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The original documents are located in Box 53, folder "8/14/76 HR8695 Relief of Eugene
Homsy Phillips" of the White House Records Office: Legislation Case Files at the Gerald
R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
88/14/M6
APPROVED
THE WHITE HOUSE
ACTION
WASHINGTON
August 13, 1976
Last Day: August 21
Posted
MEMORANDUM FOR
THE PRESIDENT
FROM:
8/16/76
JIM CANNON Jun
SUBJECT:
H.R. 8695 Relief of Eugene
Homsy Phillips
archives
Attached for your consideration is H.R. 8695, sponsored
8/16/76
by Representative Fascell.
The enrolled bill would provide that the beneficiary
be considered to be the natural-born son of his adoptive
parents who are U.S. citizens.
Eugene Phillips is a 29-year old native of Lebanon who
was admitted into the U.S. in 1968 as a student. He was
adopted in 1972 but since he was over the age of 14
he was compelled to return to Beirut when his student
visa expired.
Additional information is provided in OMB's enrolled bill
at Tab A.
OMB, NSC, Max Friedersdorf, Counsel's Office (Lazarus)
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 8695 at Tab B.
SEAL Fore LIBRARY
Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE STATES UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 12 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 8695 - Relief of Eugene Homsy Phillips
Sponsor - Rep. Fascell (D) Florida
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the admission into the United States of the alien
adopted son of American citizens.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The beneficiary is a 29-year-old native and citizen of Lebanon.
He was admitted into the United States as a student in August
1968, and was legally adopted by Mr. and Mrs. J.W. Phillips on
November 21, 1972.
After completing graduate studies in the United States in 1974,
the beneficiary's student visa expired and he was compelled to
leave the country and now resides with his natural father in
Beirut. He pursued all available administrative remedies which
would have allowed him to remain in the United States without
success. Because he was over the age of 14 when he was adopted,
he derived no preferential status under the immigration laws
by virtue of his adoption.
2
The enrolled bill would provide that the beneficiary be held
and considered to be the natural-born son of his adoptive
parents. This would permit him to enter the United States
for permanent residence and rejoin his adoptive parents. In
addition, the bill provides that the natural parents and
siblings of the beneficiary are not accorded any special rights
or status under the Immigration and Nationality Act by virtue
of their relationship to the beneficiary.
James Assistant m. Director Trey for
Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
PLEASE ADDRESS REPLY TO
IMMIGRATION AND NATURALIZATION SERVICE
Washington 25, D.C.
AND REFER TQ THIS FILE NO.
OFFICE OF THE COMMISSIONER
1 1 AUG 1976
A17 692 349
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H.R. 8695
; Office of Management
and Budget request dated August 9, 1976.
Beneficiary or Beneficiaries Eugene Homsy Phillips.
Pursuant to your request for the views of the Department of Justice on
the subject bill, a review has been made of the facsimile of the bill, the re-
lating Congressional Committee report or reports, and all pertinent information
in the files of the Immigration and Naturalization Service
On the basis of this review the Immigration and Naturalization Service,
on behalf of the Department of Justice:
X
Recommends approval of the bill
Interposes no objection to approval of the bill
Sincerely,
Devapmant
Commissioner
CO Form 18
(REV. 1-17-72)
DEPARTMENT OF STATE
Washington, D.C. 20520
AUG 1 1 1976
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication
of August 9, 1976, transmitting for comment enrolled
bills, H.R. 8557, "For the relief of Carmen Thomas",
H.R. 10076, "For the relief of Mrs. Kazuko Scillion",
and H.R. 8695, "For the relief of Eugene Homsy
Phillips".
This Department has no objection to the enact-
ment of these bills.
Sincerely yours,
Kempton B. Jenkins
Acting Assistant Secretary
for Congressional Relations
The Honorable
James T. Lynn, Director,
Office of Management
and Budget.
PRESIDENT STATE UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 12 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 8695 - Relief of Eugene Homsy Phillips
Sponsor - Rep. Fascell (D) Florida
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the admission into the United States of the alien
adopted son of American citizens.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The beneficiary is a 29-year-old native and citizen of Lebanon.
He was admitted into the United States as a student in August
1968, and was legally adopted by Mr. and Mrs. J.W. Phillips on
November 21, 1972.
After completing graduate studies in the United States in 1974,
the beneficiary's student visa expired and he was compelled to
leave the country and now resides with his natural father in
Beirut. He pursued all available administrative remedies which
would have allowed him to remain in the United States without
success. Because he was over the age of 14 when he was adopted,
he derived no preferential status under the immigration laws
by virtue of his adoption.
