[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Proposed Rules]
[Pages 38041-38042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18717]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 136 / Wednesday, July 16, 1997 / 
Proposed Rules  

[[Page 38041]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1838-97]
RIN 1115-AE77


International Matchmaking Organizations

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice announces the intent of the Immigration and 
Naturalization Service (``the Service'') to promulgate regulations 
implementing section 652 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (``IIRIRA''), Pub. L. 104-208, 
Div. C, 110 Stat 3009 (1996), which became effective on September 30, 
1996. That provision requires international matchmaking organizations 
to provide certain immigration and naturalization information to 
recruits. This new provision also requires the Attorney General to 
conduct a study of this industry to collect data regarding the number 
of mail order marriages, the extent of marriage fraud and domestic 
abuse within such marriages, and whether additional measures are needed 
to reduce the incidence of abusive and fraudulent marriages initiated 
through this industry. By issuing this advance notice, the Service is 
providing an opportunity for the public to submit comments and make 
suggestions prior to promulgating any regulations. This will result in 
a proposed rule that is more comprehensive in its scope and more 
understandable to the public.

DATES: Written comments must be submitted on or before September 15, 
1997.

ADDRESSES: Comments on this notice of intent must be submitted, in 
triplicate, to the Director, Policy Directives and Instructions Branch, 
Immigration and Naturalization Service, 425 I Street, NW, Room 5307, 
Washington, DC 20536. To ensure proper handling, please reference INS 
number 1838-97 on your correspondence. Comments are available for 
public inspection at this location by calling (202) 514-3291 to arrange 
for an appointment.

FOR FURTHER INFORMATION CONTACT: Karen FitzGerald, Staff Officer, 
Immigration and Naturalization Service, 425 I Street NW., Room 3214, 
Washington, DC 20536. Telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

    Congress has determined that there is a large and unregulated 
``mail order bride'' industry in the United States in which the 
participants earn substantial profits. IIRIRA section 652(a)(2). 
Furthermore, Congress has indicated that there is evidence to suggest 
that these ``international matchmaking organizations'' may in some ways 
facilitate abusive and fraudulent marriages because many ``mail order 
brides come to the United States unaware or ignorant of United States 
immigration law.'' Id. section 652(a)(4). Specifically, Congress has 
determined that many ``mail order brides'' who find themselves in 
abusive relationships think that, if they flee an abusive marriage, 
they will be deported from the United States. Id. This belief is often 
the result of threats by the abusive spouse to have the victim deported 
if the abuse is reported to law enforcement authorities. Id.
    In response to these concerns, Congress enacted section 652 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA), to require international matchmaking organizations to 
disseminate certain immigration information to recruits under pain of 
civil penalty.

Definitions

    The following terms are defined in section 652(e) of IIRIRA.
    ``International matchmaking organization'' is defined as ``a 
corporation, partnership, business, or other legal entity, whether or 
not organized under the laws of the United States or any State, that 
does business in the United States and for profit offers to United 
States citizens or aliens lawfully admitted for permanent residence, 
dating, matrimonial, or social referral services to nonresident 
noncitizens'' by: an exchange of names, telephone numbers, addresses, 
or statistics, selection of photographs, or a social environment 
provided by the organization in a country other than the United States. 
This term does not include a traditional matchmaking organization of a 
religious nature that otherwise operates in compliance with the laws of 
the countries of the recruits of such organization and the laws of the 
United States.
    The term ``recruit'' means ``a noncitizen, nonresident person, 
recruited by the international matchmaking organization for the purpose 
of providing dating, matrimonial, or social referral services to United 
States citizens or aliens lawfully admitted for permanent residence.''

Information Dissemination

    Section 652 of the IIRIRA requires that all international 
matchmaking organizations doing business in the United States provide 
certain immigration and naturalization information to recruits ``upon 
recruitment.'' The immigration information to be disseminated would 
explain: conditional permanent resident status and the battered spouse 
waiver under that status; permanent resident status; marriage fraud 
penalties; the unregulated nature of the matchmaking industry; and 
provide information relating to the study of the industry as required 
by this provision. In addition, the Service has the discretion to 
require the dissemination of additional information by these 
organizations. All of the information disseminated under this provision 
must be provided to the recruit in the recruit's native language.
    Failure to comply with the information dissemination provisions of 
section 652 of the IIRIRA can result in the imposition of a civil 
monetary penalty of up to $20,000. Violators of the provision must be 
given notice and the opportunity for a hearing prior to imposing such a 
penalty.

Public Input Requested

    The Service invites all interested parties, including 
representatives of the international matchmaking industry, private and 
public organizations that provide shelters and safehouses for battered 
individuals, state and local law

[[Page 38042]]

enforcement agencies, social service agencies, and immigrant and 
victims' rights groups to submit comments relating to the 
implementation of the information dissemination provision of section 
652 of the IIRIRA.
    Although the Service seeks comments with respect to all aspects of 
the information dissemination provision, the following categories are 
offered as a guide to some of the specific comments the Service is 
seeking.

1. Content of the Information

    A. The statutorily required information.
    B. Additional information.
    C. Information currently being provided to recruits by 
international matchmaking organizations.
    D. Information that may be beneficial to immigrants who find 
themselves the victims of domestic abuse perpetrated by their United 
States citizen or lawful permanent resident spouses.
    E. Information that will serve to deter marriage fraud.

2. Form of the Information

    A. Ensuring proper and effective translation of the information in 
the recruits' native languages.
    B. Languages in which international matchmaking organizations 
communicate with recruits.
    C. Form in which international matchmaking organizations provide 
information to recruits.

3. Manner of Dissemination

    A. When recruits should be given the required information.
    B. How international matchmaking organizations communicate and 
share information with recruits.
    C. How recruits should be given the required information.

4. Monitoring and Enforcement

    A. How the Service can identify and locate all international 
matchmaking organizations subject to this provision.
    B. How the Service should monitor these organizations to ensure 
that the information is disseminated.
    C. How the Service should ensure compliance with the information 
dissemination provisions.
    D. Procedures for fining organizations not in compliance.

    Dated: May 28, 1997.
Doris Meissner,
Commissioner, Immigration Service Naturalization Service.
[FR Doc. 97-18717 Filed 7-15-97; 8:45 am]
BILLING CODE 4410-10-M