September 20, 2006 CONGRESSIONAL RECORD — SENATE S9781 or admission as a lawful permanent resident Drive hunts are run by fishers who Hispanic lawyer. Not one to be discour- on another basis under the INA. use scare tactics to herd, chase, and aged, James DeAnda joined another Subparagraph (F): provides for the removal corral the animals into shallow waters Hispanic lawyer to form a legal prac- from the United States, of any alien subject where they are trapped and then killed tice dedicated to representing Hispanic to the five-year limitation if the alien vio- lates the provisions of this paragraph, or if or hauled off live to be sold into cap- Americans. the alien is found to be removable or inad- tivity. The overexploitation of these In one of his earliest cases, James missible under applicable provisions of the highly social and intelligent animals DeAnda was a member of the four-per- INA. for decades has resulted in the serious son legal team behind Hernandez v. Subparagraph (G): provides the Attorney decline, and in some cases, the com- Texas, 1954, the first case tried by General with the authority to grant a waiver mercial extinction, of these species. Mexican American attorneys before the of the five-year limitation in certain ex- On April 7, 2005, I introduced Senate U.S. Supreme Court. In Hernandez, the traordinary situations where the Attorney Resolution 99 to help end this inhu- Supreme Court overturned the murder General finds that the alien would suffer ex- ceptional and extremely unusual hardship mane and unnecessary practice and conviction of a Hispanic man by an all- were such conditions not waived. The bene- urged participating countries to stop White jury and for the first time gave fits of this provision would be unavailable to the brutal treatment of these animals. Hispanics status as a distinct legal a person who has violated the terms and con- Fishers have killed small cetaceans classification deserving of special pro- ditions of his or her permanent resident sta- along the coastlines of Japan for cen- tection under the Constitution. This tus, such as an alien who has engaged in the turies with no regard for the humane- case represented a watershed moment unauthorized employment. ness or sustainability of the hunt. Cur- in our civil rights history because it Subparagraph (H): provides for the expira- rently, up to 20,000 small cetaceans of opened the door to voting rights, edu- tion of limitations after five years. Subparagraph (I): provides for not more several species are killed in Japanese cation, and employment challenges by than two five-year extensions, as necessary, drive and harpoon hunts each year. In Hispanic Americans. James DeAnda of the employment-based immigrant visa the last two decades, more than 400,000 himself used this newly attained classi- programs of this paragraph, with respect to have been slaughtered in Japan alone. fication to fight the segregation of His- workers in legitimate businesses in the tour- The cruelty endured by dolphins and panic children within public schools. ism industry. This provision is designed to whales caught in drive hunts is im- He was involved in a number of cases ensure that there be a sufficient number of mense. Aboard motorized boats, drive including Cisneros v. Corpus Christi workers available to fill positions in the hunt fishers loudly bang metal pipes Independent School District, 1970, in tourism industry after the transition period over the side of their boats to disorient ends. The subparagraph also permits a single which the Supreme Court extended for five-year extension for legitimate businesses the animals and drive them toward the first time Brown v. the Board of in other industries. The provisions are ex- shore where they are trapped by nets Education to Hispanics. plained more fully under the discussion of and stabbed with long knives, usually In 1968, James DeAnda helped found Committee Amendments. just behind the blowhole or across the the Mexican American Legal Defense Subsection (e): provides further detail re- throat. Many of the animals eventually and Educational Fund, MALDEF. As garding nonimmigrant investor visas. die from blood loss and hemorrhagic one of our Nation’s leading Latino ad- Subsection (f): provides further detail re- shock or their spinal cord is severed. vocacy organizations, MALDEF played garding persons lawfully admitted into the Today, the Humane Society of the a crucial role in Judiciary Committee CNMI under local law. United States/Humane Society Inter- Subsection (g): provides travel restrictions hearings on reauthorization of the Vot- for certain applicants for asylum. national, Animal Welfare Institute, ing Rights Act this year. Several Subsection (h): deals with the effect of and Whale and Dolphin Conservation MALDEF leaders testified before the these provisions on other law. Society are joining with concerned Senate and House committees about Subsection (i): provides that no time spent citizens throughout this country and the continued importance of the Vot- by an alien in the CNMI in violation of CNMI around the world to gather in peaceful ing Rights Act in ensuring equal access law would count toward admission and is demonstrations to express their con- and fair representation for minority self-explanatory. cern for the welfare of these animals. I, voters. MALDEF conducted extensive Subsection (j): provides a one-time grand- too, join them in condemning these father for certain long-term employees and studies showing the unavailability of is more fully discussed in the section of the brutal and senseless hunts. translated voting