2
The enrolled bill would provide that the beneficiary be held
and considered to be the natural-born son of his adoptive
parents. This would permit him to enter the United States
for permanent residence and rejoin his adoptive parents. In
addition, the bill provides that the natural parents and
siblings of the beneficiary are not accorded any special rights
or status under the Immigration and Nationality Act by virtue
of their relationship to the beneficiary.
James Assistant m. Director Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 12
Time: 700pm
FOR ACTION:
Dick Parsons of
cc (for information): Jack Marsh
on
Jim Cavanaugh
Max Friedersdorf
Ed Schmults
Ken Lazarus on
NSC the
FROM THE STAFF SECRETARY
DUE: Date:
Time:
August 13
200pm
SUBJECT:
H.R. 8695-relief of Eugene Homsy Phillips
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
R. FORD TOTARY
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 12
Time: 700pm
FOR ACTION:
cc (for information): Jack Marsh
Dick Parsons
Jim Cavanaugh
Max Friedersdorf
m.f.
Ed Schmults
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
Time:
August 13
200pm
SUBJECT:
H.R. 8695-relief of Eugene Homsy Phillips
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
X
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 12
Time: 700pm
FOR ACTION:
cc (for information): Jack Marsh
Dick Parsons
Jim Cavanaugh
Max Friedersdorf
Ed Schmults
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
Time:
August 13
200pm
SUBJECT:
H.R. 8695-relief of Eugene Homsy Phillips
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
X
REMARKS:
Approve. RR
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 12
Time: 700pm
FOR ACTION:
cc (for information): Jack Marsh
Dick Parsons
Jim Cavanaugh
Max Friedersdorf
Ed Schmults
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
Time:
August 13
200pm
SUBJECT:
H.R. 8695-relief of Eugene Homsy Phillips
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
For Your Comments
Draft Remarks
X
REMARKS:
please return to judy johnston, ground floor west wing
No objection
Ken Lazarus
MEMORANDUM
NATIONAL SECURITY COUNCIL
4624
August 13, 1976
MEMORANDUM FOR: JAMES M. CANNON
FROM:
Jeanne W. Dav
and
SUBJECT:
H.R. 8695
The NSC staff concurs with the proposed enrolled bill- H.R. 8695-
relief of Eugene Homsy Phillips.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-920
EUGENE HOMSY PHILLIPS
MARCH 17, 1976.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. EILBERG. from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 8695]
The Committee on the Judiciary to whom was referred the bill
(H.R. 8695), for the relief of Eugene Homsy Phillips, having con-
sidered the same, report favorably thereon with amendment and recom-
mend that the bill do pass.
The amendment is as follows:
On page 1, line 7, after the words "natural parents" insert "or broth-
ers or sisters".
PURPOSE OF THE BILL
The purpose of this bill, as amended, is to facilitate the admission
into the United States of the adopted son on citizens of the United
States. The bill has been amended in accordance with established
precedents.
GENERAL INFORMATION
The beneficiary of this bill is a 28-year-old native and citizen of
Lebanon who was adopted in Florida in 1972 by citizens of the United
States while he was in the United States as a student. The adoptive
parents have no other children. The beneficiary returned to Lebanon
after completing his studies in the United States and presently resides
in France.
The pertinent facts in this case are contained in a letter dated Oc-
tober 2, 1975, from the Commissioner of Immigration and Naturaliza-
tion to the chairman of the Committee on the Judiciary. That letter,
with enclosures, reads as follows:
57-007
2
3
U.S. DEPARTMENT OF JUSTICE,
In the Circuit Court of the Eleventh Judicial Circuit, in and for
IMMIGRATION AND NATURALIZATION SERVICE,
Dade County, Florida
Washington, D.C., October 2, 1975.
A17-692-349.
Case No. 72-20504
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary,
In re the petition of
House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: In response to your request for a report rela-
JOHN W. PHILLIPS, Jr.
tive to the bill (H.R. 8695) for relief of Eugene Homsy Phillips, there
is attached a memorandum of information concerning the beneficiary.
