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1976/08/14 HR2278 Relief of Mrs Mary Saxton (Mary Nuku)
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1976/08/14 HR2278 Relief of Mrs Mary Saxton (Mary Nuku)
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The original documents are located in Box 53, folder "8/14/76 HR2278 Relief of Mrs Mary Saxton (Mary Nuku)" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. 88/14/76 AUPROVED ACTION THE WHITE HOUSE WASHINGTON Last Day: August 21 August 13, 1976 MEMORANDUM FOR THE PRESIDENT Posted FROM: JIM CANNON Jan 8/16/76 SUBJECT: H.R. 2278 - Relief of Mrs. Mary Saxton (Mary Nuku) archives Attached for your consideration is H.R. 2278, sponsored 8/16/76 by Representative Brademas, which would grant immediate relative status to the beneficiary, an alien widow of a United States citizen. Additional information is provided in OMB's enrolled bill report 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. 2278 at Tab B. R. FORD LIBRARY Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library OF THE PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE UNITED OFFICE OF MANAGEMENT AND BUDGET STRUTIVE STATES WASHINGTON, D.C. 20503 AUG 12 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 2278 - Relief of Mrs. Mary Saxton (Mary Nuku) Sponsor - Rep. Brademas (D) Indiana Last Day for Action August 21, 1976 - Saturday Purpose To grant the status of immediate relative to the alien widow of a United States citizen. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The beneficiary is a 34-year-old native and citizen of Tonga who currently resides in Indiana. On January 12, 1971, the beneficiary entered the United States on a student visa valid for three years. On December 17, 1973, she married Mr. Chester Saxton, an American citizen, who died on February 9, 1974. At the time of his marriage to the bene- ficiary, Mr. Saxton filed an immediate relative petition on her behalf. This petition, however, had not been adjudicated at the time of Mr. Saxton's death and deportation proceedings have been instituted against her. 2 The enrolled bill would permit the classification of the bene- ficiary as a spouse of an American citizen and the granting to her of immediate relative status. She could thus remain in the United States. James m. Director Trey for Legislative Reference Enclosures DEPARTMENT OF STATE State Washington, D.C. 20520 AUG 11 1976 Dear Mr. Lynn: Reference is made to Mr. Frey's communication of August 9, 1976, transmitting for comment enrolled bills, H.R. 1425, "For the relief of Juliet Elizabeth Tozzi", H.R. 2118, "For the relief of Chery 1 Lynn V. Camacho", and H.R. 2278, "For the relief of Mrs. Mary Saxton (Mary Nuku) This Department has no objection to the enact- ment of these bills. Sincerely yours, Hemp Kempton B. Jenkins Acting Assistant Secretary for Congressional Relations The Honorable James T. Lynn Director, Office of Management and Budget. UNITED STATES DEPARTMENT OF JUSTICE PLEASE ADDRESS REPLY TO IMMIGRATION AND NATURALIZATION SERVICE Washington 25, D.C. AND REFER TO THIS FILE NO. OFFICE OF THE COMMISSIONER 11 AUG 1976 A19 734 275 TO : OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Enrolled Private Bill No. H.R. 2278 ; Office of Management and Budget request dated August 9, 1976. Beneficiary or Beneficiaries Mrs. Mary Saxton (Mary Nuku). 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: Recommends approval of the bill X Interposes no objection to approval of the bill 8. YORD UBRAHT Sincerely, Commissioner CO Form 18 (REV. 1-17-72) EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 AUG 12 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 2278 - Relief of Mrs. Mary Saxton (Mary Nuku) Sponsor - Rep. Brademas (D) Indiana Last Day for Action August 21, 1976 - Saturday Purpose To grant the status of immediate relative to the alien widow of a United States citizen. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The beneficiary is a 34-year-old native and citizen of Tonga who currently resides in Indiana. On January 12, 1971, the beneficiary entered the United States on a student visa valid for three years. On December 17, 1973, she married Mr. Chester Saxton, an American citizen, who died on February 9, 1974. At the time of his marriage to the bene- ficiary, Mr. Saxton filed an immediate relative petition on her behalf. This petition, however, had not been adjudicated at the time of Mr. Saxton's death and deportation proceedings have been instituted against her. 2 The enrolled bill would permit the classification of the bene- ficiary as a spouse of an American citizen and the granting to her of immediate relative status. She could thus remain in the United States. James m. Director Trey for Legislative Reference Enclosures THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: August 12 700 pm FOR ACTION: Hick Parsons or cc (for information): Jack Masah NSC7S Max Friedersdorf avou or Jim Cavanaugh Ed Schmults Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: August 13 Time: 200pm SUBJECT: H.R. 2278 - relief of Mrs. Mary Saxton ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing 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: Time: August 12 700pm FOR ACTION: Dick Parsons cc (for information): Jack Marsh NSC/S Jim Cavanaugh Max Friedersdorf w Ken Lazarus 6 Ed