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The original documents are located in Box 45, folder "5/22/76 HR5227 Relief of Frank Mark Russell" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. 5/5/22 ACTION THE WHITE HOUSE WASHINGTON Last Day: May 24 May 19, 1976 Posted MEMORANDUM FOR THE PRESIDENT 15/22/76 FROM: JIM CANNO SUBJECT: H.R. 5227 Relief of Frank archives. Mark Russell 05/24/76 Attached for your consideration is H.R. 5227, sponsored by Representative Stanton, which would grant retroactive permanent residence status to an alien adopted as an infant by U.S. citizens 27 years ago and raised in the United States. The beneficiary is married to a U.S. citizen and was unaware of his alien birth until he applied for a passport in 1973. Additional information is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus), NSC and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 5227 at Tab B. R. DELIVE FROM Digitized from Box 45 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library PRESENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET STATES WASHINGTON, D.C. 20503 MAY 18 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 5227 - Relief of Frank Mark Russell Sponsor - Rep. Stanton (R) Ohio Last Day for Action May 24, 1976 - Monday Purpose To grant retroactive permanent resident status to an alien adopted as an infant by U.S. citizens 27 years ago and raised in the United States. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The enrolled bill would grant permanent residence status retro- active to September 1, 1948 and immediate eligibility for naturalization to Mr. Frank M. Russell, a 27 year old native and citizen of Canada, who has resided in the United States since infancy as the adopted son of U.S. citizens. Mr. Russell is married to a U.S. citizen and is employed as a juvenile officer for the State of Ohio. At the age of one week on September 1, 1948, Mr. Russell was released for adoption by his natural mother and entered the U.S. without a visa in the care of his prospective parents who adopted him in Cleveland, Ohio, on March 4, 1949. The benefi- ciary was unaware of his alien birth until he applied for a CORD LIBRARY 2 passport in 1973. On March 1, 1974, the Immigration and Naturalization Service determined that Mr. Russell had never been granted an immigrant visa and directed him to depart the country within one year; however, deportation proceedings have not been instituted and INS has permitted him to stay in the U.S. pending the outcome of this legislation. Finally, on August 27, 1975, INS approved an immediate relative visa petition submitted in behalf of Mr. Russell by his wife. However, current law precludes Mr. Russell from adjustment of status while in the U.S., and he must return to Canada to apply for an immigrant visa. Upon receipt of an immigrant visa, Mr. Russell would have to wait five years before he is eligible for naturalization. Approval of the enrolled bill would authorize the adjustment of Mr. Russell's immigration status to that of permanent resident alien retroactive to September 1, 1948 without him having to return to Canada. He would then be eligible to apply for immediate naturalization. James m.Frey Assistant Director for Legislative Reference Enclosure EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 5-18-96 MAY 18 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 5227 - Relief of Frank Mark Russell Sponsor - Rep. Stanton (R) Ohio Last Day for Action May 24, 1976 - Monday Purpose To grant retroactive permanent resident status to an alien adopted as an infant by U.S. citizens 27 years ago and raised in the United States. Agency Recommendations Office of Management and Budget Approval Immigration and Naturalization Service Approval Department of State No objection Discussion The enrolled bill would grant permanent residence status retro- active to September 1, 1948 and immediate eligibility for naturalization to Mr. Frank M. Russell, a 27 year old native and citizen of Canada, who has resided in the United States since infancy as the adopted son of U.S. citizens. Mr. Russell is married to a U.S. citizen and is employed as a juvenile officer for the State of Ohio. At the age of one week on September 1, 1948, Mr. Russell was released for adoption by his natural mother and entered the U.S. without a visa in the care of his prospective parents who adopted him in Cleveland, Ohio, on March 4, 1949. The benefi- ciary was unaware of his alien birth until he applied for a Attached document was not scanned because it is duplicated elsewhere in the document THE_WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: May 19 Time: 845am FOR ACTION: NSC/S CC (for information): Jack Marsh Max Friedersdorfo Jim Cavanaugh Ken Lazarus Ed Schmults FROM THE STAFF SECRETARY DUE: Date: May 19 Time: 500pm SUBJECT: H.R. 2776 - Relief of Candido Badua H.R. 4038 - Relief of Jennifer Ann Blum H.R. 8863 - Relief of Randy E. Crismundo H.R. 2776 - Relief of Candido Badua ACTION REQUESTED: H.R. 5227 - Relief of Frank Mark Russell For Necessary Action For Your Recommendations Prepare Agenda an 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: May 19 Time: 845am FOR ACTION: NSC/S CC (for information): Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults FROM THE STAFF SECRETARY DUE: Date: May 19 Time: 500pm SUBJECT: H.R. 2776 - Relief of Candido Badua H.R. 4038 - Relief of Jennifer Ann Blum H.R. 8863 - Relief of Randy E. Crismundo ACTION REQUESTED: H.R. 5227 - Relief of Frank Mark Russell 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 5/19/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President MEMORANDUM NATIONAL SECURITY COUNCIL 2916 May 19, 1976 MEMORANDUM FOR: JAMES M. CANNON FROM: JEANNE W. DA 0m SUBJECT: H.R. 2776 are H.R. 4038 H.R. 8863 - H.R. 5227 The NSC Staff has no objection to the President's approval of enrolled bills 2776, 4038, 8863 and 5227. UNITED STATES DEPARTMENT OF JUSTICE IMMIGRATION AND NATURALIZATION SERVICE PLEASE ADDRESS REPLY TO Washington 25, D.C. OFFICE OF THE COMMISSIONER AND REFER TO THIS FILE NO. 13 MAY 1976 A20 137 694 TO : OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Enrolled Private Bill No. H.R. 5227 ; Office of Management and Budget request dated May 12, 1976. Beneficiary or Beneficiaries Frank M. Russell 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, Devapment Commissione CO Form 18 (REV. 1-17-72) DEPARTMENT OF STATE I Washington, D.C. 20520 MAY 14 1976 Dear Mr. Lynn: Reference is made to Mr. Frey's communication of May 12, 1976, transmitting for comment enrolled bill H.R. 5227, "For the relief of Frank M. Russell". This Department's files contain no information identifiable with the above-cited alien, and in the absence of any derogatory information, this Department has no objection to the enactment of this bill. Sincerely yours, Robert June Closkey Robert J. McCloskey Assistant Secretary for Congressional Relations The Honorable James T. Lynn Director, Office of Management and Budget. 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-778 FRANK M. RUSSELL JANUARY 22, 1976.-Committed to the Committee of the Whole House and ordered to be printed Mr. Cohen, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 5227] The Committee on the Judiciary, to whom was referred the bill (H.R. 5227) for the relief of Frank M. Russell, having considered the same, report favorably thereon with amendment and recommend that the bill as amended do pass. The amendment is as follows: On page 1, line 7, after "visa fee." strike out the remainder of the bill. PURPOSE OF THE BILL The purpose of this bill, as amended, is to grant the status of per- manent residence to Frank M. Russell as of September 1, 1948. The bill has been amended to delete the language relating to deduction of a number from the ceiling on Western Hemisphere immigration since the beneficiary is married to a United States citizen and is exempt from that requirement. GENERAL INFORMATION The beneficiary of this bill is a 27-year-old native and citizen of Canada who was released for adoption the day after his birth and was brought to the United States a week later by citizens of the United States who adopted him in Ohio. He was unaware of his alien birth until he applied for a passport to travel abroad in the summer of 1973. The beneficiary is married to a United States citizen and a visa petition submitted by his wife was approved on August 27, 1975. The pertinent facts in this case are contained in letters dated July 8, 1975 and September 16, 1975 from the Commissioner of Immigration and Naturalization Service to the Chairman of the Committee on the Judiciary which reads as follows: 57-007 2 3 U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, IMMIGRATION AND NATURALIZATION SERVICE, Washington, D.C., July 18, 1975. Hon. PETER W. RODINO, Jr., Washington, D.C., September 16, 1975. Hon. PETER W. RODINO, Jr., Chairman, Committee on the Judioiary, House of Representatives, Chairman, Committee on the Judiciary, Washington, D.C. House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: In response to your request for a report rela- DEAR MR. CHAIRMAN: This refers to H.R. 5227, a private immigra- tive to the bill (H.R. 5227) for the relief of Frank M. Russell, there tion bill for the relief of Frank Mark Russell. is attached a memorandum of information