S.Amdt. 2994
What it does: Adds TITLE __--PARENTAL RESPONSIBILITY OBLIGATIONS MET THROUGH IMMIGRATION SYSTEM ENFORCEMENT wherever appropriate
Sen. Orrin G. Hatch (R-UT)What it changes
1 change to H.R. 4
Adds TITLE __--PARENTAL RESPONSIBILITY OBLIGATIONS MET THROUGH IMMIGRATION SYSTEM ENFORCEMENT wherever appropriate
Adds a titleInserted: TITLE __--PARENTAL RESPONSIBILITY OBLIGATIONS MET THROUGH IMMIGRATION SYSTEM ENFORCEMENT
Inserted: SEC. __01. SHORT TITLE OF TITLE.
Inserted: This title may be cited as the "Parental Responsibility Obligations Met through Immigration System Enforcement Act" or "PROMISE Act".
Inserted: SEC. __02. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
Inserted: Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:
Inserted: "(F) Nonpayment of child support.--
Inserted: "(i) In general.--Except as provided in clause (ii), an alien who is legally obligated under a judgment, decree, or order to pay child support and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of the Social Security Act (42 U.S.C. 654(31)) is inadmissible.
Inserted: "(ii) Exception.--An alien described in clause (i) may be admissible when--
Inserted: "(I) child support payments under the judgment, decree, or order are satisfied; or
Inserted: "(II) the alien is in compliance with an approved payment agreement.
Inserted: "(iii) Federal parent locator service.--The Federal Parent Locator Service, established under section 453 of the Social Security Act (42 U.S.C. 653), shall be used to determine if an alien is inadmissible under clause (i).
Inserted: "(iv) Request by foreign country.--For purposes of clause (i), any request for services by a foreign reciprocating country or a foreign country with which a State has an arrangement described in section 459A(d) of the Social Security Act (42 U.S.C. 659a(d)) shall be treated as a State request.".
Show 29 more inserted paragraphsShow less
Inserted: SEC. __03. AUTHORITY TO PAROLE ALIENS EXCLUDED FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
Inserted: Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following:
Inserted: "(C)(i) The Secretary of Homeland Security may, in the Secretary's discretion, parole into the United States, or in the case of an alien who is applying for a visa at a consular post, grant advance parole, to any alien who is inadmissible under subsection (a)(10)(F)(i) if--
Inserted: "(I) the Secretary of Homeland Security places such alien into removal proceedings;
Inserted: "(II) the alien demonstrates to the satisfaction of the Secretary of Homeland Security that such parole is essential to the compliance and fulfillment of child support obligations;
Inserted: "(III) the alien demonstrates that the alien has employment in the United States and is authorized by law for employment in the United States; and
Inserted: "(IV) the alien is not inadmissible under any other provision of law.
Inserted: "(ii) The Secretary of State may permit an alien described in clause (i) to present himself or herself at a port of entry for the limited purpose of seeking parole pursuant to clause (i).".
Inserted: SEC. __04. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON ESTABLISHMENT OF GOOD MORAL CHARACTER.
Inserted: Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
Inserted: (1) in paragraph (8), by striking the period at the end and inserting "; or"; and
Inserted: (2) by inserting after paragraph (8) the following:
Inserted: "(9) one who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i))) and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of that Act (42 U.S.C. 654(31)), unless support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.".
Inserted: SEC. __05. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON CERTAIN VISA APPLICANTS AND ARRIVING ALIENS.
Inserted: Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1225(d)) is amended by adding at the end the following:
Inserted: "(5) Authority to serve process in child support cases.--
Inserted: "(A) In general.--To the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States, legal process with respect to--
Inserted: "(i) any action to enforce a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i)); or
Inserted: "(ii) any action to establish paternity.
Inserted: "(B) Definition.--For purposes of subparagraph (A), the term 'legal process' means any writ, order, summons, or other similar process that is issued by--
Inserted: "(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or
Inserted: "(ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.".
Inserted: SEC. __06. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY ALIENS.
Inserted: Section 453(h) (42 U.S.C. 653(h)) is amended by adding at the end the following:
Inserted: "(4) Provision to attorney general, secretary of homeland security, and secretary of state of information on persons delinquent in child support payments.--
Inserted: "(A) In general.--Notwithstanding any other provision of law and in accordance with the requirements of subsection (b), on request by the Attorney General, Secretary of Homeland Security, or Secretary of State, the Secretary of Health and Human Services shall provide and transmit to authorized persons through the Federal Parent Locator Service such information as the Secretary of Health and Human Services determines may aid the authorized person in establishing whether an alien is delinquent in the payment of child support.
Inserted: "(B) Authorized person defined.--For purposes of subparagraph (A), the term 'authorized person' means any administrative agency, immigration officer, or consular officer (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) having the authority to investigate or enforce the naturalization laws of the United States with respect to the legal entry and status of aliens.".
Inserted: SEC. __07. EFFECTIVE DATE.