AND
The bill provides that the twenty-eight year old beneficiary, who is
Olga Cowart PHILLIPS, HIS WIFE
the adopted son of United States citizens, be held and considered to be
their natural-born son. The bill further provides that the natural par-
FINAL DECREE OF ADOPTION
ents of the beneficiary shall not, by virtue of such parentage, be ac-
corded any right, privilege or status under the Immigration and Na-
THIS CAUSE coming on to be heard upon the verified petition for
tionality Act. The Committee may also wish to include the beneficiary's
Adoption filed herein and the Consent for Adoption, and it appear to
brother in this proviso.
the Court that the Petitioners are fit and proper persons to adopt the
Absent enactment of the bill, the beneficiary, a native of Lebanon, is
adoptee herein, and that the best interest of said adoptee will be pro-
chargeable to the nonpreference portion of the numerical limitation
moted by this adoption, and that the adoptee is suitable for adoption
for immigrants and conditional entrants from countries in the Eastern
by the Petitioners, John W. Phillips, Jr., and Olga Cowart Phillips,
Hemisphere.
his wife, and the Court being otherwise fully advised in the premises,
Sincerely,
it is hereby
L. F. CHAPMAN, Jr.,
ORDERED and ADJUDGED as follows:
Commissioner.
1. That Eugene Joseph Homsy be and he is hereby declared to be
Enclosure.
the legal heir of the Petitioners, John W. Phillips, Jr., and Olga
Cowart Phillips, his wife, and he is hereby given the name of Eugene
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZA-
Homsy Phillips, by which name he shall hereafter be known:
TION SERVICE FILES RE H.R. 8695
2. That Eugene Homsy Phillips shall be the legal heir of the Peti-
tioners, John W. Phillips, Jr., and Olga Cowart Phillips, his wife,
The beneficiary, Eugene Homsy Phillips, was born Eugene Joseph
entitled to all rights and privileges, and subject to all obligations as
Homsy on July 17, 1947, in Beirut, Lebanon. His father, Joseph Hom-
if born to the Petitioners in lawful wedlock.
sy was born in Lebanon and resides there. His mother, Claire Chahine,
was born in Lebanon and is deceased. He has one brother residing in
DONE and ORDERED in Chambers at Miami, Dade County, Florida,
this 21st day of November, 1972.
Lebanon.
GENE WILLIAMS,
The beneficiary was admitted to the United States August 17, 1968
Circuit Court Judge.
as a nonimmigrant student. He resided with Mr. and Mrs. J. W.
Phillips in Miami, Florida; Mrs. Phillips is his father's cousin. On
On September 24, 1975, the Department of State submitted a report
November 21, 1972 in the Circuit Court of the Eleventh Judicial Cir-
on this legislation which reads as follows:
cuit, at Miami, Florida he was legally adopted by Mr. and Mrs. Phil-
lips and given the name of Eugene Homsy Phillips. A copy of the
DEPARTMENT OF STATE,
adoption decree is attached.
Washington, D.C., September 24, 1975.
The beneficiary received his bachelor's degree from the University
Hon. PETER W. RODINO, Jr.,
of Miami in 1972 and a master's degree from the University of Geor-
Chairman, Committee on the Judiciary,
gia in 1974. He is presently residing with his natural father in Beirut,
House of Representatives, Washington, D.C.
Lebanon.
The interested parties, John W. and Olga Cowart Phillips, are
DEAR MR. CHAIRMAN In reference to your request for a report con-
citizens of the United States, born here on August 24, 1919 and Nov-
cerning the case of Eugene Homsy Phillips, beneficiary of H.R. 8695,
ember 22, 1916, respectively. They were married May 27, 1944 and
94th Congress, there is enclosed a memorandum of information con-
no children were born to this union. Mr. Phillips has been employed
cerning the beneficiary. This memorandum has been submitted by the
as an engineer for the Florida Power and Light Company since 1952.
American Embassy at Beirut, Lebanon.
His income is approximately $25,000 per year and he has assets of
The bill would provide for the beneficiary's classification as a
approximately $150,000 in real estate and personal property. Mrs.
natural born son of John W. Phillips, Junior, and Olga Cowart
Phillips is not employed.
Phillips, American citizens. It also provides that the natural parents
H.R. 920
H.R. 920
4
5
of the beneficiary shall not, by virtue of such parentage, be accorded
Eugene-arrived in the United States in August of 1968, on a student
any right, privilege, or status under the Immigration and Nationality
visa. In 1972, he was graduated cum-laude from the University of
Act.
Miami with a major in history and French literature. Eugene pursued
Sincerely,
his education further, and, in 1974, he received his M.A from the
ROBERT J. McCLOSKEY,
University of Georgia with a major in colonial North African history.
