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[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S96-S97]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 124. A bill for the relief of Shigeru Yamada; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private relief 
legislation to provide lawful permanent residence status to Shigeru 
Yamada, a 24-year-old Japanese national who lives in Chula Vista, 
California. The House passed a private relief bill on behalf of Mr. 
Yamada last year, but unfortunately we were unable to move the bill in 
the Senate before the end of the 110th Congress.
  I have decided to re-introduce a private bill on his behalf because I 
believe that Mr. Yamada represents a model American citizen, for whom 
removal from this country would represent an unfair hardship. Without 
this legislation, Mr. Yamada will be forced to return to a country in 
which he lacks any linguistic, cultural or family ties.
  Mr. Yamada legally entered the United States with his mother and two 
sisters in 1992 at the young age of 10. The family was fleeing from Mr. 
Yamada's alcoholic father, who had been physically abusive to his 
mother, the children and even his own parents. Since then, he has had 
no contact with his father and is unsure if he is even alive. 
Tragically, Mr. Yamada experienced further hardship when his mother was 
killed in a car crash in 1995. Orphaned at the age of 13, Mr. Yamada 
spent time living with his aunt before moving to Chula Vista to live 
with a close friend of his late mother.
  The death of his mother marked more than a personal tragedy for Mr. 
Yamada; it also served to impede the process for him to legalize his 
status. At the time of her death, Mr. Yamada's family was living 
legally in the United States. His mother had acquired a student visa 
for herself and her children qualified as her dependants. Her death 
revoked his legal status in the United States.
  In addition, Mr. Yamada's mother was engaged to an American citizen 
at the time of her death. Had she survived, her son would likely have 
become an American citizen through this marriage.
  Mr. Yamada has exhausted all administrative options under our current 
immigration system. Throughout high school, he contacted attorneys in 
the hopes of legalizing his status, but his attempts were unsuccessful. 
Unfortunately, time has run out and, for Mr. Yamada, the only option 
available to him today is private relief legislation.
  For several reasons, it would be tragic for Mr. Yamada to be deported 
from the United States and forced to return to Japan.
  First, since arriving in the United States, Mr. Yamada has lived as a 
model American. He graduated with honors from Eastlake High School in 
2000, where he excelled in both academics and athletics. Academically, 
he earned a number of awards including being named an ``Outstanding 
English Student'' his freshman year, an All-American Scholar, and 
earning the United States National Minority Leadership Award.
  His teacher and coach, Mr. John describes him as being ``responsible, 
hard working, organized, honest, caring and very dependable.'' His role 
as the vice president of the Associated Student Body his senior year is 
an indication of Mr. Yamada's high level of leadership, as well as, his 
popularity and trustworthiness among his peers.
  As an athlete, Mr. Yamada was named the ``Most Inspirational Player 
of the Year'' in junior varsity baseball and football, as well as, 
varsity football. His football coach, Mr. Jose Mendoza, expressed his 
admiration by saying that he has ``seen in Shigeru Yamada the 
responsibility, dedication and loyalty that the average American holds 
to be virtuous.''

  Second, Mr. Yamada has distinguished himself as a local volunteer. As 
a member of the Eastlake High School Link Crew, he helped freshman find 
their way around campus, offered tutoring and mentoring services, and 
set an example of how to be a successful member of the student body. 
After graduating from high school, he volunteered his time for 4 years 
as the coach of the Eastlake High School Girl's softball team. The 
former head coach, who has since retired, Dr. Charles Sorge, describes 
him as an individual full of ``integrity'' who understands that as a 
coach it is important to work as a ``team player.''
  His level of commitment to the team was further illustrated to Dr. 
Sorge when he discovered, halfway through the season, that Mr. Yamada's 
commute to and from practice was 2 hours long each way. It takes an 
individual with character to volunteer his time to coach and never 
bring up the issue of how long his commute takes him each day. Dr. 
Sorge hopes that, once Mr. Yamada legalizes his immigration status, he 
will be formally hired to continue coaching the team.
  Third, sending Mr. Yamada back to Japan would be an immense hardship 
for him and his family here. Mr. Yamada does not speak Japanese. He is 
unaware of the nation's current cultural trends.
  And, he has no immediate family members that he knows of in Japan. 
All of his family lives in California. Sending Mr. Yamada back to Japan 
would serve to split his family apart and separate him from everyone 
and everything that he knows.
  His sister contends that her younger brother would be ``lost'' if he 
had to return to live in Japan on his own. It is unlikely that he would 
be able to find any gainful employment in Japan due to his inability to 
speak or read the language.
  As a member of the Chula Vista community, Mr. Yamada has 
distinguished himself as an honorable individual. His teacher, Mr. 
Robert Hughes, describes him as being an ``upstanding `All-American' 
young man''. Until being picked up during a routine check of riders' 
immigration status on a city bus, he had never been arrested or 
convicted of any crime. Mr. Yamada is not, and has never been, a burden 
on

[[Page S97]]

the State. He has never received any Federal or State assistance.
  With his hard work and giving attitude, Shigeru Yamada represents the 
ideal American citizen. Although born in Japan, he is truly American in 
every other sense.
  Given these extraordinary and unique facts, I ask my colleagues to 
support this private relief bill on behalf of Mr. Yamada. Mr. 
President, I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 124

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR SHIGERU YAMADA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shigeru Yamada shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Shigeru Yamada enters the 
     United States before the filing deadline specified in 
     subsection (c), Shigeru Yamada shall be considered to have 
     entered and remained lawfully and shall be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) as of the date of the 
     enactment of this Act.
       (c) Application and Payment of Fees.--Subsections (a) and 
     (b) shall apply only if the application for issuance of an 
     immigrant visa or the application for adjustment of status is 
     filed with appropriate fees not later than 2 years after the 
     date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Shigeru 
     Yamada, the Secretary of State shall instruct the proper 
     officer to reduce by 1, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of Shigeru 
     Yamada under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of birth of Shigeru Yamada under 
     section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
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