International Marriage Broker Regulation Act of 2005 - Prohibits an international marriage broker from providing any U.S. client with any personal contact information of any individual under the age of 18.
Prohibits a marriage broker from providing any U.S. client with the personal contact information of any foreign national client 18 years of age or older until the marriage broker has: (1) collected certain background information from the U.S. client; (2) provided a copy of such background information to the foreign national client; (3) provided the foreign national client information about legal rights; (4) received consent from the foreign national client to release personal contact information; and (5) informed the U.S. client that he or she will be subject to a criminal background check.
Requires a marriage broker to collect specified background information from each U.S. client.
Sets forth penalties for marriage broker violations.
Amends the Immigration and Nationality Act (INA) to repeal the mail-order bride provision.
Provides for the dissemination of a pamphlet about the resources available for immigrant victims of domestic violence to: (1) foreign national clients of marriage brokers; and (2) beneficiaries of K-visa petitions.
Amends INA to set forth new K-visa processing provisions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1618 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1618
To regulate international marriage broker activity in the United
States, to provide for certain protections for individuals who utilize
the services of international marriage brokers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2005
Ms. Cantwell (for herself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To regulate international marriage broker activity in the United
States, to provide for certain protections for individuals who utilize
the services of international marriage brokers, and for other purposes.
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 ``International Marriage Broker
Regulation Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is a substantial international marriage broker
business worldwide. A 1999 report by the Immigration and
Naturalization Service estimated that there were at least 200
such companies operating in the United States, and that as many
as 4,000 to 6,000 individuals in the United States, almost all
male, found foreign spouses through for-profit international
marriage brokers each year. The international marriage broker
business has grown significantly in recent years, greatly
facilitated by the Internet. Studies suggest that in 2005
approximately 500 such companies operate in the United States.
In addition, the total number of foreign individuals entering
the United States to marry United States residents each year
more than doubled between 1998 and 2002. It is estimated, then,
that in 2005 at least 8,000 to 12,000 individuals in the United
States find foreign spouses through for-profit international
marriage brokers each year.
(2) That report noted that the ``pervasiveness of domestic
violence in our society has already been documented, and with
the burgeoning number of unregulated international matchmaking
organizations and clients using their services, the potential
for abuse in mail-order marriages is considerable.'' The report
noted further that men in the United States who use the
services of an international marriage broker tend to seek
relationships with women whom they feel they can control.
(3) The dangers posed to foreign women who meet their
United States husbands through international marriage brokers
are underscored by the growing number of cases across the
United States of foreign women who have been abused or killed
by those husbands. Two highly publicized examples are the
murders in Washington State of Susanna Remunerata Blackwell of
the Philippines and Anastasia Solovieva King of Kyrgyzstan.
(4) A 2003 survey of programs providing legal services to
battered immigrant women across the country found that more
than 50 percent of these programs had served female immigrant
clients battered by men in the United States they met through
international marriage brokers.
(5) 30.4 percent of all women in the United States are
physically abused by their husbands or male cohabitants at some
point in their lives. 49.3 percent of immigrants reported
physical abuse by an intimate partner during their lifetimes,
with 42.1 percent reporting severe physical or sexual abuse.
Among immigrants who were married or formerly married the
lifetime abuse rate raises as high as 59.5 percent.
(6) Of abusive United States citizen or legal resident
spouses, 72.3 percent never file the immigration papers
necessary for their foreign spouses to obtain legal immigrant
status, and the 27.7 percent who eventually do file wait an
average of 4 years to do so. In 1994, Congress included
immigration protections in the Violence Against Women Act
(``VAWA'') (Public Law 103-322; 108 Stat. 1902), to remove the
ability of abusive United States citizens and legal permanent
residents to fully control their foreign spouses' ability to
gain legal immigration status. By removing the threat of
automatic deportation, VAWA aims to enable battered immigrants
to take actions to protect themselves and their children, such
as calling the police, obtaining a civil protection order, or
filing criminal charges.
(7) Aliens seeking to enter the United States to marry
citizens or legal residents of the United States currently lack
the ability to access and fully verify personal history
information about their prospective spouses in the United
States.
