[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2985

  To amend the Immigration and Nationality Act to make certain aliens 
      determined to be delinquent in the payment of child support 
    inadmissible, deportable, and ineligible for naturalization, to 
authorize immigration officers to serve process in child support cases 
     on aliens entering the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

Mr. Cardin (for himself, Mr. Bunning, Mr. English of Pennsylvania, Mr. 
Ensign, Mr. Stark, and Mr. Weller) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to make certain aliens 
      determined to be delinquent in the payment of child support 
    inadmissible, deportable, and ineligible for naturalization, to 
authorize immigration officers to serve process in child support cases 
     on aliens entering the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM 
              ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

    (a) In General.--Section 212(a)(10) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(10)), as redesignated and amended by 
sections 301(b), 347(a), and 352(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
3009-576, 3009-639, 3009-641), is amended by adding at the end the 
following new subparagraph:
                    ``(F) Nonpayment of child support.--Any alien is 
                inadmissible 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), and whose 
                failure to pay such child support has resulted in an 
                arrearage exceeding $5,000, until child support 
                payments under the judgment, decree, or order are 
                satisfied or the alien is in compliance with an 
                approved payment agreement.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to visas issued on or after 180 days after the date of the enactment of 
this Act.

SEC. 2. REMOVAL OF ALIENS FOR NONPAYMENT OF CHILD SUPPORT.

    (a) In General.--Section 237(a) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)), as redesignated by section 305(a)(2) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-598) is amended by adding at the 
end the following:
            ``(7) Nonpayment of child support.--Any alien is deportable 
        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), and whose failure to pay such child support has 
        resulted in an arrearage exceeding $5,000, until child support 
        payments under the judgment, decree, or order are satisfied or 
        the alien is in compliance with an approved payment 
        agreement.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 3. ALIENS INELIGIBLE FOR NATURALIZATION FOR NONPAYMENT OF CHILD 
              SUPPORT.

    (a) In General.--Section 318 of the Immigration and Nationality Act 
(8 U.S.C. 1429) is amended by adding at the end the following:
``No person shall be naturalized 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), and whose failure to pay such child 
support has resulted in any arrearage, until child support payments 
under the judgment, decree, or order are satisfied or the alien is in 
compliance with an approved payment agreement.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to applications for naturalization filed on or after 180 days after the 
date of the enactment of this Act.

SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON 
              CERTAIN ARRIVING ALIENS.

    (a) In General.--Section 235(d) of the Immigration and Nationality 
Act (8 U.S.C. 1225(d)), as amended by section 302 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
104-208; 110 Stat. 3009-584), 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 any action 
                to enforce or establish a legal obligation of an 
                individual to pay child support (as defined in section 
                459(i) of the Social Security Act).
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `legal process' means any writ, order, 
                summons or other similar process, which 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.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to aliens applying for admission to the United States on or after 180 
days after the date of the enactment of this Act.

SEC. 5. AUTHORITY TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY 
              ALIENS.

    Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is 
amended by adding at the end the following:
            ``(3) Provision to immigration and naturalization service 
        of information on persons delinquent in child support 
        payments.--On request by the Immigration and Naturalization 
        Service, the Secretary shall provide the Immigration and 
        Naturalization Service with such information in the Federal 
        Case Registry of Child Support Orders as may aid in determining 
        whether an alien is delinquent in the payment of child 
        support.''.
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