concerning the beneficiary. An immediate relative visa petition submitted in Mr. Russell's be- The bill would grant the beneficiary permanent residence in the half by his spouse was approved on August 27, 1975, and forwarded to United States as of September 1, 1948, upon payment of the required the United States Consulate in Toronto, Canada. Mr. Russell will visa fee. It would also direct that a visa number deduction be made. apply for an immigrant visa there, and the Committee will be appro- The benficiary, a native of Canada, is chargeable to the numerical priately advised. limitation for immigrants from the Western Hemisphere. He is statu- torily ineligible to adjust his status while in the United States and Sincerely, LEONARD F. CHAPMAN, JR., Commissioner. will be required to apply for a visa outside of this country. Sincerely, Mr. J. William Stanton submitted the following letter in support of LEONARD F. CHAPMAN, Jr. his bill. CONGRESS OF THE UNITED STATES, MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZA- HOUSE OF REPRESENTATIVES, TION SERVICE FILES RE: H.R. 5227 Washington, D.C., December 10, 1975. The beneficiary, whose full name is Frank Mark Russell, is a native Hon. JOSHUA EILBERG, and citizen of Canada. He was born on August 24, 1948, and his birth Chairman, Subcommittee on Immigration, Citizenship, and Interna- registered under the name of Frank Mark Morrow. He is married and tional Law, House Committee on the Judiciary, ashington, D.C. resides in Hartville, Ohio, with his United States citizen wife. The DEAR Josh: Thank you for your letter of December 4. I, of course, beneficiary attended grade and high school in Ohio and Indiana. He am very pleased to have the opportunity to write in support of H.R. received a bachelor of arts degree in sociology from Mount Union Col- 5227 the bill I have introduced seeking retro-active permanent resi- lege in Ohio. He is employed as a juvenile officer for the State of Ohio, dence for Frank M. Russell. earning a salary of $12,668 annually. This is one of the most unusual of the imigration problems which The beneficiary was released for adoption by his natural mother on have been brought to my attention. Mr. Russell was born in Toronto, September 1, 1948, and entered the United States on that date with Canada, August 24, 1948, and was brought to the United States on Frank and Ann Russell who adopted him in Cleveland, Ohio, on September 1, 1948, when he was one week old, by Mr. and Mrs. Frank March 4, 1949. His family name was changed to Russell. The location M. Russell. He was legally adopted by them and his birth was regis- of his natural parents is unknown. tered in Columbus, Ohio. Mr. Russell has made occasional trips to Canada and visited Europe Mr. Russell has spent most of his 26 years in Painesvill, Ohio, at- in 1973 and 1974. He was issued a temporary alien registration card tending pre-school at Lake Erie College and graduating from River- in August 1973, pending verification of his claimed admission for side High School and Union College. He has worked for the Ohio permanent residence in 1948, to facilitate a skiing vacation in Europe. Youth Commision as a parole officer for about 5 years. He knows of On March 1, 1974, a determination was made that the beneficiary had no relatives in Canada. never been admitted to the United States for permanent residence. He During the summer of 1973 Mr. Russell applied for a passport to go was granted until March 1, 1975, to depart the United States. He sub- to Europe and was advised he was not a citizen due to a change in the sequently traveled to Europe for a vacation and, upon his return on law two months prior to his birth. A year and a half ago he received July 29, 1974, he was erroneously admitted to the United States as a a deportation notice to be executed March 1, 1975, at which time he was returning resident alien. Mr. Russell was granted an extension of his advised he would have to start at the bottom to seek admission to the departure time until May 1, 1975. The beneficiary's wife has indicated United States and that the quota was filled three years in advance. Fur- that she will file a petition to accord him immediate relative status for ther, he was advised the law would not permit him to work while issuance of an immigrant visa. Upon approval of the petition, the waiting for admission. beneficiary would be eligible to apply for an immigrant visa. Deporta- Being faced with leaving the United States, the only home he has tion proceedings have not been instituted. had, fearing that his employment was in jeopardy and due to the fact that his mother had recent cancer surgery, Mr. Russell contacted me on H.R. 