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.