Current and Former Members of Congress to Supremes: The CSPA Means What We Said!

Current and Former Members of Congress to Supremes: The CSPA Means What We Said!

"Amici curiae are a bipartisan coalition of Members of Congress who were serving in 2002, when the Child Status Protection Act (CSPA) was passed.  The Members care deeply about the preservation of family unity among immigrant families and the fairness of our country’s immigration procedures.  To promote these goals, and cure the harsh and unfair effects of prior immigration procedures, they crafted the CSPA to protect all children who seek to immigrate to this country from the consequences of “aging out,” that is, turning 21 before a green card is available for them.

The Members submit this brief to confirm that this outcome was their unmistakable purpose.  The Members also seek to inform the Court that the language used in the CSPA is unambiguous: all derivative-beneficiary children who age out shall be entitled to automatic conversion and shall retain their original priority date.  The Members disagree with the Solicitor General’s view that there is “tension” in the statute and that its text should be disregarded in light of current agency practices.  This Court should emphasize the duty of all federal agencies to execute the unambiguous mandates of Congress." - Samuel D. Brownback, Dianne G.B. Feinstein, Orrin G. Hatch, John S. McCain III, Robert Menendez and Charles E. Schumer, Nov. 4, 2013.