S.J.Res. 15Senate110th Congress (2007-2009)In Committee

United States Policy in Iraq Resolution of 2007

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S6962-6963)

Foreign Relations Committee

May 25, 2007

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SenateIntro Referral

Introduced in Senate

May 25, 2007

SenateIntro Referral

Read twice and referred to the Committee on Foreign Relations. (text of measure as introduced: CR S6962-6963)

Foreign Relations Committee

May 25, 2007

Floor Debate

1 member

What members said about S.J.Res. 15 on the floor

1 Democrat

Sen. Dianne FeinsteinD-CA · May 25, 2007

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…

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.

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Introduced in SenateIssued May 25, 2007

IIA

110th CONGRESS

1st Session

S. J. RES. 15

IN THE SENATE OF THE UNITED STATES

May 25, 2007

Mr. Biden introduced the following joint resolution; which was read twice and referred to the Committee on Foreign Relations

JOINT RESOLUTION

To revise United States policy on Iraq.

Whereas in October 2002, Congress approved, and the President signed into law, the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243);

Whereas the preamble of Public Law 107–243 sets forth the threats to the national security of the United States that required the authorization for the use of force, and those threats were the Iraqi regime led by Saddam Hussein, its weapons of mass destruction programs, its past record of using chemical weapons, and its record of harboring and supporting international terrorist organizations;

Whereas Saddam Hussein has been executed after conviction for committing crimes against humanity, United States intelligence and military units have not discovered weapons of mass destruction in Iraq, and thorough reviews by the Iraq Survey Group and the Special Advisor to the Director of Central Intelligence on Iraq's weapons of mass destruction concluded that Iraq did not have any active weapons of mass destruction programs in the final years of the Saddam Hussein regime;

Whereas with the removal of the Iraqi regime led by Saddam Hussein, the determination that there were no weapons of mass destruction in Iraq, and the establishment of a democratic constitution and a freely-elected government in Iraq, the United States objectives set forth in Public Law 107–243 are no longer relevant to the current situation;

Whereas sectarian violence is the primary cause of instability in Iraq;

Whereas, Iraqis must reach a comprehensive and sustainable political settlement in order to achieve stability, and the failure of the Iraqis to reach such a settlement is a primary cause of increasing violence in Iraq; and

Whereas the responsibility for halting sectarian violence in Iraq must rest primarily with the Government of Iraq and Iraqi security forces, and not United States Armed Forces: Now, therefore, be it

Short title

This joint resolution may be cited as the United States Policy in Iraq Resolution of 2007.

Purpose

It is the purpose of this joint resolution to repeal the authorization for the use of force provided in 2002, to transition United States Armed Forces in Iraq to a more limited mission, and to secure the phased redeployment from Iraq of such forces not essential to that new mission.

Repeal of 2002 resolution

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243) is repealed.

Authorization for the Use of United States Armed Forces

(a)

Authorization

The President is authorized to continue participation by United States Armed Forces in Multi-National Force—Iraq, or as part of a successor force, for the purposes of—

(1)

protecting United States and coalition personnel and infrastructure;

(2)

training, equipping, and providing logistical support to Iraqi Security Forces;

(3)

conducting targeted counter-terrorism operations; and

(4)

assisting the Government of Iraq to maintain the security of its international borders.

(b)

Transition of Mission

The President shall promptly transition the mission of United States forces in Iraq from the mission authorized by section 3(a) of the Authorization for Use of Military Force Resolution of 2002 (Public Law 107–243) to the limited purposes set forth in subsection (a).

(c)

Commencement of Phased Redeployment from Iraq

The President shall commence the phased redeployment of United States forces from Iraq not later than 90 days after the date of enactment of this joint resolution, with the goal of redeploying, by March 31, 2008, all United States combat forces from Iraq except for those essential for the limited purposes set forth in subsection (a).

(d)

War Powers Resolution Requirements

(1)

Specific statutory authorization

Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2)

Applicability of other requirements

Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.

Construction

Nothing in this joint resolution shall be construed to—

(a)

limit measures necessary to provide for the safety and security of the Multi-National Force—Iraq, including United States Armed Forces; or

(b)

authorize offensive combat activities by United States Armed Forces in Iran, Syria, or any other state in the Middle East region.

Report

The President shall submit to Congress not later than 90 days after enactment of this joint resolution, and every 90 days thereafter, a report outlining the activities of the United States Armed Forces pursuant to this joint resolution, and on the progress that has been made in training the security forces of Iraq and promoting a sustainable political settlement.

Duration of authorization

The authorization under Section 4(a) shall expire on the date that is 12 months after the date of enactment of this joint resolution, unless Congress extends such authorization.