[House Report 107-729]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-729
======================================================================
FOR THE RELIEF OF SO HYUN JUN
_______
October 8, 2002.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3758]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3758) for the relief of So Hyun Jun, 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.......................... 1
Hearings......................................................... 2
Committee Consideration.......................................... 2
Vote of the Committee............................................ 2
Committee Oversight Findings..................................... 2
Performance Goals and Objectives................................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Constitutional Authority Statement............................... 3
Section-by-Section Analysis and Discussion....................... 4
Agency Views..................................................... 4
Markup Transcript................................................ 7
Purpose and Summary
H.R. 3758 would allow So Hyun Jun to become a permanent
resident of the United States.
Background and Need for the Legislation
So Hyun Jun is a 17 year old from South Korea. So Hyun
Jun's mother was permanently injured in a car accident in 1995
and was unable to provide care for So Hyun Jun. So Hyun Jun's
father, who had a history of alcohol dependency, had also been
both physically and mentally abusive to So Hyun Jun. Due to the
abuse, So Hyun Jun's social and educational development had
been severely impeded. Her aunt and uncle, John and Ok Sun
Thornton, and Hyun Jun's mother agreed that the best thing for
the child would be for the Thornton's to adopt her. The
Thortons began their attempt to adopt the child. However, their
efforts were thwarted for several years because So Hyun Jun's
father disappeared and they could not proceed without his
consent.
In February 2000, So Hyun Jun first came to the United
States to live with her aunt and uncle. In August 2000, formal
adoption proceedings began after all the necessary documents
had been collected and both So Hyun Jun's natural parents had
officially relinquished their parental rights. The adoption was
finalized on March 6, 2001. Unfortunately, that finalization
date fell almost 6 months after So Hyun Jun's 16th birthday.
In order for an adoptee to lawfully immigrate to the United
States, the immigration law requires an adoption to have
occurred prior to the age of 16. Because So Hyun Jun's adoption
was not completed until after her 16th birthday, she would need
a private bill in order to gain permanent residence.
The precedent concerning adoption cases is well-
established. Precedent dictates that in order for favorable
consideration of a private bill that allows an adoption to be
considered legitimate for immigration purposes, the adoption
must have been initiated prior to the child's turning 16 and
must be finalized.
It is clear from the documentation provided to the
Subcommittee on Immigration, Border Security and Claims that
the Thornton's were actively proceeding with the adoption prior
to So Hyun Jun's 16th birthday.
Hearings
There were no hearings held on H.R. 3758.
Committee Consideration
On September 25, 2001, the Subcommittee on Immigration,
Border Security and Claims met in open session and ordered
favorably reported the bill H.R. 3758, by voice vote a quorum
being present. On October 2, 2002, the Committee on the
Judiciary met in open session and ordered reported favorably
the bill H.R. 3758 without amendment by voice vote, a quorum
being present.
Votes of the Committee
There were no recorded votes taken on H.R. 3758.
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.
Performance Goals and Objectives
H.R. 3758 allows the beneficiary to become a permanent
resident of the United States.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII 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. 3758, 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, October 3, 2002.
Hon. F. James Sensenbrenner, 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. 3758, a bill for
the relief of So Hyun Jun.
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,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3758--A bill for the relief of So Hyun Jun.
H.R. 3758 would classify So Hyun Jun as a child for
purposes of obtaining permanent resident status under the
Immigration and Nationality Act. That classification would make
it easier for her to obtain an immigrant visa. CBO estimates
that enacting this legislation would have no significant impact
on the Federal budget. H.R. 3758 could have a very small effect
on fees collected by the Immigration and Naturalization
Service. Such fees are classified as direct spending.
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, Deputy Assistant Director for Budget
Analysis.
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.
Section-by-Section Analysis and Discussion
SECTION 1. IMMEDIATE RELATIVE STATUS FOR SO HYUN JUN
Section 1(a) states that So Hyun Jun is to be classified as
a child under the immigration law in reference to approval of a
relative petition filed by her adoptive parent and a filing for
adjustment of her status.