(8) Many individuals entering the United States on K
nonimmigrant visas to marry citizens of the United States are
unaware of United States laws regarding--
(A) domestic violence, including protections for
immigrant victims of domestic violence, sexual assault,
and stalking;
(B) prohibitions on involuntary servitude;
(C) protections from automatic deportation; and
(D) the role of police and the courts in providing
assistance to victims of domestic violence and other
crimes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence'' has
the meaning given such term in section 16 of title 18, United
States Code.
(2) Domestic violence.--The term ``domestic violence''
means any crime of violence, or other act forming the basis for
a past or outstanding protective order, restraining order, no-
contact order, conviction, arrest, or police report, committed
against a person by--
(A) a current or former spouse of the person;
(B) an individual with whom the person shares a
child in common;
(C) an individual with whom the person is
cohabiting or has cohabited;
(D) an individual similarly situated to a spouse of
the person under the domestic or family violence laws
of the jurisdiction in which the offense occurs; or
(E) any other individual if the person is protected
from that individual's acts pursuant to a court order
issued under the domestic or family violence laws of
the United States or any State, Indian tribal
government, or unit of local government.
(3) Foreign national client.--The term ``foreign national
client'' means an individual who is not a United States
citizen, a national of the United States, or an alien lawfully
admitted to the United States for permanent residence and who
utilizes the services of an international marriage broker, and
includes an alien residing in the United States who is in the
United States as a result of utilizing the services of an
international marriage broker.
(4) International marriage broker.--
(A) In general.--The term ``international marriage
broker'' means a corporation, partnership, business,
individual, or other legal entity, whether or not
organized under any law of the United States, that
charges fees for providing dating, matrimonial,
matchmaking services, or social referrals between
United States clients and foreign national clients by
providing personal contact information or otherwise
facilitating communication between individuals from
these respective groups.
(B) Exceptions.--Such term does not include--
(i) a traditional matchmaking organization
of a cultural or religious nature that operates
on a nonprofit basis and in compliance with the
laws of the countries in which it operates,
including the laws of the United States; or
(ii) an entity that provides dating
services between United States citizens or
residents and other individuals who may be
aliens, but does not do so as its principal
business, and charges comparable rates to all
individuals it serves regardless of the gender,
country of citizenship, or residence of the
individual.
(5) K nonimmigrant visa.--The term ``K nonimmigrant visa''
means a nonimmigrant visa issued pursuant to clause (i) or (ii)
of section 101(a)(15)(K) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(K)).
(6) Personal contact information.--
(A) In general.--The term ``personal contact
information'' means information or a forum that would
permit individuals to contact each other and includes--
(i) the name, telephone number, postal
address, electronic mail address, and voice
message mailbox of an individual; and
(ii) the provision of an opportunity for an
in-person meeting.
(B) Exception.--Such term does not include a
photograph or general information about the background
or interests of a person.
(7) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
(8) United states client.--The term ``United States
client'' means a United States citizen or other individual who
resides in the United States and who makes a payment or incurs
a debt in order to utilize the services of an international
marriage broker.
SEC. 4. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Prohibition on Marketing Children.--An international marriage
broker shall not provide any United States client or other person with
the personal contact information, photograph, or general information
about the background or interests of any individual under the age of
18.
(b) Limitations on Sharing Information Regarding Foreign National
Clients.--
(1) In general.--An international marriage broker shall not
provide any United States client or other person with the
personal contact information of any foreign national client or
other individual 18 years of age or older unless and until the
international marriage broker has--
(A) collected certain background information from
the United States client or other person to whom the
personal contact information would be provided, as
specified in subsection (c);
(B) provided a copy of that background information
to the foreign national client or other individual in
the primary language of that client or individual;
(C) provided to the foreign national client or
other individual in such primary language the
information about legal rights and resources available
to immigrant victims of domestic violence and other
crimes in the United States developed under section 5;
(D) received from the foreign national client or
other individual in such primary language a written
consent that is signed (including using an electronic
signature) to release such personal contact information
to the specific United States client or other person to
whom the personal contact information would be
provided; and
(E) informed the United States client or other
person from whom background information has been
collected that, after filing a petition for a K
nonimmigrant visa, the United States client or other
person will be subject to a criminal background check.
