American Child Support Enforcement Immigration Act of 2006

American Child Support Enforcement Immigration Act of 2006 - Amends the Immigration and Nationality Act to prohibit the Secretary of Homeland Security (Secretary) from approving a family-based immigration petition or fiance/fiancee nonimmigrant petition by a petitioner certified by the Secretary of Health and Human Services as owing child support arrearages.

Authorizes the Secretary to revoke a previously-approved petition (if a visa has not been issued or a status adjustment has not been effected) if such petition would not have been approved had the provisions of this Act been in effect.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5977 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5977

To amend the Immigration and Nationality Act and title IV of the Social 
    Security Act to provide for the denial of family classification 
  petitions filed by an individual who owes child support arrearages.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

  Mr. Bartlett of Maryland (for himself, Mr. Jones of North Carolina, 
Mrs. Emerson, Mr. Tancredo, and Mr. Weldon of Pennsylvania) 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 and title IV of the Social 
    Security Act to provide for the denial of family classification 
  petitions filed by an individual who owes child support arrearages.

    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 ``American Child Support Enforcement 
Immigration Act of 2006''.

SEC. 2. DENIAL OF FAMILY CLASSIFICATION PETITIONS FILED BY INDIVIDUALS 
              WHO OWE CHILD SUPPORT ARREARAGES.

    (a) In General.--
            (1) Family-based classification petitions for immigrants.--
        Section 204 of the Immigration and Nationality Act (8 U.S.C. 
        1154) is amended by adding at the end the following new 
        subsection:
    ``(l) Denial of Family-Based Classification Petition for 
Petitioners Certified as Owing Child Support Arrearages.--The Secretary 
of Homeland Security shall, upon certification by the Secretary of 
Health and Human Services transmitted under section 452(k)(1) of the 
Social Security Act with respect to an individual, not approve a 
petition filed by such individual under subsection (a) for 
classification of an alien by reason of a relationship described in 
paragraph (1), (2), (3), or (4) of section 203(a) or by reason of 
immediate relative status under section 201(b)(2)(A)(i).''.
            (2) Petitions for nonimmigrant fiancees and fiances.--
        Section 214(d)(1) of such Act (8 U.S.C. 1184(d)(1)) is 
        amended--
                    (A) by inserting ``(A)'' after ``(d)(1)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) The Secretary of Homeland Security shall, upon certification 
by the Secretary of Health and Human Services transmitted under section 
452(k)(1) of the Social Security Act with respect to an individual, not 
approve a petition filed by such individual under the first sentence of 
subparagraph (A).''.
    (b) Certification of Arrearages.--
            (1) In general.--Section 452(k) of the Social Security Act 
        (42 U.S.C. 652(k)) is amended--
                    (A) in paragraph (1), by inserting before the 
                period at the end the following: ``and to the Secretary 
                of Homeland Security for action (with respect to denial 
                of classification petitions) pursuant to sections 
                204(l) and 214(d)(1)(B) of the Immigration and 
                Nationality Act''; and
                    (B) in paragraph (3), by striking ``and the 
                Secretary of State'' and inserting ``, the Secretary of 
                State, and the Secretary of Homeland Security''.
            (2) Transition for previously transmitted certifications.--
        The Secretary of Health and Human Services shall provide for 
        the expeditious transmittal to the Secretary of Homeland 
        Security of certifications previously transmitted to the 
        Secretary of State under section 452(k)(1) of the Social 
        Security Act. Such transmittal of certifications shall be 
        treated, for purposes of section 204(l) and 214(d)(1)(B) of the 
        Immigration and Nationality Act (as added by subsection (a) of 
        this Act), as a transmittal of information under such section 
        452(k)(1).
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to classification petitions that have not been approved 
        as of the date of the enactment of this Act, regardless of the 
        date on which they were filed.
            (2) Application to previously approved petitions.--The 
        Secretary of Homeland Security may revoke the approval of a 
        classification petition that has been approved as of the date 
        of the enactment of this section and on the basis of which a 
        visa has not been issued or an adjustment of status has not 
        been effected, if the Secretary determines that such petition 
        would not have been approved if such amendments applied before 
        the date of the approval of such petition.
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