materials and lan- Report describing the Committee Amend- f guage assistance to Spanish-speaking voters, despite the legal requirement ment. TRIBUTE TO JUDGE JAMES Section 2, subsection (b): provides for three that they be provided and clearly dem- DEANDA conforming amendments to the INA. onstrated the need for reauthorization Section 2, subsection (c): provides for tech- Mr. LEAHY. Mr. President, this of the Voting Rights Act. nical assistance to specifically charge the afternoon I would like to take a mo- Judge James DeAnda inspired gen- Secretary of Commerce to provide technical ment to mark the passing of a great erations of civil rights advocates. The assistance to encourage growth and diver- American—Judge James DeAnda. sification of the local economy and the Sec- continuing work of the organization he retary of Labor to provide assistance to re- Judge DeAnda died of cancer on Sep- helped to found, MALDEF, serves as an cruit, train, and hire persons authorized to tember 7, 2006, at the age of 81. He was enduring legacy to this great Amer- work in the U.S. appointed to the Federal bench by ican. Our thoughts and prayers go out Section 2, subsection (d): provides adminis- President Jimmy Carter in 1979 and to his family. trative authority for the Departments of served as judge on the U.S. District f Justice and Labor to implement the statute. Court for the Southern District of Section 2, subsection (e): provides for a re- Texas until his retirement in 1992. Be- GOLD STAR MOTHERS port to Congress. fore his distinguished tenure as a Fed- Mr. ALLARD. Mr. President, 70 years Section 2, subsection (f): limits the number of alien workers present in the CNMI prior to eral trial judge, James DeAnda was a ago, Congress passed a resolution pro- the transition program effective date. tireless civil rights advocate with what claiming that the last Sunday in Sep- Section 2, subsection (g): authorizes appro- has become known as a ‘‘voracious ap- tember be designated as Gold Star priations. petite for justice.’’ Mother’s Day. As we approach the last f Born in Houston, TX, James DeAnda Sunday in September, I would like to was the son of Mexican immigrants. He take this opportunity to recognize the CONDEMNING DRIVE HUNTS attended Texas A&M University and Gold Star Mothers throughout the Mr. LAUTENBERG. Mr. President, I served in the U.S. Marines during country and particularly those in the rise today to discuss the inhumane and World War II before graduating from State of Colorado. unnecessary annual slaughter of small the University of Texas Law School in I hope that we will all take time this cetaceans, including Dall’s porpoise, 1950, when there were only a handful of Sunday, September 24, to honor these the bottlenose dolphin, Risso’s dolphin, Hispanic law students. James DeAnda mothers and fathers who have so brave- false killer whales, pilot whales, the returned to Houston after graduation, ly endured the loss of a son or daughter striped dolphin, and the spotted dol- but he had difficulty finding work be- killed while serving in the Armed phin, by Japan’s drive fishery. cause White law firms refused to hire a Forces. Colorado has lost many young

VerDate Mar 15 2010 23:55 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S20SE6.REC S20SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9782 CONGRESSIONAL RECORD — SENATE September 20, 2006 men and women to combat since the tional governments, something that 2LT John S. Vaughan horrendous attacks of 9/11. One day is was impossible under the Taliban’s CAPT Ian P. Weikel not long enough for us to ever fully rule. The sovereign governments are SPC Dana N. Wilson honor those parents who have had to working with regional and inter- SGT Michael E. Yashinski suffer the unimaginable pain of losing national partners in achieving united Mr. ALLARD. Mr. President, in re- a child, but we will try. democracies—an achievement only al- membering their lives, we also honor Across the State of Colorado and the lowed through our fighting men and them and celebrate the joy that they rest of the Nation, many of these women in combat. have brought to their families. To the mothers have come together not only Many remarkable achievements have Gold Star and Blue Star mothers and for support but also to volunteer their been made through the sacrifices of the fathers, I salute you, and thank you for time serving veterans and families of men and women in the military, but your service to this nation. soldiers, encouraging patriotism and perhaps the most important of all is f what has not occurred in our own coun- national pride, and honoring their chil- NATIONAL SCHOOL BACKPACK try. Since we took military action dren through service and allegiance to AWARENESS DAY the United States. Through their vol- against these Islamic extremists and unteer efforts, they keep alive the brought the fight to them, we have not Mr. MENENDEZ. Mr. President, I memory and spirit of those whose lives seen an attack on American soil. The rise in recognition of the fifth annual were lost in the war. They continue to sacrifices that the sons and daughters National School Backpack Awareness inspire compassion, strength, and of our Gold Star Mothers have made Day, September 20, 2006. Today, the faithfulness for all Americans. and continue to make are protecting us American Occupational Therapy Asso- To mark this weekend, the Blue Star here on our shores. ciation, AOTA, in collaboration with Mothers of Colorado will be hosting Unfortunately, we have seen that more than 350 occupational therapy Colorado’s first annual Gold Star even after the death of