[Congressional Record Volume 149, Number 125 (Thursday, September 11, 2003)]
[Senate]
[Pages S11417-S11418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S. 1609. A bill to make aliens ineligible to receive visas and 
exclude aliens from admission into the United States for nonpayment of 
child support; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Parental 
Responsibility Obligations Met Through Immigration System Enforcement 
Act, or PROMISE Act. Sadly, there are many in our society who do not 
honor their child support obligations, and ultimately, it is the 
children who are hurt by such irresponsibility. Shockingly, many 
foreign nationals are able to benefit from our immigration laws 
notwithstanding their failure to live up to their child support 
obligations. As a matter of sound policy, our immigration laws should 
require those who wish to come into or remain in our country to comply 
with our moral and ethical standards. Let us be clear in our message. 
If you do not live up to your financial obligations to your own 
children, then you are not welcome in the United States.
  I am introducing this legislation now because it is time to do 
something to protect many children who are economically disadvantaged 
or neglected. These children need clothes, food, and shelter--basic 
necessities of life. Moreover, when the deadbeat parents fail to meet 
their obligations to their own children, it is our society and our 
taxpayers who must pick up the cost. Of course, we will do what we have 
to for the children in our country, but we need to hold the parents 
responsible and impress upon them we will no

[[Page S11418]]

longer tolerate their irresponsible attitude toward their own children.
  Specifically, this legislation amends the current Immigration and 
Nationality Act, section 212(a), to include failure to pay child 
support as a ground of inadmissibility. It will also amend section 
101(f) of the Immigration and Nationality Act so that one who fails to 
pay child support is statutorily without good moral character. The 
legislation will cover not only orders from a court in the United 
States but also foreign courts with which our Federal or State 
governments have reciprocity agreements. As such, deadbeat parents 
cannot use the United States as a haven from child support enforcement 
by other governments.
  In conclusion, we must be mindful that permission to enter the United 
States is a privilege and not a right. We will not grant this privilege 
to individuals who do not respect the law of our Nation, the laws of 
their home country, or their moral duty to provide for their children.
  I ask for your support of the PROMISE Act.
  Mr. HATCH. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1609

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Parental Responsibility 
     Obligations Met through Immigration System Enforcement Act'' 
     or ``PROMISE Act''.

     SEC. 2. 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 an arrearage is inadmissible.
       ``(ii) Exception.--An alien described in clause (i) may be 
     admissible when child support payments under the judgment, 
     decree, or order are satisfied or the alien is in compliance 
     with an approved payment agreement.''.

     SEC. 3. 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 
     212(a)(10)), and whose failure to pay such child support has 
     resulted in any arrearage, unless support payments under the 
     judgment, decree, or order are satisfied or the alien is in 
     compliance with an approved payment agreement.''.

     SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT 
                   CASES ON CERTAIN 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 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).
       ``(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. 5. AUTHORIZATION 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:
       ``(4) Provision to attorney general and secretary of state 
     of information on persons delinquent in child support 
     payments.--On request by the Attorney General, Secretary of 
     Homeland Security, or the Secretary of State, the Secretary 
     of Health and Human Services shall provide the requestor with 
     such information as the Secretary of Health and Human 
     Services determines may aid them in determining whether an 
     alien is delinquent in the payment of child support.''.

     SEC. 6. 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.
                                 ______