I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parental Responsibility 

5 Obligations Met through Immigration System Enforce6 ment Act’’ or ‘‘PROMISE Act’’. 
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1 SEC. 2. ALIENS INELIGIBLE TO RECEIVE VISAS AND EX2 CLUDED FROM ADMISSION FOR NON3 PAYMENT OF CHILD SUPPORT. 

4 Section 212(a)(10) of the Immigration and Nation5 ality Act (8 U.S.C. 1182(a)(10)) is amended by adding 

6 at the end the following: 

7 ‘‘(F) NONPAYMENT OF CHILD SUPPORT.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), an alien who is legally 

10 obligated under a judgment, decree, or 

11 order to pay child support and whose fail12 ure to pay such child support has resulted 

13 in an arrearage is inadmissible. 

14 ‘‘(ii) EXCEPTION.—An alien described 

15 in clause (i) may be admissible when child 

16 support payments under the judgment, de17 cree, or order are satisfied or the alien is 

18 in compliance with an approved payment 

19 agreement.’’. 

20 SEC. 3. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON 

21 ESTABLISHMENT OF GOOD MORAL CHAR22 ACTER. 

23 Section 101(f) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(f)) is amended—

25 (1) in paragraph (8), by striking the period at 

26 the end and inserting ‘‘; or’’; and 
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1 (2) by inserting after paragraph (8) the fol2 lowing: 

3 ‘‘(9) one who is legally obligated under a judg4 ment, decree, or order to pay child support (as de5 fined in section 212(a)(10)), and whose failure to 

6 pay such child support has resulted in any arrear7 age, unless support payments under the judgment, 

8 decree, or order are satisfied or the alien is in com9 pliance with an approved payment agreement.’’. 

10 SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN 

11 CHILD SUPPORT CASES ON CERTAIN ARRIV12 ING ALIENS. 

13 Section 235(d) of the Immigration and Nationality 

14 Act (8 U.S.C. 1225(d)) is amended by adding at the end 

15 the following: 

16 ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD

17 SUPPORT CASES.—

18 ‘‘(A) IN GENERAL.—To the extent con19 sistent with State law, immigration officers are 

20 authorized to serve on any alien who is an ap21 plicant for admission to the United States, legal 

22 process with respect to any action to enforce a 

23 legal obligation of an individual to pay child 

24 support (as defined in section 459(i) of the So25 cial Security Act). 
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1 ‘‘(B) DEFINITION.—For purposes of sub2 paragraph (A), the term ‘legal process’ means 

3 any writ, order, summons, or other similar 

4 process that is issued by—

5 ‘‘(i) a court or an administrative 

6 agency of competent jurisdiction in any 

7 State, territory, or possession of the 

8 United States; or 

9 ‘‘(ii) an authorized official pursuant to 

10 an order of such a court or agency or pur11 suant to State or local law.’’. 

12 SEC. 5. AUTHORIZATION TO OBTAIN INFORMATION ON 

13 CHILD SUPPORT PAYMENTS BY ALIENS. 

14 Section 453(h) of the Social Security Act (42 U.S.C. 

15 653(h)) is amended by adding at the end the following: 

16 ‘‘(4) PROVISION TO ATTORNEY GENERAL AND

17 SECRETARY OF STATE OF INFORMATION ON PER18 SONS DELINQUENT IN CHILD SUPPORT PAY19 MENTS.—On request by the Attorney General, Sec20 retary of Homeland Security, or the Secretary of 

21 State, the Secretary of Health and Human Services 

22 shall provide the requestor with such information as 

23 the Secretary of Health and Human Services deter24 mines may aid them in determining whether an alien 

25 is delinquent in the payment of child support.’’. 
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1 SEC. 6. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect on the date that is 90 days after the date of 

4 enactment of this Act and shall apply to aliens who apply 

5 for benefits under the Immigration and Nationality Act 

6 (8 U.S.C. 1101 et seq.) on or after such effective date.

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