778 H.R. 778 4 February 15, 1975, for assistance. Mr. Russell's father passed away 15 years ago. In addition ot the introduction of H.R. 5227, as advised, an immedi- ate relative visa petition was filed by Mr. Russell's wife in his behalf and this was approved on August 27, 1975, and forwarded to the U.S. Consulate in Toronto, Canada. Considering these circumstances, I urge that H.R. 5227 be reported favorably to the full Committee SO that action can be taken and retro- active residence can be established permitting Frank M. Russell to proceed promptly with his naturalization. Thanking you in advance for your consideration, I remain Sincerely yours, WILLIAM STANTON. BUDGETARY INFORMATION This legislation does not provide new budget authority and no esti- mate or comparison has been received from the Director of the Con- gressional Budget Office. OVERSIGHT STATEMENT The Committee exercises general oversight jurisdiction with respect to all immigration and nationality matters but no specific oversight is contemplated in this instance. COMMITTEE RECOMMENDATIONS Upon consideration of all the facts in this case, the Committee is of the opinion that H.R. 5227, amended, should be enacted and accord- ingly recommends that the bill do pass. H.R. 778 Calendar No.742 94TH CONGRESS SENATE REPORT 2d Session No. 94-786 FRANK M. RUSSELL MAY 6, 1976.-Ordered to be printed Mr. EASTLAND, from the Committee on the Judiciary, submitted the following REPORT [To accompany H.R. 5227] The Committee on the Judiciary, to which was referred the bill (H.R. 5227), for the relief of Frank M. Russell, 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 permanent resi- dence in the United States to Frank M. Russell as of September 1, 1948. The bill provides for the payment of the required visa fee. STATEMENT OF FACTS The beneficiary of the bill is a 27-year-old native and citizen of Can- ada. He was brought into the United States at the age of 1 week by U.S. citizens who later adopted him. The beneficiary was unaware of his alien birth until he applied for a passport in 1973. His U.S.-citizen spouse filed a visa petition in his behalf which was approved on August 27, 1975. A letter, with attached memorandum, dated July 18, 1975, to the chairman of the Committee on the Judiciary of the House of Repre- sentatives from the Commissioner of Immigration and Naturalization with reference to the bill reads as follows: 57-007 2 3 U.S. DEPARTMENT OF JUSTICE, beneficiary would be eligible to apply for an immigrant visa. IMMIGRATION AND NATURALIZATION SERVICE, Deportation proceedings have not been instituted. Washington, D.O., July 18, 1975. A supplemental report dated September 16, 1975 from the Com- Hon. PETER W. RODINO, Jr., missioner of Immigration and Naturalization reads as follows: Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. U.S. DEPARTMENT OF JUSTICE, DEAR MR. CHAIRMAN: In response to your request for a report rela- IMMIGRATION AND NATURALIZATION SERVICE, tive to the bill (H.R. 5227) for the relief of Frank M. Russell, there Washington, D.C., September 16, 1975. is attached a memorandum of information concerning the beneficiary. Hon. PETER W. RODINO, Jr., The bill would grant the beneficiary permanent residence in the Chairman, Committee on the Judiciary, United States as of September 1, 1948, upon payment of the required House of Representatives, Washington, D.C. visa fee. It would also direct that a visa number deduction be made. DEAR MR. CHAIRMAN This refers to H.R. 5227, a private immigra- The beneficiary, a native of Canada, is chargeable to the numerical tion bill for the relief of Frank Mark Russell. limitation for immigrants from the Western Hemisphere. He is statu- An immediate relative visa petition submitted in Mr. Russell's be- torily ineligible to adjust his status while in the United States and will half by his spouse was approved on August 27, 1975, and forwarded to be required to apply for a visa outside of this country. the U.S. consulate in Toronto, Canada. Mr. Russell will apply for Sincerely, LEONARD F. CHAPMAN, Jr. an immigrant visa there, and the committee will be appropriately advised. MEMORANDUM OF INFORMATION FROM IMMIGRATION AND Sincerely, NATURALIZATION SERVICE FILES RE H.R. 5227 LEONARD F. CHAPMAN, Jr., Commissioner. The beneficiary, whose full name is Frank Mark Russell, is Congressman William Stanton, the author of the bill, has submitted a native and citizen of Canada. He was born on August 24, the following supporting information: 1948, and his birth registered under the name of Frank Mark Morrow. He is married and resides in Hartville, Ohio, with CONGRESS OF THE UNITED STATES, his U.S. citizen wife. The