Assistant Secretary for
During his stay in the United States, the Phillips, in essence, became
Congressional Relations.
Eugene's family. Because of the deep feelings the Phillips had for
Enclosure Memorandum of information.
Eugene, and he for them, Mr. and Mrs. Phillips adopted Eugene on
November 21, 1972.
[Submitted by the American Embassy at Beirut, Lebanon]
Being proficient in English, French, and Arabic, Eugene used his
linguistic abilities by working as a student assistant in language trans-
MEMORANDUM OF INFORMATION CONCERNING H.R. 8695 FOR THE
lation and research and in teaching French grammar at Miami-Dade
RELIEF OF EUGENE HOMSY PHILLIPS
Community: College. At the University of Miami, he worked in the
The beneficiary was born on July 17, 1947. in Beirut,
periodical library and was responsible for the Russian collection.
Lebanon. He is single and presently residing in Beirut where
Eugene, understandably, had hoped that he would be able to remain
he teaches English in a secondary school. He attended a
in the United States with his adopted mother and father. He wanted
French-language primary and secondary school, College du
to find a job, using the education he had worked so diligently to
Sacre Coeur, in Beirut. He attended the University of Miami
achieve, and participate fully in American life. However, since Eugene
from 1968 to 1972 when he received his B.A. in history and
was over the age of 14 when he was adopted, he derived no advantage
French literature. He then studied at the University of
under the immigration law by virtue of his adoption. Mr. and Mrs.
Georgia, receiving his M.A. in colonial North African history
Phillips and Eugene pursued all available administrative remedies
in 1974. His natural father and brother reside in Beirut,
that would allow Eugene to remain in the United States without suc-
Lebanon.
cess. Therefore, when his student visa expired, Eugene had- to leave
The beneficiary was legally adopted by John and Olga
both his adopted parents and his adopted country.
Phillips in Florida on November 21, 1972. He had lived with
Throughout the short time Eugene spent in the United States, he
the Phillips for 4 years and they financed his education.
demonstrated not only his scholastic intelligence but also his willing-
The beneficiary is ineligible for preference status under
ness to work hard for his achievements. Eugene Homsy Phillips
the provisions of section 203 (a) (1) of the Immigration and
greatly desires to return to the United States to be near his adopted
Nationality Act because he was over the age of 14 when he
parents and to become a U.S. citizen. The Phillips, of course; love
was adopted. He is chargeable to the foreign state limitation
Eugene, and want him to be with them. I am hopeful that this measure
for Lebanon.
to allow Eugene to reenter the United States will be given favorable
The Embassy's check of local records and clearance sources
consideration at an early date.
has provided no grounds for ineligibility and he has no police
Thank you.
record. The beneficiary underwent a complete medical exam-
ination on September 9, 1975, and was found to be in good
CONGRESS OF THE UNITED STATES,
health.
HOUSE OF REPRESENTATIVES,
Mr. Fascell submitted the following statement and letters in sup-
ashington, D.C., February 23, 1976.
port of his bill:
Hon, JOSHUA ELLBERG,
Rayburn House Office Building,
STATEMENT OF CONGRESSMAN DANTE B. FASCELL OF FLORIDA
Washington, D.C.
DEAR JOSH I understand that the above-referenced bill is on the
Mr. Chairman and members of the subcommittee, I appreciate hav-
Immigration Subcommittee's agenda for February 25. I, am writing
ing this opportunity to submit this statement in support of H.R. 8695,
to ask your assistance in expediting, consideration of this measure.
a bill which I introduced for the relief of Eugene Homsy Phillips.
Eugene Homsy Phillips was born in Beirut, Lehanon, and com-
Eugene Homsy Phillips was born on July 17, 1948, in Beirut,
pleted his primary and secondary education there. His wish, was to
Lebanon, and completed his primary and secondary education there.
come to the United States to continue his education, and he was en-
His wish was to come to the United States to continue his education,
couraged to pursue this objective by his American relatives, Mr. and
and he was encouraged to pursue this objective by his American rela-
Mrs. John W. Phillips of Miami. Mrs. Phillips was the cousin of
tives, Mr. and Mrs. John W. Phillips, Jr., of Miami, Fla. Mrs. Phillips
Eugene's mother who died when Eugene was 16, years old. Mr. and
was the cousin of Eugene's mother who died when Eugene was 16
Mrs. Phillips, having no children of their own. welcomed Eugene to
years/old. Mr. and Mrs. Phillips, having no children of their own,
this country, gave him a home. and financed his education. Because of
welcomed Eugene to this country, gavelhim a home and financed his
education.
the deep feelings the Phillips had for Eugene, and he for them, Mr.
and Mrs. # Phillips adopted Eugene in 1972.