Schmults FROM THE STAFF SECRETARY DUE: Date: August 13 Time: 200pm SUBJECT: H.R. 2278 - relief of Mrs. Mary Saxton ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing FORD LIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material. please M Cannon THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: August 12 700pm FOR ACTION: Dick Parsons cc (for information): Jack Marsh NSC/S Jim Cavanaugh Max Friedersdorf Ed Schmults Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: August 13 Time: 200pm SUBJECT: H.R. 2278 - relief of Mrs. Mary Saxton ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: Approve. RAP please return to judy johnston, ground floor west wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delaw in aubmitting the required material please Cennon THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: Time: August 12 700pm FOR ACTION: Dick Parsons cc (for information): Jack Marsh NSC/S Jim Cavanaugh Max Friedersdorf Ed Schmults Ken Lazarus FROM THE STAFF SECRETARY DUE: Date: August 13 Time: 200pm SUBJECT: H.R. 2278 - relief of Mrs. Mary Saxton ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing No objection Ken Lazarus PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a ............ the required material please Cannon MEMORANDUM NATIONAL SECURITY COUNCIL 4617 August 13, 1976 MEMORANDUM FOR: JAMES M. CANNON FROM: Jeanne W. Da om SUJBECT: H.R. 2278 The NSC staff concurs with the proposed enrolled bill-H. R. 2278- relief of Mrs. Mary Saxton. 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-777 MRS. MARY SAXTON (MARY NUKU) JANUARY 22, 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. 2278] The Committee on the Judiciary, to whom was referred the bill (H.R. 2278), for the relief of Mrs. Mary Saxton (Mary Nuku), hav- ing considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to restore immediate relative status to Mrs. Mary Saxton. GENERAL INFORMATION The beneficiary of this bill is a 34-year-old native and citizen of Tonga who was admitted to the United States as a student in Janu- ary of 1971. She married a citizen of the United States on December 17, 1973 who died in February of the following year. She is the beneficiary of a trust fund established by her late husband who had also filed a visa petition in her behalf which had not been adjudicated at the time of his death. The pertinent facts in this case are contained in a letter dated No- vember 5, 1974 from the Commissioner of the Immigration and Nat- uralization Service to the chairman of the Committee on the Judiciary, regarding a. bill then pending for the relief of the same person. The letter and accompanying memorandum read as follows: U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., November 5, 1974. FORD A-19734275. Hon. PETER W. RODING, Jr., LIBRARY Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: In response to your request for a report rela- tive to the bill (H.R. 16418) for the relief of Mrs. Mary Saxton (Mary 57-007 2 3 Nuku), there is attached a memorandum of information concerning the beneficiary. defray the cost of her round-trip fare. The beneficiary was issued a The bill would provide that the beneficiary, the widow of a citizen student visa on December 30, 1970, to enable her to study bookkeep- of the United States, may be classified as the spouse of a citizen of the ing at an adult school for 2 years. United States and be granted immediate relative status. Sincerely, Absent enactment of the bill, the beneficiary, a native of Tonga, ROBERT J. McCLoskey, would be chargeable to the nonpreference portion of the numerical Assistant Secretary for Congressional Relations. limitation for immigrants and conditional entrants from countries in the Eastern Hemisphere, Mr. Brademas submitted the following letter in support of his bill: Sincerely, L. F. CHAPMAN, JE, HOUSE OF REPRESENTATIVES, Commissioner. Washington, D.C., December 30, 1975. Hon. JOSHUA EILBERG, Enclosure. Chairman, Subcommittee on Immigration, Citizenship, and Interna- tional Law, Washington, D.C. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE H.R. 16418 DEAR MR. CHAIRMAN: I very much appreciate the attention that the Subcommittee on Immigration, Citizenship, and International Law The beneficiary, Mrs. Mary Saxton (Mary Nuku), a native and citizen of Tonga, was born on October 8, 1941. She lives Nuku). has given to H.R. 2278, a bill for the relief of Mrs. Mary Saxton (Mary in Mishawaka, Ind. She completed 12 years of school in her It is my understanding that Mary Nuku, a native of Tonga, came to native country and 2 years in a commercial school in the the United States in January 1971, as a nonimmigrant student. During United States. The beneficiary is employed as an inspector the term of her visa she studied secretarial skills. and bookkeeper. She has earnings in the amount of $644 a In December 1973, she married Mr. Chester Saxton, an American month from employment and rentals. citizen. Mr. Saxton passed away in February 1974. The beneficiary married a citizen of the United States who It is my understanding that the Saxtons' attempted to have the was born on November 15, 1900. They were married on De- terms of Mrs. Saxton's visa changed following her marriage but that cember 17, 1973 and he died on February 9, 1974. A visa peti- this process was not completed prior