(2) Confidentiality after order of protection or crime.--
(A) Nondisclosure of information regarding
individuals with protection orders and victims of
crimes.--In fulfilling its obligations under this
subsection, an international marriage broker shall not
disclose the name or location of an individual who
obtained a restraining or protection order as described
in subsection (c)(2)(A), or of any other victim of a
crime as described in subparagraphs (B) through (D) of
subsection (c)(2).
(B) Disclosure of information regarding united
states clients.--An international marriage broker shall
disclose the relationship of the United States client
or other person to an individual or victim described in
paragraph (A).
(c) Obligations of International Marriage Broker With Respect to
Mandatory Collection of Information.--
(1) In general.--Each international marriage broker shall
collect the background information listed in paragraph (2) from
each United States client or other person to whom the personal
contact information of a foreign national client or any other
individual would be provided. The background information must
be in writing and signed (including using an electronic
signature) by the United States client or other person to whom
the personal contact information of a foreign national client
or any other individual would be provided.
(2) Required background information.--An international
marriage broker shall collect from a United States client or
other person under paragraph (1) background information about
each of the following:
(A) Any court order restricting the client's or
person's physical contact or communication with or
behavior towards another person, including any
temporary or permanent civil restraining order or
protection order.
(B) Any arrest or conviction of the client or
person for homicide, murder, manslaughter, assault,
battery, domestic violence, rape, sexual assault,
abusive sexual contact, sexual exploitation, incest,
child abuse or neglect, torture, trafficking, peonage,
holding hostage, involuntary servitude, slave trade,
kidnapping, abduction, unlawful criminal restraint,
false imprisonment, stalking, or any similar activity
in violation of Federal, State or local criminal law.
(C) Any arrest or conviction of the client or
person for--
(i) solely or principally engaging in, or
facilitating, prostitution;
(ii) any direct or indirect attempts to
procure prostitutes or persons for the purpose
of prostitution; or
(iii) any receipt, in whole or in part, of
the proceeds of prostitution.
(D) Any arrest or conviction of the client or
person for offenses related to controlled substances or
alcohol.
(E) Marital history of the client or person,
including--
(i) whether the client or individual is
currently married;
(ii) whether the client or person has
previously been married and how many times;
(iii) how previous marriages of the client
or person were terminated and the date of
termination; and
(iv) whether the client or person has
previously sponsored the immigration of an
alien to whom the client or person was engaged
or married.
(F) The ages of any children of the client or
person under the age of 18.
(G) All States in which the client or person has
resided since the age of 18.
(d) Penalties.--
(1) Federal civil penalty.--
(A) Violation.--An international marriage broker
that violates subsection (a), (b), or (c) is subject to
a civil penalty of not less than $20,000 for each such
violation.
(B) Procedures for imposition of penalty.--The
Secretary of Homeland Security may impose a penalty
under paragraph (A) only after notice and an
opportunity for an agency hearing on the record in
accordance with subchapter II of chapter 5 of title 5,
United States Code.
(2) Federal criminal penalty.--An international marriage
broker that violates subsection (a), (b), or (c) within the
special maritime and territorial jurisdiction of the United
States shall be fined in accordance with subchapter B of
chapter 229 of title 18, United States Code, or imprisoned for
not less than 1 year and not more than 5 years, or both.
(3) State enforcement.--In any case in which the Attorney
General of a State has reason to believe that an interest of
the residents of that State has been, or is threatened to be,
adversely affected by a violation of subsection (a), (b), or
(c) by an international marriage broker, the State, as parens
patriae, may bring a civil action on behalf of the residents of
the State in a district court of the United States with
appropriate jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this section; or
(C) obtain damages.
(4) Additional remedies.--The penalties and remedies under
this subsection are in addition to any other penalties or
remedies available under law.
(e) Nonpreemption.--Nothing in this section shall preempt--
(1) any State law that provides additional protections for
aliens who are utilizing the services of an international
marriage broker or other international matchmaking
organization; or
(2) any other or further right or remedy available under
law to any party utilizing the services of an international
marriage broker or other international matchmaking
organization.