H.R. 920
H.R. 920
6.
7
Since Eugene was over the age of 14 when he was adopted, he de-
Our son was obliged to return to his homeland after completing
rived no advantage under the Immigration law by virtue of his adop-
his studies since he was here on a student visa, although he opted to
tion. Therefore, when his student visa expired, Eugene had to leave
have the United States as his home and be near his adopted parents
both his adopted parents and his adopted country.
whom he loves very much.
Eugene Homsy Phillips greatly desires to return to the United
During our son's stay in the United States he was supported by his
States to. be near his adopted parents and to become a citizen of the
adopted parents, Mr. and Mrs. John W. Phillips, which was stated in
United States, The Phillips, of course, e.Eugene, and want him to
the memorandum from the American Embassy at Beirut, Lebanon.
be with them.
I hope my response to the questions asked by the chairman are
I am hopeful that you will favorably consider this measure so that
satisfactory
Eugene may reenter the United States. Thank you for your
As stated previously we have exhausted every avenue without suc-
consideration.
cess in getting our son back.
Cordially,
Thanking you for your concern and cooperation in attempting to
DANTE B. FASCELL,
resolve this matter, I remain,
Member of Congress.
Very truly yours,
JOHN W. PHILLIPS, Jr.
CONGRESS OF THE UNITED STATES,
BUDGETARY INFORMATION
HOUSE OF REPRESENTATIVES,
Washington, D.G., anuary 19, 1976.
This legislation does not provide new budget authority and no esti-
Hon. JOSHUA EILBERG,
mate or comparison has been received from the Director of the Con-
Chairman, Immigration Subcommittee, Judioiary Committee, House
gressional Budget Office.
of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: In response to your letter requesting further
OVERSIGHT STATEMENT
information about Eugene Homsy Phillips, the beneficiary of my bill,
H.R. 8695, I am enclosing a letter from Mr. John W. Phillips, Jr.,
The committee exercises general oversight jurisdiction with respect
to all immigration and nationality matters but no specific oversight is
Eugene's adoptive father.
contemplated in this instance.
In addition, Mr. Phillips contacted my office last week to advise that
Eugene was able to leáve Lebanon and is presently located in Aix-en-
COMMITTEE RECOMMENDATION
Provence, France.
If there is any other information that would be helpful to you and
Upon consideration of all the facts in this case, the committee is
the other members of the subcommittee, please do not hesitate to
of the opinion that H.R. 8695, as amended, should be enacted and ac-
contact me.
cordingly recommends that the bill do pass.
Thank you for your consideration.
Sincerely,
DANTE B. FASCELL,
Member of Congress.
MIAMI, FLA,, January 5, 1976.
Hon. DANTE FASCELL,
House of Representatives,
Washington, D.C.
DEAR CONGRESSMAN FASCELL: In receipt of your letter, along with
a copy of the letter from the chairman of the Immigration Subcom-
mitttee, I am forwarding the following information.
After meeting with the immigration authorities, to acquire perma-
nent resident status in the United States for our son, I was told that
a clearance order from the Manpower Commission, Department of
Labor, establishing that he has an offer of employment in'a position
for which there was insufficient workers available in the United States
was necessary, or to get married to an American citizen, which needless
to say did not come about.
H.R. 920
H.R. 920
Calendar No. 1046
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1112
EUGENE HOMSY PHILLIPS
AUGUST 4, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 8695]
The Committee on the Judiciary, to which was referred the bill
(H.R. 8695) for the relief of Eugene Homsy Phillips, having con-
sidered the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to facilitate the admission into the United
States of the adopted son of citizens of the United States.
STATEMENT OF FACTS
The beneficiary of this bill is a 28-year-old native and citizen of
Lebanon who was adopted in Florida in 1972 by citizens of the United
States while he was in the United States as a student. The adoptive
parents have no other children. The beneficiary returned to Lebanon
after completing his studies in the United States and presently resides
in France.
A letter, with attached memorandum, dated October 2, 1975 to the
chairman of the Committee on the Judiciary, House of Representa-
tives, from the Commissioner of Immigration and Naturalization with
reference to the bill reads as follows:
57-007
2
3
U.S. DEPARTMENT OF JUSTICE,
IMMIGRATION AND NATURALIZATION SERVICE,
In the Circuit Court of the Eleventh Judicial Circuit, in and for
Washington, D.C., October 2, 1975.
