[Congressional Record: December 5, 2001 (Senate)]
[Page S12448-S12456]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr05de01-174]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CORZINE (for himself and Mr. Torricelli):
S. 1774. A bill to accord honorary citizenship to the alien victims
of September 11, 2001, terrorist attacks against the United States and
to provide for the granting of citizenship to the alien spouses and
children of certain victims of such attacks; to the Committee on the
Judiciary.
Mr. CORZINE. Mr. President, I rise today to introduce legislation,
the Terrorist Victim Citizenship Relief Act, that would quickly provide
citizenship relief to hundreds of families adversely affected by the
attacks of September 11, 2001.
Today I am meeting with several of the families of the victims of the
September 11 terrorist attacks to discuss crucial legislation that
would provide them with tax relief in the wake of a national calamity.
They are dealing with a personal anguish that many of us can only
imagine. It is critical that the House of Representatives move swiftly
to pass the tax relief legislation that has already passed the Senate,
by unanimous consent, I might add. But there is more that Congress must
do to account for the shocking and unanticipated failure of the
existing legal framework in the aftermath of September 11. I believe
that the Terrorist Victim Citizenship Relief Act is an important part
of this vitally necessary overhaul.
When American citizens, foreign nationals, and immigrants perished in
the cowardly terrorist acts of September 11, the immigration status of
hundreds of families was thrown into turmoil. The attacks were on
American soil on a major American institution and directed at the
United States. Yet American citizens were not the only victims.
Hundreds of temporary workers and immigrants died shoulder-to-shoulder
with thousands of Americans. Their deaths should be acknowledged and
their families should be honored.
My legislation would bestow honorary citizenship on legal immigrants
and non-immigrants who died in the disaster. This would honor their
spirit and their tremendous sacrifice. Perhaps more important, the bill
would offer citizenship to surviving spouses and children, subject to a
background investigation by the Federal Bureau of Investigation. In the
spirit of fairness and unity, it is appropriate and responsible to
offer the privilege of citizenship to families who lost so much because
of this attack on the United States.
More than 3,000 people lost their lives when four planes crashed on
that fateful September morning. Bodies are still being uncovered, and
the death count has been revised several times. Nationals from some 86
countries perished in the attack, including visitors, non-immigrant
workers, and legal permanent residents.
America was not the only country that suffered losses. There was good
reason the complex was called the World Trade Center. In the September
11 attacks, England lost 75 people, with 60 other British nationals
unaccounted for. India lost more than 100. Germany has 31 confirmed
casualties. Mexico has 19. Colombia has 15. Japan has as many as 21.
Canada, Australia, the Philippines, Ireland, South Africa, and Pakistan
all suffered tragic losses. And there were many more. It would be wrong
to allow the tragic destruction of that fateful day to derail the hopes
of hundreds of immigrant families to secure a better life for
themselves and their children in the United States. And we must
acknowledge the hundreds of families from 86 countries who lost loved
ones in the attack.
In New Jersey, there are dozens of poignant stories of immigrant
families who experienced tragic losses in the World Trade Center
disaster. These innocent people have lost husbands and wives, sons and
daughters, sisters and brothers. Their families have been fractured and
their livelihoods jeopardized. Immigrant families have been forced to
grapple with a bureaucratic nightmare, wading through the myriad of
programs available to the families of victims in an effort to keep
their heads above water. They are often disheartened to learn that,
although their loved ones died in the same attack, non-citizens are
ineligible for many of the programs designed to assist the surviving
families of victims.
Concerns about immigration status have only added to the tremendous
burden immigrant families are already confronting. Take the example of
one New Jersey woman who came to my office seeking assistance. Her
immigration status was directly dependent on the non-immigrant worker
status of her husband who died in the attack. Both of her children were
born in the United States. They are full citizens and are enrolled in
American schools. She wants to continue to raise her children in the
United States. However, under the antiterrorism legislation that
Congress passed this month, this mother of two will be allowed just one
additional year to sort out her affairs before being forced to uproot
her children and return to England.
One year is simply not enough to compensate this innocent woman for
the loss of her husband. My legislation would grant her citizenship
immediately, helping her to avoid the burden of removing her children
from the only country they have ever truly known after having just lost
their father. Granting her citizenship is the right thing to do.
But, this woman's story is one of hundreds. My office has received
numerous inquiries from immigrant families concerned that their
immigration status has been undermined by the death of a loved one.
Many families were in the process of preparing the necessary paperwork
to apply for a change in status, only to have their potential sponsor
die alongside thousands of others in the World Trade Center attack.
This legislation would ensure that those families would be allowed to
become American citizens and avoid undue paperwork and heartache.
More than two months have passed since the United States was brutally
attacked. When perpetrating their horrific crime, the terrorists did
not distinguish between immigrants and American citizens or between
undocumented workers and legal permanent residents. They were attacking
the United States, and, in the process, killed thousands, citizens and
non-citizens alike. In death, citizenship was irrelevant. In death,
they were all unified.
The thousands who died did not know it when they went to work, but
they were at the front lines in the next American war. Their deaths are
a tragedy that every civilized human being wishes could be reversed.
Unfortunately, we cannot turn back the clock. However, we can
acknowledge the tremendous loss of hundreds of immigrant families by
allowing them to take on the full rights and responsibilities of
American citizenship.
I urge my colleagues to support this important legislation, and ask
unanimous consent that the text of the bill be printed in the Record.
[[Page S12456]]
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1774
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Victim Citizenship
Relief Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 11, 2001, the United States suffered a
series of attacks which led to the deaths of thousands of
people.
(2) Hundreds of foreign nationals perished in the attacks
on the American institutions on American soil.
