[House Report 116-598]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-598
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FOR THE RELIEF OF MEDIAN EL-MOUSTRAH
_______
November 18, 2020.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 7572]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 7572) for the relief of Median El-Moustrah, 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......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Purpose and Summary
H.R. 7572, ``For the relief of Median El-Moustrah,'' would
provide the beneficiary of this private bill, Mr. El-Moustrah,
with an opportunity to obtain lawful permanent resident status
in the United States.
Background and Need for the Legislation
A. IMMIGRATION BACKGROUND
Median El-Moustrah was born in Lebanon and has lived in the
United States for nearly 30 years. In 1993, he was granted
conditional permanent residence based on his marriage to Ms.
Patricia Stack, a U.S. citizen. Shortly after obtaining such
status, the couple began having marital problems, separated,
and divorced. Mr. El-Moustrah's petition to remove the
conditions on his permanent residence was denied and he was
placed in removal proceedings. He was ordered removed in 2011,
after an immigration judge determined that he failed to
overcome the statutory presumption that his marriage was not
bona fide. On June 4, 2007, Mr. El-Moustrah married his current
spouse, Ayda Mehri, a U.S. citizen, and became stepfather to
her three U.S. citizen children, who are now grown. Mr. El-
Moustrah is part-owner of a gas station, which serves as the
primary source of income for his household.
On April 26, 2018, Mr. El-Moustrah was scheduled for
removal by Immigration and Customs Enforcement (ICE), but
removal was suspended at the direction of the ICE Field Medical
Coordinator. In November 2019, Mr. El-Moustrah was detained by
ICE, but was released in March 2020 due to his elevated risk of
serious complications resulting from exposure to COVID-19.
Since January 2013, Mr. El-Moustrah has been granted successive
stays of removal, most recently on August 11, 2020, for a
period of six months.
B. MEDICAL CONDITIONS
Mr. El-Moustrah suffers from chronic liver disease
(decompensated cirrhosis) due to Hepatitis B, as well numerous
other conditions, including esophageal tears, hypertension,
hyperglycemia, and Type 2 diabetes. He requires regular
testing, monitoring, and treatment for complications from these
conditions and will eventually require a liver transplant. He
also suffers from significant deafness in his left ear and has
a cochlear implant in his right ear to restore lost hearing.
Mr. El-Moustrah has private medical insurance in the United
States that allows him to afford his various medical
treatments. Medical experts confirm that Mr. El-Moustrah should
not fly or depart the United States due to his conditions. The
Chief of Gastroenterology at the Lebanese American University
confirms that a liver transplant is not available in Lebanon,
and that Mr. El-Moustrah's life would be in jeopardy if he is
removed to Lebanon.
C. HOUSE PRECEDENT FOR CONSIDERATION OF PRIVATE IMMIGRATION BILLS
In the modern era, Congress has passed numerous private
bills for similarly situated individuals, including in cases
where the beneficiary, or the U.S. citizen spouse or child of a
beneficiary, suffered from a serious illness and could not
receive proper treatment in the beneficiary's home country.
For example, in the 106th Congress, the House passed a
private bill for Marina Khalina and her son Albert Kifakov, the
latter of whom had cerebral palsy and would require lifelong
medical treatment that was unavailable in their home country of
Russia.\1\ Also in the 106th Congress, the House passed a
private bill for the relief of Jacqueline Salinas--who was
paralyzed from the waist down--and her children, one of whom
was afflicted with bone cancer.\2\
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\1\See H.R. Rep. No. 106-956 (2000); See also S. 150, 106th Cong.
(1999).
\2\See H.R. Rep. No. 106-962 (2000); See also S. 1513, 106th Cong.
(1999).
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In the 104th Congress, the House passed a private bill for
Oscar Salas-Velazquez, whose U.S. citizen child and wife were
carriers of an antigen that predisposes them to developing
Reiter's syndrome--a severe, disabling, incurable arthritic
disease which can be triggered by an intestinal infection from
organisms widespread in Mexico.\3\ Requiring Mr. Salas-
Velazquez's wife and child to join him in Mexico would very
likely result in the development of Reiter's syndrome.\4\ In
the 106th Congress, the House also passed a private bill for
Saeed Rezai, whose U.S. citizen wife was stricken with multiple
sclerosis.\5\ Medical professionals indicated that her
condition would likely deteriorate rapidly from the severe
stress resulting from her husband's removal.