Dade County, Florida
A17-692-349.
Hon. PETER W. RODINO, Jr.,
Case No. 72-20504
Chairman, Committee on the Judiciary,
House of Representatives, Washington, D.C.
In re the petition of
DEAR MR. CHAIRMAN: In response to your request for a report rela-
JOHN W. PHILLIPS, Jr.
tive to the bill (H.R. 8695) for relief of Eugene Homsy Phillips, there
is attached a memorandum of information concerning the beneficiary.
AND
The bill provides that the twenty-eight year old beneficiary, who is
the adopted son of United States citizens, be held and considered to be
Olga COWART PHILLIPS, HIS WIFE
their natural-born son. The bill further provides that the natural par-
ents of the beneficiary shall not, by virtue of such parentage, be ac-
FINAL DECREE OF ADOPTION
corded any right, privilege or status under the Immigration and Na-
tionality Act. The Committee may also wish to include the beneficiary's
THIS CAUSE coming on to be heard upon the verified petition for
brother in this proviso.
Adoption filed herein and the Consent for Adoption, and it appear to
Absentenactment of the bill, the beneficiary, a native of Labanon, is
the Court that the Petitioners are fit and proper persons to adopt the
chargeable to the nonpreference portion of the numerical limitation
adoptee herein, and that the best interest of said adoptee will be pro-
for immigrants and conditional entrants from countries in the Eastern
moted by this adoption, and that the adoptee is suitable for adoption
Hemisphere.
by the Petitioners, John W. Phillips, Jr., and Olga Cowart Phillips,
Sincerely,
his wife, and the Court being otherwise fully advised in the premises,
L. F. CHAPMAN, Jr.,
it is hereby
Commissioner.
ORDERED and ADJUGED as follows:
Enclosure.
1. That Eugene Joseph Homsy be and he is hereby declared to be
the legal heir of the Petitioners, John W. Phillips, Jr., and Olga
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
Cowart Phillips, his wife, and he is hereby given the name of Eugene
NATURAIZATION SERVICE FILES RE H.R. 8695
Homsy Phillips, by which name he shall hereafter be known.
The beneficiary, Eugene Homsy Phillips, was born Eugene Joseph
2. That Eugene Homsy Phillips shall be the legal heir of the Peti-
Homsy on July 17, 1947, in Beirut, Lebanon. His father, Joseph
tioners, John W. Phillips, Jr., and Olga Cowart Phillips, his wife,
Homsy was born in Lebanon and resides there. His mother, Claire
entitled to all rights and privileges, and subject to all obligations as
Chahine, was born in Lebanon and is deceased. He has one brother
if born to the Petitioners in lawful wedlock.
residing in Lebanon.
DONE and ORDERED in Chambers at Miami, Dade County, Florida,
The beneficiary was admitted to the United States August 17, 1968
this 21st day of November, 1972.
as a nonimmigrant student. He resided with Mr. and Mrs. J. W.
GENE WILLIAMS,
Phillips in Miami, Florida; Mrs. Phillips is his father's cousin. On
Circuit Court Judge.
November 21, 1972 in the Circuit Court of the Eleventh Judicial Cir-
cuit; at Miami, Florida he was legally adopted by Mr. and Mrs. Phil-
On September 24, 1975, the Department of State submitted a report
lips and given the name of Eugene Homsy Phillips. A copy of the
on this legislation which reads as follows:
adoption decree is attached.
The beneficiary received his bachelor's degree from the University
DEPARTMENT OF STATE,
of Miami in 1972 and a master's degree from the University of Geor-
Washington, D.C., September 24, 1975.
gia, in 1974. He is presently residing with his natural father in Beirut,
Hon. PETER W. RODINO, Jr.,
Lebanon.
Chairman, Committee on the Judiciary,
The interested parties, John W. and Olga Cowart Phillips, are
House of Representatives, Washington, D.C.
citizens of the United States, born here on August 24, 1919 and Nov-
DEAR MR. CHAIRMAN: In reference to your request for a report con-
ember 22, 1916, respectively. They were married May 27, 1944 and
cerning the case of Eugene Homsy Phillips, beneficiary of H.R. 8695,
no children were born to this union. Mr. Phillips has been employed
94th Congress, there is enclosed a memorandum of information con-
as an engineer for the Florida Power and Light Company since 1952.
cerning the beneficiary. This memorandum has been submitted by the
His income is approximately $25,000 per year and he has assets of
American Embassy at Beirut, Lebanon.
approximately $150,000 in real estate and personal property. Mrs.