beneficiary attended grade and high HOUSE OF REPRESENTATIVES, school in Ohio and Indiana. He received a bachelor of arts Washington, D.C., December 10, 1975. degree in sociology from Mount Union College in Ohio. He is Hon. JOSHUA EILBERG, employed as a juvenile officer for the State of Ohio, earning a Chairman, Subcommittee on Immigration, Citizenship, and Interna- salary of $12,668 annually. tional Law, House Committee on the Judiciary, Washington, D.C. The beneficiary was released for adoption by his natural DEAR Josh: Thank you for your letter of December 4. I. of course, mother on September 1, 1948, and entered the United States am very pleased to have the opportunity to write in support of H.R. on that date with Frank and Ann Russell who adopted him in 5227 the bill I have introduced seeking retroactive permanent resi- Cleveland, Ohio, on March 4, 1949. His family name was dence for Frank M. Russell. changed to Russell. The location of his natural parents is This is one of the most unusual of the immigration problems which unknown. have been brought to my attention. Mr. Russell was born in Toronto, Mr. Russell has made occasional trips to Canada and visited Canada, August 24, 1948, and was brought to the United States on Europe in 1973 and 1974. He was issued a temporary alien September 1, 1948, when he was 1 week old, by Mr. and Mrs. Frank registration card in August 1973, pending verification of his M. Russell. He was legally adopted by them and his birth was regis- claimed admission for permanent residence in 1948, to facili- tered in Columbus, Ohio. tate a skiing vacation in Europe. On March 1, 1974, a deter- Mr. Russell has spent most of his 26 years in Painesville, Ohio, at- mination was made that the beneficiary had never been tending preschool at Lake Erie College and graduating from River- admitted to the United States for permanent residence. He side High School and Union College. He has worked for the Ohio was granted until March 1, 1975, to depart the United States. Youth Commission as a parole officer for about 5 years. He knows of He subsequently traveled to Europe for a vacation and, upon no relatives in Canada. his return on July 29, 1974, he was erroneously admitted to During the summer of 1973. Mr. Russell applied for a passport to go the United States as a returning resident alien. Mr. Russell to Europe and was advised he was not a citizen due to a change in the was granted an extension of his departure time until May 1, law 2 months prior to his birth. A year and a half ago he received 1975. The beneficiary's wife has indicated that she will file a a deportation notice to be executed March 1, 1975, at which time he was petition to accord him immediate relative status for issuance advised he would have to start at the bottom to seek admission to the of an immigrant visa. Upon approval of the petition, the United States and that the quota was filled 3 years in advance. Further. S.R. 786 S.R. 786 4 he was advised the law would not permit him to work while waiting for admission. Being faced with leaving the United States, the only home he has had, fearing that his employment was in jeopardy and due to the fact that his mother had recent cancer surgery, Mr. Russell contacted me on February 15, 1975, for assistance. Mr. Russell's father passed away 15 years ago. In addition to the introduction of H.R. 5227, as advised, an immedi- ate relative visa petition was filed by Mr. Russell's wife in his behalf and this was approved on August 27, 1975, and forwarded to the U.S. consulate in Toronto, Canada. Considering these circumstances, I urge that H.R. 5227 be reported favorably to the full committee SO that action can be taken and retro- active residence can be established permitting Frank M. Russell to proceed promptly with his naturalization. Thanking you in advance for your consideration, I remain Sincerely yours, WILLIAM STANTON. The committee, after consideration of all the facts in the case, is of the opinion that the bill (H.R. 5227) should be enacted. S.R. 786 H. R. 5227 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 Frank M. Russell. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of the Immigration and Nationality Act, Frank M. Russell shall be held and considered to have been lawfully admitted to the United States for permanent residence on September 1, 1948, upon payment of the required visa fee. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. 6 May 12, 1976 Dear Mr. Director: The following bills were received at the White House on May 12th: S. 2619 H.R. 2776 S. 2620 r H.R. 4038 w S. 3031 H.R. 5227 8. 3107 H.R. 8863, Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D.C.