Mr. President, today I offer private immigration relief legislation to provide lawful permanent residence status to Jose Alberto Martinez Moreno and Micaela Lopez Martinez and their daughter, Adilene…
Mr. President, today I offer private immigration relief legislation to provide lawful permanent residence status to Jose Alberto Martinez Moreno and Micaela Lopez Martinez and their daughter, Adilene Martinez; Mexican nationals now living in San Francisco, California.
This family embodies the true American success story and I believe they merit Congress' special consideration for such an extraordinary form of relief as a private bill.
Mr. Martinez came to the United States 20 years ago from Mexico. He started working as a busboy in restaurants in San Francisco. In 1990, he began working as a cook at Palio D'Asti, an award winning Italian restaurant in San Francisco.
According to the people who worked with him, he ``never made mistakes, never lost his temper, and never seemed to sweat.''
Over the past 20 years, Jose Martinez has worked his way through the ranks. Today, he is the sous chef at Palio, where he is respected by everyone in the restaurant, from dishwashers to cooks, busboys to waiters, bartenders to managers.
Mr. Martinez has unique skills: he is an excellent chef; he is bilingual; he is a leader in the workplace. He is described as ``an exemplary employee'' who is not only ``good at his job, but is also a great boss to his subordinates.''
He and his wife, Micaela, have made a home in San Francisco. Micaela has been working as a housekeeper. They have three daughters, two of whom are United States citizens. Their oldest child Adilene, 19, is undocumented. Adilene recently graduated from the Immaculate Conception Academy and hopes to attend college.
One of the most compelling reasons for allowing the family to remain in the United States is that they are eligible for a green card. Unfortunately, there is such a backlog for green cards right now that even though he has a work permit, owns a home in San Francisco, works two jobs, and has been in the United States for 20 years with a clean record, he and his family will be deported.
Mr. Martinez and his family have applied unsuccessfully for legal status several ways:
In 2000, Mr. and Mrs. Martinez filed for political asylum. Their case was denied and a subsequent application for a Cancellation of Removal was also denied because the immigration court judge could not find ``requisite hardship'' required for this relief.
Ironically, the immigration judge who reviewed their case found that Mr. Martinez's culinary ability was a negative factor, as it indicated that he could find a job in Mexico.
In 2001, his sister, who has legal status, petitioned for Mr. Martinez to get a green card. Unfortunately, because of the current green card backlog, Mr. Martinez has several years to wait before he is eligible for a green card.
Finally, Daniel Scherotter, the executive chef and owner of Palio D'Asti, has petitioned for legal status for Mr. Martinez based on Mr. Martinez's unique skills as a chef. Although Mr. Martinez's work petition was approved by U.S. Citizenship and Immigration Services, there is a backlog on these visas, and Mr. Martinez is on a waiting list for a green card through this channel, as well.
Mr. and Mrs. Martinez have no other administrative options available to them at this point and if deported, they will face a 5 to 10 year ban from returning to the United States.
The Martinez family has become an important and valued part of their community. They are active members of their church, their children's school, and Comite de Padres Unido, a grassroots immigrant organization in California.
They volunteer extensively, advocating for safe new parks in the community for the children, volunteering at their children's school, and working on a voter registration campaign, even though they are unable to vote themselves.
In fact, I have received 46 letters of support from teachers, church members, and members of their community who attest to their honesty, responsibility, and long-standing commitment to their community. Their supporters include San Francisco Mayor Gavin Newsom; former Mayor Willie Brown; President of the San Francisco Board of Supervisors, Aaron Peskin; and the Director of Immigration Policy at the Immigrant Legal Resource Center, Mark Silverman.
This family has truly embraced the American dream. I believe their continued presence in our country would do so much to enhance the values we hold dear. Enactment of the legislation I have introduced today will enable the Martinez family to continue to make significant contributions to their community as well as the United States.
I ask my colleagues to support this private bill.
I ask unanimous consent that my statement, the letters of community support, and the text of the bill be printed in the Record.
