become legally
responsible for the boys as well as enroll them in school.
However, because they began guardianship proceedings prior to
adoption proceedings, it set back the completion of the
adoption process 4 months past Heraclio's 16th birthday.
Immigration law requires that in order for an adopted child
to qualify for permanent residence status as a ``child'' of an
American citizen, the child must have been adopted by the age
of 16. The petition for adoption was filed prior to Heraclio
Tolley's sixteenth birthday. Had the Tolleys began adoption
proceedings before the guardianship proceedings, the adoption
would have been finalized before he turned 16.
Hearings
The Committee's Subcommittee on Immigration and Claims held
no hearings on H.R. 378.
Committee Consideration
On March 13, 1997, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 378, by voice vote, a quorum being present.
On May 13, 1997, the Committee on the Judiciary met in open
session and ordered reported favorably the bill H.R. 378, 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 and Oversight 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 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 378, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 16, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Office has prepared
the enclosed cost estimate for H.R. 378, a bill for the relief
of Heraclio Tolley.
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,
June E. O'Neill, Director.
Enclosure.
H.R. 378, A bill for the relief of Heraclio Tolley
CBO estimates that enacting this legislation would have no
significant impact on the federal budget. H.R. 378 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures do not apply. This bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act of 1995 and would impose no costs
on state, local, or tribal governments.
H.R. 378 would classify Heraclio Tolley, who is 18 years of
age, as a child for the purposes of a petition for an immigrant
visa or for adjustment of status to permanent residence. This
bill would not provide any special preference for Mr. Tolley
and would not affect the total level of immigration. Thus,
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
Paul N. Van de Water, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to Rule XI, claus 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 10 of the
Constitution.
Agency Views
The comments of the Immigration and Naturalization Service
on H.R. 2346, the bill's predecessor in the 104th Congress, are
as follows:
Department Justice,
Iimmigration and Naturalization Service,
Washington, DC, October 10, 1996.
Hon. Henry Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: In response to your request for a report
relative to H.R. 2346 for the relief of Heraclio Tolley, there
is enclosed a memorandum of information concerning the
beneficiary.
The bill would provide that the 19 year old adopted son of
Dawn and Daniel Tolley may be classified as a child under
Section 101(b)(1)(E) of the Immigration and Nationality Act
(Act). The bill further provides that the natural parents,
brothers or sisters of the beneficiary shall not, by virtue of
such relationship, be accorded any right, privilege, or status
under the Act. The bill further requires payment of the
required visa fees and the proper visa number deduction.
Absent enactment of the bill, the beneficiary, a native and
citizen of Mexico, appears to be ineligible for permanent
residence until such time as his brother, Florencio, obtains
United States citizenship and meets the other requirements to
petition for him.
Sincerely,
Pamela Barry, Executive Director,
Congressional and Intergovernmental Relations.
Enclosure.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: H.R. 2346
Information concerning this case was obtained from the
beneficiary, Heraclio Tolley, and the interested parties, Mr.
and Mrs. Daniel Lloyd Tolley.
The beneficiary, Heraclio Tolley a native and citizen of
Mexico was born October 16, 1977. The beneficiary entered the
United States with his uncle, Cleso Martinez-Rivera, and his
younger brother, Florencio, on January 14, 1992 near the port
of entry at San Ysirdo, California. They all entered without
inspection
The beneficiary and Florencio were brought to the United
States by their uncle due to a complete collapse of their
immediate family structure. The beneficiary's mother, Viviana
Martinez died in July 1982. At about the same time the boys
were abandoned by their father, Juventino Mendez. Their uncle,
Cleso Martinez, visited the family and learned of the boys
predicament. Heraclio, at age fourteen, had moved to Guanajuato
and was picking vegetables. Florencio was living with aged
grandparents, but was rarely home. Neither of the boys was
attending school.
After their arrival in the United States the two brothers
lived with and were supported by Mr. Martinez in El Cajon/
Lakeside California. Mr. Martinez was, at that time, employed
as a construction worker by the Weingarten Fletcher Group. His
foreman was Daniel Lloyd Tolley. The interested parties had
known Heraclio and Florencio since shortly after their arrival
in the United States. On January 27, 1993, Mr. Martinez was
involved in an automobile accident which resulted in his death
and serious injury to the beneficiary.
The interested parties then decided to adopt Heraclio and
Florencio, as they had no family capable of caring for them in
the United States or Mexico. Mr. and Mrs. Tolley initially
became legal guardians of Heraclio and Florencio. On February
18, 1994, the final adoption decree was awarded, making the
Tolleys the legal adoptive parents. However, this occurred four
months after Heraclio's sixteenth birthday, negating his
eligibility to immigrate. Florencio, because of his age, was
allowed to immigrate and is now pursuing United States
citizenship. It is the Tolleys' desire that the two brothers be
allowed to live together.
Daniel Lloyd Tolley was born on June 29, 1957 in the United
States. Dawn Ann Tolley was born on May 4, 1948 in the United
States. They were married in 1989. Mrs. Tolley has 2 daughters
from a previous marriage. Mr. Tolley has no other children in
addition to Heraclio and Florencio.
Heraclio Tolley is a graduate of Valhalla High School in El
Cajon, California and is currently attending Community College,
he is not currently employed. Mr. and Mrs. Tolley are both
employed and have a combined annual income of approximately
$75,000. Heraclio and his brother are financially supported by
the Tolleys.