terrorist leaders practitioners across the country will be Mother’s Day Weekend. There will be like Abu Musab al-Zarqawi that the educating thousands of children and several events throughout the weekend forces of the Islamic extremists vow their families about how to stay celebrating the lives of those soldiers that they will continue to wage war on healthy and succeed in school, espe- who so courageously gave the ultimate American civilians. Our success cially how to prevent backpack related sacrifice for their Nation. Unfortu- against this type of enemy is only en- injuries. These organizations are tak- nately I will not be able to attend the sured by the brave men and women of ing real steps towards protecting our ceremony myself, but my wife Joan our Armed Forces. They provide the children during their most formative and I want to send our thoughts and safety and security to our nation, and years. prayers to those who will be attending we are truly grateful for what they Occupational therapists and occupa- the event. have done. While the cost has been tional therapy assistants play an in- Words truly cannot express Amer- high, the cost of doing nothing would credibly important role in our local ica’s gratitude for our Armed Forces be even greater. These words provide communities. Occupational therapy and their service and sacrifice to this little comfort to the families that have practitioners work directly with stu- Nation. Those who have fallen have lost loved ones. But we will always re- dents, parents, and teachers to modify served a cause greater than themselves member those who have lost their lives educational environments so that all and deserve special honor. To their in support of our freedom, and thank students can achieve academic success. mothers and fathers, you too deserve them for their sacrifice. I ask unani- They often develop plans to improve special honor as you continue to carry mous consent for the list of fallen he- function and productivity, so as to on the patriotic duties and legacy that roes from Colorado be printed in the maximize independence within the aca- your son or daughter sadly could not. I RECORD. demic environment. Their knowledge There being no objection, the mate- thank you for your courage and for about how children can stay healthy rial was ordered to be printed in the your service to the United States of and succeed in school is invaluable. To- RECORD, as follows: America. day’s effort to protect them from back- Over the last 3 years, our Nation has PFC Travis W. Anderson pack injuries is much needed, and I been locked in a terrible struggle PFC Shawn M. Atkins know it will have a positive impact on SGT Daniel A. Bader against radical extremists across the thousands of families. SGT Douglas E. Bascom Many children enjoy picking out a Middle East. And I will readily admit SGT Thomas F. Broomhead that this fight is one that we did not Petty Officer 2nd Class Danny P. Dietz backpack at the start of the school anticipate. But I do know that every LCpl Mark E. Engel year, usually based on a certain color life given in the name of freedom has SGT Christopher M. Falkel or design, but if worn incorrectly or if not been given in vain. PFC George R. Geer too heavy, there is a serious potential While they continually experience LCpl Evenor C. Herrera for injury. In light of this concern, many dangerous challenges, our men CPL Benjamin D. Hoeffner today at schools, stores, hospitals, and and women of our Armed Forces con- SGT Theodore S. Holder II shopping malls all over the Nation, MAG Douglas A. La Bouff children’s backpacks will be ‘‘weighed- tinue making strides in Iraq and Af- SSG Mark A. Lawton ghanistan. We have fought a terrible SPC Derrick J. Lutters in.’’ This will ensure that children are enemy that has no regard for human PFC Tyler R. MacKenzie not carrying more than 15 percent of life. LCpl Chad B. Maynard their bodyweight on their back. Ac- Yet despite our challenges, we have SGT Dimitri Muscat cording to U.S. and international stud- seen tremendous progress, especially SGT Larry W. Pankey Jr. ies, children using overloaded and im- towards helping to create partners in SSG Michael C. Parrott properly worn backpacks experience our fight against terrorism worldwide. PFC Chance R. Phelps neck, shoulder and back pain. Further- PFC Ryan E. Reed more, children wearing backpacks im- Indeed, much of our success depends on SFC Randall S. Rehn the men and women in the new demo- SSG Gavin B. Reinke properly suffer from compromised cratic governments formed in Iraq and SGT Luis R. Reyes breathing and increased fatigue at sig- Afghanistan, and they are stepping up PFC Andrew G. Riedel nificantly higher rates than students to the challenge. In Iraq, people from CAPT Russell B. Rippetoe wearing their backpacks properly and all walks of life—Sunnis, Shia, and PFC Henry C. Risner with appropriate loads. In our great Kurds—have participated in multiple SFC Daniel A. Romero State of New Jersey, these ‘‘weigh-ins’’ elections and referendums across the LCpl Gregory P. Rund are being conducted at nine locations SSG Barry Sanford throughout the State. By the end of country for the first time in Iraq’s his- SSG Michael B. Shackelford tory. CPL Christopher F. Sitton the day, children all over America will Remarkably, after democratic elec- LCpl Thomas J. Slocum be healthier and equipped with infor- tions in Afghanistan, women are hold- LCpl Jeremy P. Tamburello mation about how to properly load and ing positions of power in local and na- SSG Justin L. Vasquez carry a backpack.

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