PROMISE Act

Parental Responsibility Obligations Met through Immigration System Enforcement Act - PROMISE Act - Amends the Immigration and Nationality Act to: (1) make an alien excludable from U.S. admission for nonpayment of child support (permits admission upon satisfaction of payments or in compliance with a payment schedule); (2) authorize an immigration officer to serve an alien with legal process in child support cases; and (3) include nonpayment of child support among the considerations for failure of an alien to establish good moral character.

Amends the Social Security Act to authorize the disclosure of an alien's child support-related information to the Attorney General, the Secretary of Homeland Security, or the Secretary of State.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4644 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4644

  To make aliens ineligible to receive visas and exclude aliens from 
   admission into the United States for nonpayment of child support.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2004

Mrs. Johnson of Connecticut (for herself, Mr. Price of North Carolina, 
 and Mr. Cardoza) 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 make aliens ineligible to receive visas and exclude aliens from 
   admission into the United States for nonpayment of child support.

    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.
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