The bill would provide for the beneficiary's classification as a
Phillips is not employed.
natural born son of John W. Phillips, Junior, and Olga Cowart
Phillips, American citizens. It also provides that the natural parents
S.R. 1112
S.R. 1112
4
5
of the beneficiary shall not, by virtue of such parentage, be accorded
any right, privilege, or status under the Immigration and Nationality
welcomed Eugene to this country, gave him a home and financed his
education.
Act.
Sincerely,
Eugene arrived in the United States in August of 1968, on a student
visa. In 1972, he was graduated cum-laude from the University of
ROBERT J. McCLOSKEY,
Miami with a major in history and French literature. Eugene pursued
Assistant Secretary for
his education further, and, in 1974, he received his M.A. from the
Congressional Relations.
University of Georgia with a major in colonial North African history.
Enclosure: Memorandum of information.
During his stay in the United States, the Phillips, in essence, became
Eugene's family. Because of the deep feelings the Phillips had for
[Submitted by the American Embassy at Beirut, Lebanon]
Eugene, and he for them, Mr. and Mrs. Phillips adopted Eugene on
November 21, 1972.
Being proficient in English, French, and Arabic, Eugene used his
MEMORANDUM OF INFORMATION CONCERNING H.R. 8695 FOR THE
linguistic abilities by working as a student assistant in language trans-
RELIEF OF EUGENE HOMSY PHILLIPS
lation and research and in teaching French grammar at Miami-Dade
The beneficiary was born on July 17, 1947, in Beirut,
Community College. At the University of Miami, he worked in the
Lebanon. He is single and presently residing in Beirut where
periodical library and was responsible for the Russian collection.
he teaches English in a secondary school. He attended a
Eugene, understandably, had hoped that he would be able to remain
French-language primary and secondary school, College du
in the United States with his adopted mother and father. He wanted
Sacre Coeur, in Beirut. He attended the University of Miami
to find a job, using the education he had worked so diligently to
from 1968 to 1972 when he received his B.A. in history and
achieve, and participate fully in American life. However, since Eugene
French literature. He then studied at the University of
was over the age of 14 when he was adopted, he derived no advantage
Georgia, receiving his M.A. in colonial North African history
under the immigration law by virtue of his adoption, Mr. and Mrs.
in 1974. His natural father and brother reside in Beirut,
Phillips and Eugene pursued all available administrative remedies
Lebanon.
that would allow Eugene to remain in the United States without suc-
The beneficiary was legally adopted by John and Olga
cess. Therefore, when his student visa expired, Eugene had to leave
Phillips in Florida on November 21, 1972. He had lived with
both his adopted parents and his adopted country.
the Phillips for 4 years and they financed his education.
Throughout the short time Eugene spent in the United States, he
The beneficiary is ineligible for preference status under
demonstrated not only his scholastic intelligence but also his willing-
the provisions of section 203 (a) (1) of the Immigration and
ness to work hard for his achievements. Eugene Homsy Phillips
Nationality Act because he was over the age of 14 when he
greatly desires to return to the United States to be near his adopted
was adopted. He is chargeable to the foreign state limitation
parents and to become a U.S. citizen. The Phillips, of course, love
for Lebanon.
Eugene, and want him to be with them. I am hopeful that this measure
The Embassy's check of local records and clearance sources
to allow Eugene to reenter the United States will be given favorable
has provided no grounds for ineligibility and he has no police
consideration at an early date.
record. The beneficiary underwent a complete medical exam-
Thank you.
ination on September 9, 1975, and was found to be in good
health.
CONGRESS OF THE UNITED STATES,
Congressman Dante B. Fascell, the author of the bill, has submitted
HOUSE OF REPRESENTATIVES,
the following information in connection with the case:
Washington, D.C., February 23, 1976.
Hon. JOSHUA EILBERG,
STATEMENT OF CONGRESSMAN DANTEE B. FASCELL OF FLORIDA
Rayburn House Office Building,
Washington, D.C.
Mr. Chairman and members of the subcommittee, I appreciate hav-
DEAR Josh: I understand that the above-referenced bill is on the
ing this opportunity to submit this statement in support of H.R. 8695,
a bill which I introduced for the relief of Eugene Homsy Phillips.
