Americans make baby Charlie a ‘US resident’ so he can go for treatment
CHARLIE Gard is being fasttracked for ‘permanent residence’ in America by the US Congress.
Washington politicians have written the 11-month-old’s name into a draft bill ‘so Charlie can get the medical treatment he needs’.
They said passing legislation to effectively make Charlie a US citizen would ‘cut through red tape’ and smooth his passage to America.
The extraordinary move is thought to be unprecedented, but reflects the resolve of the White House to intervene in the British boy’s case.
However, legal experts said it would make no difference to whether Charlie was allowed to travel to the US, because he is subject to the orders of English courts.
His parents Connie Yates and Chris Gard are desperate for him to be permitted to go to New York for experimental therapy by pioneering neuroscientist Dr Michio Hirano.
But High Court judge Mr Justice Francis has made it clear Charlie cannot go anywhere without his say-so.
Republican congressman Jeff Fortenberry tweeted: ‘We just passed amendment that grants permanent resident status to #CharlieGard and family so Charlie can get the medical treatment he needs.’
A congressional committee has voted to bestow ‘permanent residence’ on Charlie and both his parents, in an amendment to an Appropriations Bill. But although the amendment was passed, the bill itself has yet to be voted into law.
A spokesman for the politicians said: ‘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 US that his parents and medical specialists believe is worth pursuing.’
Charlie’s plight has received widespread coverage in America ever since Donald Trump leapt into the debate two weeks ago with a tweet saying he would be ‘delighted’ to help him.
Charlie, whose first birthday is two weeks away, has a rare form of mitochondrial depletion syndrome which affects his muscles, brain and organs. Great Ormond Street Hospital (GOSH) in London says he is beyond hope and will make a final plea to the High Court next week to cease his treatment and allow him to ‘slip away’.
Miss Yates, 31, and Mr Gard, 32, of Bedfont, south west London, are adamant their son is not as badly affected, and have issued a photo of him with his eyes open to
‘Cut through red tape’
counter claims he is ‘blind’. Meanwhile, it emerged yesterday that Charlie had a brain scan lasting four hours on Sunday.
His parents had wanted to limit the electroencephalogram (EEG) – which monitors brain activity – to 30 minutes, but the hospital’s specialists said it would have to last at least four hours to generate useful data.
In the end, Mr Justice Francis ruled in favour of the hospital. Charlie also had an MRI scan.
The results of the two scans are not public but GOSH medics have not changed their position that he has irreversible brain damage and nothing can be done to save him.
Dr Hirano flew in to examine Charlie for himself on Monday and spent five hours on Tuesday arguing with GOSH doctors that Charlie should still be allowed to go to America.
Last week at the High Court, the parents’ barrister, Grant Armstrong, said they were of the view that legally it was up to the hospital to change its mind and allow Charlie to be transferred.
But Mr Justice Francis rejected this and said the court’s permission was required.
He said: ‘It would be entirely wrong for him to be transferred without my being involved.’
Yesterday a legal expert said having US residency would make no difference anyway.
Barrister Zimran Samuel, a family law specialist at Doughty Street Chambers, said: ‘The case has never been about residence’, adding the ‘well- intended statements’ from politicians ‘shed more heat than light in what is obviously a very difficult case’.
Charlie’s fate will be decided by Mr Justice Francis next week.