to Mr. Saxton's death. tion filed by Mr. Saxton to accord her immediate relative Mrs. Saxton is a highly regarded member of the local community, a status had not been adjudicated at the time of his death. A fact to which dozens of my constituents have attested, who, but for the trusto fund established by Mr. Saxton for the beneficiary is untimely death of her husband would have qualified as an immediate valued at $150,000. Mrs. Saxton also received real estate worth relative and thereby become a permanent resident of this country. $82,000 and personal property valued at $45,700. Her parents, It is for this reason that I hope the subcommittee will act favorably her brothers, and her sister live in Tonga. on H.R. 2278, classifying Mrs. Saxton as an immediate relative (with- The beneficiary entered the United States on January 12, out the requirement of an approved petition) for purposes of the Im- 1971 as a nonimmigrant student and was authorized to remain migration and Nationality Act. until January 11, 1974. Deportation proceedings were Thank you for your attention to this matter. instituted against her on October 8, 1974, on the grounds that Sincerely, she had remained longer than permitted. JOHN BRADEMAS, A report submitted by the Department of State on May 15, 1975, Member of Congress. reads as follows: BUDGETARY INFORMATION DEPARTMENT OF STATE, Washington, D.C., May 15, 1975. This legislation does not provide new budget authority and no esti- Hon. PETER W. RODINO, Jr, mate or comparison has been received from the Director of the Con- Chairman, Committee on the Judiciary, House of Representatives, gressional Budget Office. Washington, D.C. DEAR MR. CHAIRMAN: Reference is made to your request for a report OVERSIGHT STATEMENT concerning the case of Mrs. Mary Saxton (Mary Nuku), beneficiary of The committee exercises general oversight jurisdiction with respect H.R. 2278, 94th Congress to all immigration and nationality matters but no specific oversight is The bill would classify the beneficiary as an immediate relative contemplated in this instance. without the requirement of an approved petition on her behalf. The American Embassy at Suva, Fiji, has reported that the here- COMMITTEE RECOMMENDATIONS ficiary was born on August 10, 1941 in Tonga. Her visa application indicated her occupation as sales girl and cashier and her marital Upon consideration of all the facts in this case, the Committee is of status as single. She stated that her uncle in the United States would the opinion that H.R. 2278 should be enacted and accordingly recom- mends that the bill do pass. H.R. 777 H.R. 777 T Calendar No. 1025 94TH CONGRESS 2d Session ~ SENATE REPORT No. 94-1091 MRS. MARY SAXTON (MARY NUKU) AUGUST 4, 1976.-Ordered to be printed Mr. EASTLAND, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 2278] The Committee on the Judiciary, to which was referred the bill (H.R. 2278), for the relief of Mrs. Mary Saxton (Mary Nuku), having considered 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 grant the status of an immediate relative to Mrs. Mary Saxton (Mary Nuku) to which status she would be en- titled were it not for the death of her husband, a citizen of the United States. STATEMENT OF FACTS The beneficiary of the bill is a 34-year-old native and citizen of Tonga who currently resides in Mishawaka, Indiana where she is em- ployed as an inspector and bookkeeper. On December 17, 1973 the beneficiary married a U.S. citizen who filed an immediate relative petition in her behalf. However, the petition had not been adjudicated at the time of her spouse's death on February 9, 1974. A letter, with attached memorandum, dated November 5, 1974 to the Chairman of the House Committee on the Judiciary from the Com- missioner of Immigration and Naturalization with reference to H.R. 16418, a similar bill introduced in the 93d Congress, reads as follows: 57-007 2 3 U.S. DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., May 15, 1975. Washington, D.C., November 5n 1974. Hon. PETER W. RODINO, Jr., A-19734275. Chairman, Committee on the Judiciary, House of Representatives, Hon. PETER W. RODINO, Jr., Vaskington, D.C. Chairman, Committee on the Judiciary, DEAR MR. CHAIRMAN: Reference is made to your request for a report House of Representatives, Washington, D.C. concerning the case of Mrs. Mary Saxton (Mary Nuku), beneficiary of DEAR MR. CHAIRMAN: In response to your request for a report rela- H.R. 2278, 94th Congress. tive to the bill (H.R. 16418) for the relief of Mrs. Mary Saxton (Mary The bill would classify the beneficiary as an immediate relative Nuku), there is attached à memorandum of information concerning without the requirement of an approved petition on her behalf. the beneficiary. The American Embassy at Suva, Fiji, has reported that the bene- The bill would provide that the beneficiary, the widow of a citizen ficiary, was born on August 10, 1941 in Tonga. Her visa application of the United States, may be classified as the spouse of a citizen of the indicated her occupation as sales girl and cashier and her marital United States andibe grantedimmediate relative status. status as single. She stated that her uncle in the United States would Absent enactment of the bill, the beneficiary, a native of Tonga, defray the cost of her round-trip fare. The beneficiary was issued a