[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