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U.S. residency for terminally ill infant Charlie Gard one step closer


LONDON — American immigration officials refuted claims by British media Wednesday that a terminally ill 11-month-old British infant received permanent resident status that would allow him to fly to the United State for urgent treatment.

A U.S. congressional committee voted unanimously Tuesday to grant permanent residency to the family of Charlie Gard, who suffers from a rare genetic condition, so he can receive an untested experimental therapy from a New York neurologist. But  the bill still needs approval by the full Congress. 

The case was thrust into the international spotlight after President Trump and Pope Francis weighed in, saying they favored moving the infant to the U.S. or the Vatican for treatment.

The vote by the House Committee on Appropriations was added to legislation to pay for a wall President Trump wants to build along the U.S.-Mexican border. The procedural vote was lost on several British newspapers, including The Telegraph, which reported the amendment granted permanent residence status.

"We are aware of the amendment and, should the legislation be passed by Congress, stand ready to act as necessary," the Department of Homeland Security said in a statement.

Gard's parents want their son to travel to the U.S. to receive the treatment, but British courts — on the advice of his doctors here — have prevented him from doing so because they do not think it is in his best interests and could harm him further.

Gard suffers from an incurable condition called mitochondrial depletion syndrome and has brain damage. He is blind and deaf and cannot breathe without a ventilator.

In Britain, unlike in the U.S., when there is a medical dispute between doctors and a patient it is the courts, not the patient or family, that decide what action to take. 

"Parents have the most at stake when it comes to standing up for their children and right now, we have an incredible opportunity to stand with a family and save a child’s life,” said Jaime Herrera Beutler, R-Wash., who introduced the amendment.

"This amendment would speed up the process, cut through the bureaucratic red tape, and ease the path for Charlie to be able to receive medical treatment in the U.S. that his parents and medical specialists believe is worth pursuing," Beutler said.

A final British ruling in the case that has pitted Gard's parents against the hospital treating him could come as early as next week. 

British courts have previously ruled in favor of switching off Gard's life-support machine. However, the family has been given one last chance to prove that there is sufficient evidence that the treatment is worth pursuing and won't prolong their infant's suffering.

The family has raised nearly $2 million to pay for the treatment.   

Michio Hirano is the U.S. neurologist who offered to treat Gard even though he thinks it unlikely the therapy will work — it has not even been tested on animals. He has been in London this week giving testimony to a court hearing. 

If the case goes against the parents, they will have exhausted every legal avenue. The British government has said it will stand by the court's decision.

It is not clear whether U.S. congressional approval of permanent residence would change that. It is also not clear what impact Gard being granted U.S. citizenship, as erroneously reported by British tabloid Daily Mail Online earlier Wednesday, would have on his ability to travel to the U.S. or elsewhere to receive treatment.