I
105TH CONGRESS
1ST SESSION
H. R. 2985
To amend the Immigration and Nationality Act to make certain aliens deter-
mined to be delinquent in the payment of child support inadmissible,
deportable, and ineligible for naturalization, to authorize immigration
officers to serve process in child support cases on aliens entering the
United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1997
Mr. CARDIN (for himself, Mr. BUNNING, Mr. ENGLISH of Pennsylvania, Mr.
ENSIGN, Mr. STARK, and Mr. WELLER) 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 provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act to make
certain aliens determined to be delinquent in the pay-
ment of child support inadmissible, deportable, and ineli-
gible for naturalization, to authorize immigration officers
to serve process in child support cases on aliens entering
the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ALIENS INELIGIBLE TO RECEIVE VISAS AND
EXCLUDED FROM ADMISSION FOR NONPAY-
MENT OF CHILD SUPPORT.
(a) IN GENERAL.—Section 212(a)(10) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(10)), as
redesignated and amended by sections 301(b), 347(a), and
352(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; 110
Stat. 3009–576, 3009–639, 3009–641), is amended by
adding at the end the following new subparagraph:
‘‘(F) NONPAYMENT OF CHILD SUPPORT.—
Any alien is inadmissible who is legally obli-
gated under a judgment, decree, or order to pay
child support (as defined in section 459(i) of
the Social Security Act), and whose failure to
pay such child support has resulted in an ar-
rearage exceeding $5,000, until child support
payments under the judgment, decree, or order
are satisfied or the alien is in compliance with
an approved payment agreement.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to visas issued on or after 180 days
after the date of the enactment of this Act.
SEC. 2. REMOVAL OF ALIENS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) IN GENERAL.—Section 237(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1227(a)), as redesig-
nated by section 305(a)(2) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–598) is amended by adding
at the end the following:
‘‘(7) NONPAYMENT OF CHILD SUPPORT.—Any
alien is deportable who is legally obligated under a
judgment, decree, or order to pay child support (as
defined in section 459(i) of the Social Security Act),
and whose failure to pay such child support has re-
sulted in an arrearage exceeding $5,000, until child
support payments under the judgment, decree, or
order are satisfied or the alien is in compliance with
an approved payment agreement.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 180 days after the date of
the enactment of this Act.
SEC. 3. ALIENS INELIGIBLE FOR NATURALIZATION FOR
NONPAYMENT OF CHILD SUPPORT.
(a) IN GENERAL.—Section 318 of the Immigration
and Nationality Act (8 U.S.C. 1429) is amended by add-
ing at the end the following:
‘‘No person shall be naturalized who is legally obligated
under a judgment, decree, or order to pay child support
(as defined in section 459(i) of the Social Security Act),
and whose failure to pay such child support has resulted
in any arrearage, until child support payments under the
judgment, decree, or order are satisfied or the alien is in
compliance with an approved payment agreement.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to applications for naturalization
filed on or after 180 days after the date of the enactment
of this Act.
SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN
CHILD SUPPORT CASES ON CERTAIN ARRIV-
ING ALIENS.
(a) IN GENERAL.—Section 235(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(d)), as amended
by section 302 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (Public Law 104–208;
110 Stat. 3009–584), is amended by adding at the end
the following:
‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD
SUPPORT CASES.—
‘‘(A) IN GENERAL.—To the extent consist-
ent with State law, immigration officers are au-
thorized to serve on any alien who is an appli-
cant for admission to the United States legal
process with respect to any action to enforce or
establish 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 sub-
paragraph (A), the term ‘legal process’ means
any writ, order, summons or other similar proc-
ess, which is issued by—
‘‘(i) a court or an administrative
agency of competent jurisdiction in any
State, territory, or possession of the Unit-
ed States; or
(ii) an authorized official pursuant to
an order of such a court or agency or pur-
suant to State or local law.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to aliens applying for admission
to the United States on or after 180 days after the date
of the enactment of this Act.
SEC. 5. AUTHORITY 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:
‘‘(3) PROVISION TO IMMIGRATION AND NATU-
RALIZATION SERVICE OF INFORMATION ON PERSONS
DELINQUENT
IN
CHILD
SUPPORT
PAYMENTS.—On
request by the Immigration and Naturalization Serv-
ice, the Secretary shall provide the Immigration and
Naturalization Service with such information in the
Federal Case Registry of Child Support Orders as
may aid in determining whether an alien is delin-
quent in the payment of child support.’’.
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