Section 1(b) states that if So Hyun Jun enters the United
States before the 2 year deadline under the bill, she will be
considered to have entered legally and be eligible to adjust
her status under section 245 of the immigration law on the date
of enactment.
Section 1(c) states that subsections (a) and (b) will only
apply if the application for an immigrant visa or adjustment of
status is filed with appropriate fees within 2 years of the
date of enactment.
Section 1(d) indicates that once the beneficiary receives
either an immigrant visa or permanent residence, the Secretary
of State is required to reduce by 1 the number of immigrant
visas that year or the next of the country of the beneficiary's
birth.
Section 1(e) indicates that the natural parents, brothers,
and sisters of So Hyun Jun will not have any right, privilege
or status under the immigration law because of their
relationship with So Hyun Jun.
SECTION 2. ELIGIBILITY FOR CITIZENSHIP
Section 2 states that for purposes of the Child Citizenship
Act of 2000, So Hyun Jun shall be considered an adopted child
under the immigration law.
Agency Views
The comments of the Immigration and Naturalization Service
on H.R. 3758 are as follows:
Markup Transcript
BUSINESS MEETING
WEDNESDAY, OCTOBER 2, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:57 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
The first item on the agenda will be H.R. 3758, a private
bill for the relief of So Hyun Jun.
[The bill, H.R. 3758, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Pennsylvania, Mr. Gekas, Chairman of the Subcommittee, for
a motion.
Mr. Gekas. I thank the Chair.
Mr. Chairman, the Subcommittee on Immigration, Border
Security, and Claims reports favorably the bill H.R. 3758 and
moves its favorable recommendation to the full House.
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point.
Without objection, opening statements will be placed in the
record.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas
Mr. Chairman, I support this private relief bill for So Hyun Jun a
17 year old from South Korea. So Hyun Jun's mother was permanently
injured in a car accident in 1995 and was unable to provide care for So
Hyun Jun. So Hyun Jun's father, who had a history of alcohol
dependency, had also been both physically and mentally abusive to So
Hyun Jun. Due to the abuse, So Hyun Jun's social and educational
development had been severely impeded. Her aunt and uncle, John and Ok
Sun Thornton, and Hyun Jun's mother agreed that the best thing for the
child would be for the Thornton's to adopt her. The Thortons began
their attempt to adopt the child. However, their efforts were thwarted
for several years because So Hyun Jun's father disappeared and they
could not proceed without his consent.
In February 2000, So Hyun Jun first came to the United States to
live with her aunt and uncle. In August 2000, formal adoption
proceedings began after all the necessary documents had been collected
and both So Hyun Jun's natural parents had officially relinquished
their parental rights. The adoption was finalized on March 6, 2001.
Unfortunately, that finalization date fell almost six months after So
Hyun Jun's 16th birthday.
In order for an adoptee to lawfully immigrate to the United States,
the immigration law requires an adoption to have occurred prior to the
age of 16. Because So Hyun Jun's adoption was not completed until after
her 16th birthday, she would need a private bill in order to gain
permanent residence.
The precedent concerning adoption cases is well-established.
Precedent dictates that in order for favorable consideration of a
private bill that allows an adoption to be considered legitimate for
immigration purposes, the adoption must have been initiated prior to
the child's turning 16 and must be finalized.
It is clear from the documentation provided to the Subcommittee
that the Thornton's were actively proceeding with the adoption prior to
So Hyun Jun's 16th birthday. Mr. Chairman I support this legislation.
Are there amendments? If there are no amendments, a
reporting quorum is not present. Without objection, the
previous question is ordered on reporting the bill favorably,
and that vote will be taken as soon as a reporting quorum shows
up.
[Intervening business.]
The Chair notes the presence of a reporting quorum. We will
go to the private bill, report that out.
The Committee now returns to the pending unfinished
business on which the previous question was ordered on
reporting the bill H.R. 3758 favorably. Those in favor will
signify by saying aye? Opposed, no?
The ayes appear to have it. The ayes have it and the bill
is reported favorably.