(f) Repeal of Mail-Order Bride Provision.--Section 652 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1375) is hereby repealed.
SEC. 5. INFORMATION ABOUT LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT
VICTIMS OF DOMESTIC VIOLENCE.
(a) Development of Information Pamphlet.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall develop an
information pamphlet to ensure the consistency and accuracy of
information disseminated to--
(A) foreign national clients or other individuals
by international marriage brokers pursuant to section
4(b)(1)(C); and
(B) beneficiaries of petitions filed by United
States citizens for K nonimmigrant visas.
(2) Consultation with expert organizations.--The Secretary
of Homeland Security, in consultation with the Secretary of
State, shall develop such information pamphlet by working in
consultation with non-profit, non-governmental immigrant victim
advocacy organizations.
(b) Contents of Information Pamphlet.--The information pamphlet
required under subsection (a) shall include information on the
following:
(1) The K nonimmigrant visa application process and the
marriage-based immigration process, including conditional
residence and adjustment of status.
(2) The requirement that international marriage brokers
provide foreign national clients with background information
collected from United States clients regarding their marital
history and domestic violence or other violent criminal
history, but that such information may not be complete or
accurate.
(3) The illegality of domestic violence, sexual assault,
and child abuse in the United States.
(4) Information on the dynamics of domestic violence.
(5) Domestic violence and sexual assault services in the
United States, including the National Domestic Violence
Hotline, a project of the Texas Council on Family Violence, a
nonprofit organization dedicated to fighting domestic violence,
and the National Sexual Assault Hotline, operated by the Rape,
Abuse and Incest National Network, and independent anti-sexual
assault organization.
(6) A description of immigration relief available to an
immigrant victim of domestic violence, sexual assault,
trafficking, and other crimes under the Violence Against Women
Act, including the amendments made by that Act, section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)), and section 101(a)(15)(T) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(T)).
(7) The legal rights of immigrant victims of abuse and
other crimes in immigration, criminal justice, family law, and
other matters.
(8) The obligations of parents to provide child support for
children.
(9) The illegality of and penalties for knowingly entering
into marriage for the purpose of evading the immigration laws
of the United States.
(c) Translation.--
(1) Languages.--In order to best serve the language groups
most recruited by international marriage brokers and having the
greatest concentration of K nonimmigrant visa applicants, the
Secretary of Homeland Security, in consultation with the
Secretary of State, shall translate the information pamphlet
developed under this section, subject to paragraph (2), into
the following languages:
(A) Arabic.
(B) Chinese.
(C) French.
(D) Hindi.
(E) Japanese.
(F) Korean.
(G) Polish.
(H) Portuguese.
(I) Russian.
(J) Spanish.
(K) Tagalog.
(L) Thai.
(M) Ukrainian.
(N) Vietnamese.
(2) Modification of language.--The Secretary of Homeland
Security may modify the translation requirements of paragraph
(1) if the report submitted under section 7(b) includes
recommendations for such modification.
(d) Availability and Distribution.--The information pamphlet under
this subsection shall be made available and distributed as follows:
(1) International marriage brokers and victim advocacy
organizations.--The information pamphlet shall be made
available to each international marriage broker and to each
governmental or non-governmental victim advocacy organization.
(2) K nonimmigrant visa applicants.--
(A) Mailing with immigration forms.--The
information pamphlet shall be mailed by the National
Visa Center, of the Secretary of State, to each
applicant for a K nonimmigrant visa at the same time
that Form DS-3032 is mailed to such applicant. The
pamphlet so mailed shall be in the primary language of
the applicant, or in English if no translation into the
applicant's primary language is available.
(B) Posting on nvc web site.--The Secretary of
State shall post the content of the pamphlet on the web
site of the National Visa Center, as well as on the web
sites of all consular posts processing K nonimmigrant
visa applications.
(C) Consular interviews.--The Secretary of State
shall require that the pamphlet be distributed directly
to such applicants at all consular interviews for K
nonimmigrant visas. If no written translation into the
applicant's primary language is available, the consular
officer conducting the visa interview shall review the
pamphlet with the applicant orally in the applicant's
primary language, in addition to distributing the
pamphlet to the applicant in English.