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\3\See H.R. Rep. No. 104-810 (1996); See also H.R. 1031, 104th
Cong. (1995).
\4\Id.
\5\See H.R. Rep. No. 106-905 (2000); See also H.R. 5266, 106th
Cong. (2000).
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Similarly, Mr. El-Moustrah and his U.S. citizen wife would
suffer extreme hardship if he were forced to return to his home
country of Lebanon, where he will not have access to the level
of care he receives in the United States to treat his various
conditions. Further, without a liver transplant--which he
ultimately requires, and which is unavailable in Lebanon--Mr.
El-Moustrah's conditions will worsen leading to his death. As
such, the Committee has determined that H.R. 7572 meets the
medical condition precedent.
Hearings
The Committee on the Judiciary held no hearings on H.R.
7572.
Committee Consideration
On September 9, 2020, the Committee met in open session and
ordered the bill, H.R. 7572, favorably reported without
amendment, by a 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. 7572.
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. 7572, 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, September 22, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for these four bills:
H.R. 631, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 4225, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso;
H.R. 7146, For the relief of Victoria
Galindo Lopez; and
H.R. 7572, For the relief of Median El-
Moustrah.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David
Rafferty.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
cc:
Honorable John Conyers, Jr.
Ranking Member
On September 9, 2020, the House Committee on the Judiciary
ordered reported four bills that would allow the people named
in each bill to become lawful permanent residents:
H.R. 631, For the relief of Arpita Kurdekar,
Girish Kurdekar, and Vandana Kurdekar;
H.R. 4225, For the relief of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso;
H.R. 7146, For the relief of Victoria
Galindo Lopez; and
H.R. 7572, For the relief of Median El-
Moustrah.
Enacting each of those four bills could increase direct
spending and reduce revenues because lawful permanent residents
are eligible for certain federal benefits, such as Medicaid and
premium tax credits for health insurance purchased through the
marketplaces established by the Affordable Care Act, if they
otherwise meet the eligibility requirements for those benefits.
CBO estimates that those effects would not be significant
because of the small number of people who would be affected by
each bill.
The CBO staff contact for this estimate is David Rafferty.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 7572 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
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.
7572 would provide Median El-Moustrah with an opportunity to
obtain lawful permanent resident status in the United States.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 7572 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Permanent resident status for Median El-Moustrah.
Subsection (a) provides that Median El-Moustrah shall be
eligible for issuance of an immigrant visa or for adjustment of
status to lawful permanent residence upon filing the
appropriate application.
Subsection (b) provides that if Median El-Moustrah enters
the United States before the filing deadline specified in
subsection (d), he shall be considered to have entered and
remained lawfully and shall be eligible for adjustment of
status as of the date of the enactment of this Act.
Subsection (c)(1) provides that Median El-Moustrah may not
be removed from the United States, denied admission, or
considered ineligible for lawful permanent residence by reason
of any ground for removal or inadmissibility that is reflected
in the records of the Department of Homeland Security or the
Department of State as of the date of the enactment of this
Act.
Subsection (c)(2) provides that the Secretary of Homeland
Security shall rescind any outstanding orders of removal or
deportation, or any finding of inadmissibility or
deportability, that has been entered against Median El-
Moustrah.
Subsection (d) requires Median El-Moustrah to apply for an
immigrant visa or adjustment of status within 2 years after the
date of the enactment of this Act.
Subsection (e) provides that upon granting an immigrant
visa or permanent residence to Median El-Moustrah, the
Secretary of State shall reduce by one, the total number of
immigrant visas that are made available to natives of the
country of his birth.
Subsection (f) provides that the natural parents, brothers,
and sisters of Median El-Moustrah shall not, by virtue of such
relationship, be accorded any right, privilege, or status under
the Immigration and Nationality Act.