would be chargeable to the nonpreference portion of the numerical student visa on December 30, 1970, to enable her to study bookkeep- limitation for immigrants and conditional entrants from countries in ing at an adult school for 2 years. the Eastern Homisphere. Sincerely, Sincerely, ROBERT J. McCLOSKEY, L. F. CHAPMAN, Jr., Assistant Secretary for Congressional Relations. Commissioner. Enclosure. Congressman John Brademas, the author of the bill, submitted the following supporting information; MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE H.R. 16148 HOUSE OF REPRESENTATIVES, The beneficiary, Mrs. Mary Saxton (Mary Nuku), a native Washington, D.C., December 30, 1975. Hon. JOSHUA EILBERG, and citizen of Tonga, was born on October 8, 1941. She lives Chairman, Subcommittee on Immigration, Citizenship, and Interna- in Mishawaka, Ind. She completed 12 years of school in her tional Law, Washington, D.C. native country and 2 years in a commercial school in the United States. The beneficiary is employed as an inspector DEAR MR. CHAIRMAN I very much appreciate the attention that the Subcommittee on Immigration, Citizenship! and International Law and bookkeeper. She has earnings in the amount of $644 a month from employment and rentals. has given to H.R. 2278, a bill for the relief of Mrs. Mary Saxton (Mary Nuku). The beneficiary married a citizen of the United States who was born on November 15, 1900. They were married on Der It is my understanding that Mary Nuku, a native of Tonga, came to cember 17, 1973 and he died on February 9, 1974. A visa peti- the United States in January 1971, as a nonimmigrant student. During the term of her visa she studied secretarial skills. tion filed by Mr. Saxton to accord her immediate relative status had not been adjudiçated at the time of his death. A In December 1973, she married Mr. Chester Saxton, an American trust fund established by Mr. Saxton for the beneficiary is citizen. Mr. Saxton passed away in February 1974. valued at $150,000. Mrs. Saxton also received real estate worth It is my understanding that the Saxton's attempted to have the $82,000 and personal property valued at $45,700. Her parents, terms of Mrs. Saxton's visa changed following her marriage but that this process was not completed prior to Mr. Saxton's death. her brothers, and her sister live in Tonga. The beneficiary entered the United States on January 12, Mrs. Saxton is a highly regarded member of the local community, a 1971 as a nonimmigrant student and was authorized to re- fact to which dozens of my constituents have attested, who, but for the main until January 11, 1974. Deportation proceedings were untimely death of her husband would have qualified as an immediate instituted against her on October 8, 1974, on the grounds that relative and thereby become a permanent resident of this country. she had remained longer than permitted. It is for this reason that I hope the subcommittee will act favorably on H.R. 2278, classifying Mrs. Saxton as an immediate relative (with- A report dated May 15, 1975 to the Chairman of the House Com- out the requirement of an approved petition) for purposes of the Im- mittee on the Judiciary from the then Assistant Secretary for Con- migration and Nationality Act. gressional Relations, Department of State, reads as follows: Thank you for your attention to this matter. Sincerely, JOHN BRADEMAS, Member of Congress. S.R. 1091 S.R. 1091 4 The Senate Committee on the Judiciary received the following supplemental information from the Immigration and Naturalization Service: U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., May 4, 1976. A-19734275 Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This refers to H.R. 2278 in behalf of Mrs. Mary Saxton (Mary Nuku). The bill passed the House of Rep- resentatives on February 3, 1976 and is now before your Committee. In response to your recent inquiry concerning any immediate rela- tives of the beneficiary's late spouse, Chester Saxton, the following information was furnished by the beneficiary: That Mr. Saxton's first wife is deceased; that there were two children from this marriage: a boy and a girl; that the boy lives in Iowa; that the girl is deceased; that the girl had children (exact number un- known) ; that the beneficiary has never met Mr. Saxton's children or his grandchildren and that she does not know where they reside. According to the beneficiary, Mr. Saxton's estate has been settled and the will was not contested. The bulk of the estate went to the beneficiary while Mr. Saxton's son and grandchildren received a sizable inheritance. Sincerely, L. F. CHAPMAN, Jr., Commissioner. The committee, after consideration of all the facts in the case, is of the opinion that the bill (H.R. 2278) should be enacted. S.R. 1091 H. R. 2278 Ainety-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 Mrs. Mary Saxton (Mary Nuku). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the admin- istration of the Immigration and Nationality Act, Mrs. Mary Saxton (Mary Nuku), the widow of a citizen of the United States, shall be held and considered to be within the purview of section 201 (b) of that Act and the provisions of section 204 of such Act shall not be applicable in this case. Speaker of the House of Representatives. Vioe-President of the United States and President of the Senate.