SEC. 6. CHANGES IN PROCESSING K NONIMMIGRANT VISAS; CONSULAR
CONFIDENTIALITY.
(a) K Nonimmigrant Visa Processing.--Section 214(d) of the
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears;
(2) by inserting ``(1)'' before ``A visa''; and
(3) by adding at the end the following:
``(2) A United States citizen may not file a petition under
paragraph (1) if such a petition filed by that petitioner for another
alien fiancee or fiance is pending or has been approved and is still
valid.
``(3) The Secretary of Homeland Security shall provide to the
Secretary of State the criminal background information on a petitioner
for a visa under clause (i) or (ii) of section 101(a)(15)(K) to which
it has access under existing authority in the course of adjudicating
the petition.
``(4) Each petitioner for a visa under clause (i) or (ii) of
section 101(a)(15)(K) shall provide, as part of the petition, in
writing and signed under penalty of perjury, information described in
section 4(c)(2) of the International Marriage Broker Regulation Act of
2005.
``(5) The Secretary of State shall ensure that an applicant for a
visa under clause (i) or (ii) of section 101(a)(15)(K)--
``(A) shall be provided, by mail or electronically--
``(i) a copy of the petition for such visa
submitted by the United States citizen petitioner; and
``(ii) any information that is contained in the
background check described in paragraph (3) relating to
any court orders, arrests, or convictions described in
subparagraphs (A) through (D) of section 4(c)(2) of the
International Marriage Broker Regulation Act of 2005;
``(B) shall be informed that petitioner information
described in subparagraph (A) is based on available records and
may not be complete; and
``(C) shall be asked in the primary language of the visa
applicant whether an international marriage broker has
facilitated the relationship between the visa applicant and the
United States petitioner and whether that international
marriage broker complied with the requirements of section 4 of
such Act.
``(6) The Secretary shall provide for the disclosure of information
described in paragraph (5) to the visa applicant at the consular
interview in the primary language of the visa applicant.
``(7) The fact that an alien described in clause (i) or (ii) of
section 101(a)(15)(K) is aware of any information disclosed under
paragraph (5) shall not be used against the alien in any determination
of eligibility for relief under this Act or the Violence Against Women
Act (Public Law 103-322; 108 Stat. 1902), and the amendments made by
that Act.
``(8) In fulfilling the requirements of paragraph (5)(A)(ii), a
consular officer shall not disclose the name or location of any person
who obtained a restraining or protective order against the petitioner,
but shall disclose the relationship of the person to the petitioner.''.
(b) Sharing of Certain Information.--Section 222(f) of the
Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be
construed to prevent the sharing of information under section 214(d) of
such Act (8 U.S.C. 1184(d)).
(c) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed after the date of enactment of this Act.
SEC. 7. STUDY AND REPORT.
(a) Study.--The Secretary of Homeland Security, through the
Director of the Bureau of Citizenship and Immigration Services, shall
conduct a study of the international marriage broker industry in the
United States that--
(1) estimates, for the years 1995 through 2005,the number
of international marriage brokers doing business in the United
States, the number of marriages resulting from the services
provided by such brokers, and the extent of compliance with the
applicable requirements of this Act;
(2) assess the information gathered under this Act from
clients by international marriage brokers and from petitioners
by the Bureau of Citizenship and Immigration Services;
(3) examine, based on the information gathered, the extent
to which persons with a history of violence are using the
services of international marriage brokers and the extent to
which such persons are providing accurate information to
international marriage brokers in accordance with section 4;
(4) assess the accuracy of the criminal background check at
identifying past instances of domestic violence; and
(5) assess the extent to which the languages of translation
required under section 5(c)(1) continue to accurately reflect
the highest markets for recruitment by international marriage
brokers and the greatest concentrations of K nonimmigrant visa
applicants.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Homeland Security shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives setting forth the results of
the study conducted under subsection (a).
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), section 5,
and the amendments made by section 6, this Act shall take effect on the
date which is 60 days after the date of enactment of this Act.
(b) Additional Time Allowed for Information Pamphlet.--Section 5(b)
shall take effect on the date which is 120 days after the date of
enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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