Speech #970105485

Approximately 7.360 persons presently in the Virgin Islands (out of a total estimated population of 100.000) will qualify under the terms of H.R. 3517. An additional approximately 2.670 children not presently living in the Virgin Islands may gain entry through the exercise of petition rights. The limitations this legislation imposes on petition rights is a deliberate exercise of congressional authority over immigration and the territories. Both the Office of Legal Counsel in the Department of Justice and the Congressional Research Service of the Library of Congress submitted opinions supporting the constitutionality of provisions of this legislation. The bill. moreover. incorporates explicit findings documenting the need "to prevent a secondary migration of a significant number of * * * relatives to the Virgin Islands." H.R. 3517 limits secondary migration in the following ways: First. section 2(c)(2) permits the Secretary of State. after consultation with the Secretary of the Interior and the Governor of the Virgin Islands. to limit the number of immigrant visas available annually for spouses and unmarried children of aliens who obtain permanent resident status under this legislation. The authority to limit these visas will provide a mechanism for mitigating possible adverse effects of significant numbers of relatives coming in a short period of time. Second. section 2(c)(3) imposes stringent limits on certain petition rights of new U.S. citizens who first obtain permanent resident status under the provisions of this legislation. These new citizens cannot bring in married sons and daughters or siblings unless theythe new citizensestablish "to the satisfaction of the Attorney General that exceptional and extremely unusual hardship exists for permitting the alien to receive such visa." Third. parents who benefit from immediate relative petitions filed by persons adjusted under this bill cannot in turn bring in children from outside the Virgin Islands. This limitation prevents the admissionthrough a circuitous routeof brothers and sisters who cannot be brought in directly. The limitations on petition rights. it should be noted. will not affect the admission of a U.S. citizens "immediate relatives."-children. spouses. and parentswho are exempt from numerical limitations and will not affect admission under the numerically limited first preference of unmarried sons and daughters of U.S. citizens. Early this year. the Select Commission on Immigration and Refugee Policy recommended that "U.S. law permit. but not require. special treatment of all U.S. territories." Virgin Islands history and demography provide strong support for special congressional action in this case. Virgin Islands witnesses. testifying before the Immigration Subcommittee. vigorously advocated passage of this bill. We have at handAs Delegate RoN DE LUGO has saidthe opportunity to demonstrate our regard for the rights of those who. adhering to our rules and laws and. at times. in response to our open invitation. have come to live and work among us and who now choose to make this their permanent home. H.R. 3517. a bill which will promote social justice in the Virgin Islands. merits favorable consideration by the House. Mr. Speaker. I would like at this time to elicit from the gentleman from Kentucky. the chairman of the Subcommittee on Immigration. Refugees. and International Law and from the Delegate from the Virgin Islands that they agree with me that the limitations on petition rights imposed by this legislation are a deliberate exercise of congressional authority over immigration warranted by the findings enumerated in section 1 of this bill.