Immigration Subcommittee's agenda for February 25. I am writing
Eugene Homsy Phillips was born on July 17, 1948, in Beirute,
to ask your assistance in expediting consideration of this measure.
Lebanon, and completed his primary and secondary education there.
Eugene Homsy Phillips was born in Beirut, Lebanon, and com-
His wish was to come to the United States to continue his education,
pleted his primary and secondary education there. His wish was to
and he was encouraged to pursue this objective by his American rela-
come to the United States to continue his education, and he was en-
tives, Mr. and Mrs. John W. Phillips, Jr., of Miami, Fla. Mrs. Phillips
couraged to pursue this objective by his American relatives, Mr. and
was the cousin of Eugene's mother who died when Eugene was 16
Mrs. John W. Phillips of Miami. Mrs. Phillips was the cousin of
years old. Mr. and Mrs. Phillips, having no children of their own,
Eugene's mother who died when Eugene was 16 years old. Mr. and
Mrs. Phillips, having no children of their own, welcomed Eugene to
S.R. 1112
S.R. 1112
7
6
was necessary, or to get married to an American citizen, which needless
this country, gave him a home, and financed his education. Because of
to say did not come about.
the deep feelings the Phillips had for Eugene, and he for them, Mr.
Our son was obliged to return to his homeland after completing
and Mrs. Phillips adopted Eugene in 1972.
his studies since he was here on a student visa, although he opted to
Since Eugene was over the age of 14 when he was adopted, he de-
have the United States as his home and be near his adopted parents
rived no advantage under the Immigration law by virtue of his adop-
whom he loves very much.
tion. Therefore, when his student visa expired. Eugene had to leave
During our son's stay in the United States he was supported by his
both his adopted parents and his adopted country.
adopted parents, Mr. and Mrs. John W. Phillips, which was stated in
Eugene Homsy Phillips greatly desires to return to the United
the memorandum from the American Embassy at Beirut, Lebanon.
States to be near his adopted parents and to become a citizen of the
I hope my response to the questions asked by the chairman are
satisfactory!
United States, The Phillips, of course, love Eugene, and want him to
As stated previously we have exhausted every avenue without suc-
be with them.
cess in getting our son back.
I am hopeful that you will favorably consider this measure so that
Eugene may reenter the United States. Thank you for your
Thanking you for your concern and cooperation in attempting to
resolve this matter, I remain,
consideration.
Very truly yours,
Cordially,
DANTE B. FASCELL,
JOHN W. PHILLIPS, Jr.
Member of Congress.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 8695) should be enacted.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., anuary 19, 1976.
Hon. JOSHUA EILBERG,
Chairman, Immigration Subcommittee, Judiciary Committee, House
of Representatives, W ashington, D.C.
DEAR MR. CHAIRMAN: In response to your letter requesting further
information about Eugene Homsy Phillips, the beneficiary of my birl,
H.R. 8695, I am enclosing a letter from Mr. John W. Phillips, Jr.,
Eugene's adoptive father.
In addition, Mr. Phillips contacted my office last week to advise that
Eugene was able to leave Lebanon and is presently located in Aix-en-
Provence, France.
If there is any other information that would be helpful to you and
the other members of the subcommittes, please do not hesitate to
contact me.
Thank you for your consideration.
Sincerely,
DANTE B. FASCELL,
Member of Congress.
MIAMI, Faa., January 5, 1976.
Hon. DANTE FASCELL,
House of Representatives,
Washington, D.C.
DEAR CONGRESSMAN FASCELL: In receipt of your letter, along with
a copy of the letter from the chairman of the Immigration Subcom-
mittee, I am forwarding the following-information.
After meeting with the immigration authorities, to acquire perma-
nent resident status in the United States for our son, I was told that
a clearance order from the Manpower Commission, Department of
Labor, establishing that he has an offer of employment in a position
for which there was insufficient workers available in the United States
S.R. 1112
S.R. 1112
LIBRARY
FORDS
H. R. 8695
STATES
Ninety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
For the relief of Eugene Homsy Phillips.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That for the pur-
poses of section 203 (a) (1) and 204 of the Immigration and National-
lips, natural-born ity Act, citizens Eugene of son the Homsy of United John Phillips W. States: Phillips, shall Provided, be Junior, held That and and considered the Olga natural Cowart to parents be Phil- the
or brothers or sisters of the beneficiary shall not, by virtue of such
parentage, be accorded any right, privilege, or status under the Immi-
gration and Nationality Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.