Inserted: This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act and shall apply to aliens who apply for benefits under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on or after such effective date.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2994. Mr. HATCH submitted an amendment intended to be proposed by him to the bill H.R. 4, to reauthorize and improve the program of block grants to States for temporary assistance for needy families, improve access to quality child care, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--PARENTAL RESPONSIBILITY OBLIGATIONS MET THROUGH IMMIGRATION SYSTEM ENFORCEMENT
SEC. __01. SHORT TITLE OF TITLE.
This title may be cited as the “Parental Responsibility Obligations Met through Immigration System Enforcement Act” or “PROMISE Act”.
SEC. __02. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
Section 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:
“(F) Nonpayment of child support.--
“(i) In general.--Except as provided in clause (ii), an alien who is legally obligated under a judgment, decree, or order to pay child support and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of the Social Security Act (42 U.S.C. 654(31)) is inadmissible.
“(ii) Exception.--An alien described in clause (i) may be admissible when--
“(I) child support payments under the judgment, decree, or order are satisfied; or
“(II) the alien is in compliance with an approved payment agreement.
“(iii) Federal parent locator service.--The Federal Parent Locator Service, established under section 453 of the Social Security Act (42 U.S.C. 653), shall be used to determine if an alien is inadmissible under clause (i).
“(iv) Request by foreign country.--For purposes of clause (i), any request for services by a foreign reciprocating country or a foreign country with which a State has an arrangement described in section 459A(d) of the Social Security Act (42 U.S.C. 659a(d)) shall be treated as a State request.”.
SEC. __03. AUTHORITY TO PAROLE ALIENS EXCLUDED FROM ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended by adding at the end the following:
“(C)(i) The Secretary of Homeland Security may, in the Secretary's discretion, parole into the United States, or in the case of an alien who is applying for a visa at a consular post, grant advance parole, to any alien who is inadmissible under subsection (a)(10)(F)(i) if--
“(I) the Secretary of Homeland Security places such alien into removal proceedings;
“(II) the alien demonstrates to the satisfaction of the Secretary of Homeland Security that such parole is essential to the compliance and fulfillment of child support obligations;
“(III) the alien demonstrates that the alien has employment in the United States and is authorized by law for employment in the United States; and
“(IV) the alien is not inadmissible under any other provision of law.
“(ii) The Secretary of State may permit an alien described in clause (i) to present himself or herself at a port of entry for the limited purpose of seeking parole pursuant to clause (i).”.
SEC. __04. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON ESTABLISHMENT OF GOOD MORAL CHARACTER.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (8), by striking the period at the end and inserting “; or”; and
(2) by inserting after paragraph (8) the following:
“(9) one who is legally obligated under a judgment, decree, or order to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i))) and whose failure to pay such child support has resulted in arrearages that exceed the amount specified in section 454(31) of that Act (42 U.S.C. 654(31)), unless support payments under the judgment, decree, or order are satisfied or the alien is in compliance with an approved payment agreement.”.
SEC. __05. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON CERTAIN VISA APPLICANTS AND ARRIVING ALIENS.
Section 235(d) of the Immigration and Nationality Act (8 U.S.C. 1225(d)) is amended by adding at the end the following:
“(5) Authority to serve process in child support cases.--
“(A) In general.--To the extent consistent with State law, immigration officers are authorized to serve on any alien who is an applicant for admission to the United States, legal process with respect to--
“(i) any action to enforce a legal obligation of an individual to pay child support (as defined in section 459(i) of the Social Security Act (42 U.S.C. 659(i)); or
“(ii) any action to establish paternity.
“(B) Definition.--For purposes of subparagraph (A), the term ‘legal process' means any writ, order, summons, or other similar process that is issued by--
“(i) a court or an administrative agency of competent jurisdiction in any State, territory, or possession of the United States; or
“(ii) an authorized official pursuant to an order of such a court or agency or pursuant to State or local law.”.
SEC. __06. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY ALIENS.
Section 453(h) (42 U.S.C. 653(h)) is amended by adding at the end the following:
“(4) Provision to attorney general, secretary of homeland security, and secretary of state of information on persons delinquent in child support payments.--
“(A) In general.--Notwithstanding any other provision of law and in accordance with the requirements of subsection (b), on request by the Attorney General, Secretary of Homeland Security, or Secretary of State, the Secretary of Health and Human Services shall provide and transmit to authorized persons through the Federal Parent Locator Service such information as the Secretary of Health and Human Services determines may aid the authorized person in establishing whether an alien is delinquent in the payment of child support.
“(B) Authorized person defined.--For purposes of subparagraph (A), the term ‘authorized person' means any administrative agency, immigration officer, or consular officer (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) having the authority to investigate or enforce the naturalization laws of the United States with respect to the legal entry and status of aliens.”.
SEC. __07. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of enactment of this Act and shall apply to aliens who apply for benefits under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on or after such effective date.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
March 31, 2004