(3) At that time, the Immigration and Naturalization
Service was processing applications for adjustment in
immigration status for immigrants who perished in the
attacks.
(4) The immigrant or nonimmigrant status of many immigrant
families depends on the sponsorship of those who perished.
(5) The Immigration and Naturalization Service has publicly
stated that it does not intend to take action against foreign
nationals whose immigration status is in jeopardy as a direct
result of the attack.
(6) Commissioner of the Immigration and Naturalization
Service James Ziglar stated that ``the Immigration and
Naturalization Service will exercise its discretion toward
families of victims during this time of mourning and
readjustment''.
(7) Only Congress has the authority to change immigration
law to address unanticipated omissions in existing law to
account for the unique circumstances surrounding the events
of September 11, 2001.
SEC. 3. DECEASED ALIEN VICTIMS OF TERRORIST ATTACKS DEEMED TO
BE UNITED STATES CITIZENS.
Notwithstanding title III of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), and except as
provided in section 5, each alien who died as a result of a
September 11, 2001, terrorist attack against the United
States, shall, as of that date, be considered to be an
honorary citizen of the United States if the alien held
lawful status under the immigration laws of the United States
as of that date.
SEC. 4. CITIZENSHIP ACCORDED TO ALIEN SPOUSES AND CHILDREN OF
CERTAIN VICTIMS OF TERRORIST ATTACKS.
Notwithstanding title III of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), and except as
provided in section 5, an alien spouse or child of an
individual who was lawfully present in the United States and
who died as a result of a September 11, 2001, terrorist
attack against the United States shall be entitled to
naturalization as a citizen of the United States upon being
administered the oath of renunciation and allegiance in an
appropriate ceremony pursuant to section 337 of the
Immigration and Nationality Act, without regard to the
current status of the alien spouse or child under the
immigration laws of the United States, if the spouse or child
applies to the Attorney General for naturalization not later
than two years after the date of enactment of this Act. The
Attorney General shall record the date of naturalization of
any person granted naturalization under this section as being
September 10, 2001.
SEC. 5. EXCEPTIONS.
Notwithstanding any other provision of this Act, an alien
may not be naturalized as a citizen of the United States, or
afforded honorary citizenship, under this Act if the alien
is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act, or deportable
under paragraph (2) or (4) of section 237(a) of that Act,
including any terrorist perpetrator of a September 11, 2001,
terrorist attack against the United States; or
(2) a member of the family of a person described in
paragraph (1).
______
By Mr. CORZINE (for himself and Mr. Torricelli):
S. 1776. A bill to provide for the naturalization of Deena Gilbey; to
the Committee on the Judiciary.
Mr. CORZINE. Mr. President, I rise today to introduce private
legislation granting citizenship to Deena Gilbey, a woman profoundly
affected by the disaster of September 11. Since then, Deena has endured
a tremendous hardship, a hardship that has been compounded by mounting
paperwork and an unyielding, dispassionate bureaucratic process.
Without swift congressional action, Deena, a British national, will be
forced to uproot her two children and remove them from the only country
they have ever known just one year from the death of their father.
Deena Gilbey first moved to the United States in July 1993 when Paul,
her husband was transferred from London to the New York office of Euro
Bank. They spent the eight years that followed building a life in the
United States in suburban Chatham Township. They began to raise two
children, Max, 7, and Mason, 3, both of whom were born in the United
States. Although the children are both U.S. citizens, Deena is not and
was present in the county as part of her husband's H1-B work visa. Both
Deena and Paul were attempting to become citizens when disaster struck.
For all Americans, September 11 will be remembered with a deep
sadness. However, that national anguish took on a personal quality for
the Gibleys when the family learned that Paul, like so many others, was
lost beneath the rubble of the World Trade Center.
With the death of Paul, Deena was forced to face up to the difficult
realization that her own lawful status in the United States was in
jeopardy. For the first several weeks after he died, it was unclear
whether Deena would be allowed to leave the country and spend time with
family or even work to support her children. The anti-terrorism bill
that passed the Congress earlier this year was a step in the right
direction. But it did not go far enough. It did not give Deena and
Paul's children the stability they deserve.
The anti-terrorism legislation that passed the Congress earlier this
year allowed Deena to remain in the United States just one additional
year to sort out her affairs. She had just one year to wrap up the life
she and Paul had made together in the United States. She had just one
year to prepare her children for the trauma of moving to a foreign
country and of leaving the only country that had ever been home. One
additional year is simply not enough.
When Paul died in the attack on the World Trade Center, he died with
thousands of Americans. Before that, he contributed to the American
economy for nearly a decade, paying taxes and lending his expertise in
a highly specialized field. On that fateful day, he embodied the
American spirit when he assisted coworkers in escaping the fire and
destruction of ground zero.
Paul Gilbey was killed in a callous and cowardly attack on America.
In the aftermath of this tragic event, we have a responsibility to help
ensure that stability returns to the lives of the children he left
behind.
Giving citizenship to Deena Gilbey is our patriotic responsibility. I
hope this Congress will acknowledge her sacrifice and allow her and her
children to remain in the United States.
I urge my colleagues to support this important legislation and ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1776
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NATURALIZATION OF DEENA GILBEY.
Notwithstanding title III of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) Deena Gilbey shall be
entitled to naturalization as a citizen of the United States
upon being administered the oath of renunciation and
allegiance in an appropriate ceremony pursuant to section 337
of the Immigration and Nationality Act. Upon naturalization
of Deena Gilbey under this Act, the Attorney General shall
record the date of naturalization of Deena Gilbey as being
September 10, 2001.
____________________
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