I
107TH CONGRESS
2D SESSION
H. R. 4597
To prevent nonimmigrant aliens who are delinquent in child support payments
from gaining entry into the United States.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 2002
Mr. CARDIN introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To prevent nonimmigrant aliens who are delinquent in child
support payments from gaining entry into the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMMIGRATION PROVISIONS.
(a) NONIMMIGRANT ALIENS INELIGIBLE TO RE-
CEIVE VISAS
AND EXCLUDED FROM ADMISSION
FOR
NONPAYMENT OF CHILD SUPPORT.—
(1) IN GENERAL.—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.—Any 
non-
immigrant alien is inadmissible who is le-
gally 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 sup-
port has resulted in an arrearage exceeding
$2,500, until child support payments
under the judgment, decree, or order are
satisfied or the nonimmigrant alien is in
compliance with an approved payment
agreement.
‘‘(ii) WAIVER AUTHORIZED.—The At-
torney General may waive the application
of clause (i) in the case of an alien, if the
Attorney General—
‘‘(I) has received a request for
the waiver from the court or adminis-
trative agency having jurisdiction over
the judgment, decree, or order obli-
gating the alien to pay child support
that is referred to in such clause; or
‘‘(II) determines that there are
prevailing humanitarian or public in-
terest concerns.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall take effect 180 days after
the date of the enactment of this Act.
(b) AUTHORIZATION TO SERVE LEGAL PROCESS IN
CHILD
SUPPORT
CASES
ON
CERTAIN
ARRIVING
ALIENS.—
(1) IN GENERAL.—Section 235(d) of the Immi-
gration 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 con-
sistent with State law, immigration officers are
authorized to serve on any alien who is an ap-
plicant 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
United States; or
‘‘(ii) an authorized official pursuant to
an order of such a court or agency or pur-
suant to State or local law.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection 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.
(c) AUTHORIZATION TO SHARE CHILD SUPPORT EN-
FORCEMENT INFORMATION TO ENFORCE IMMIGRATION
AND NATURALIZATION LAW.—
(1) SECRETARIAL
RESPONSIBILITY.—Section
452 of the Social Security Act (42 U.S.C. 652) is
amended by adding at the end the following:
‘‘(m) If the Secretary receives a certification by a
State agency, in accordance with section 454(34), that an
individual who is a nonimmigrant alien (as defined in sec-
tion 101(a)(15) of the Immigration and Nationality Act)
owes arrearages of child support in an amount exceeding
$2,500, the Secretary may, at the request of the State
agency, the Secretary of State, or the Attorney General,
or on the Secretary’s own initiative, provide such certifi-
cation to the Secretary of State and the Attorney General
information in order to enable them to carry out their re-
sponsibilities under sections 212(a)(10) and 235(d) of
such Act.’’.
(2) STATE AGENCY RESPONSIBILITY.—Section
454 of the Social Security Act (42 U.S.C. 654) is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (32);
(B) by striking the period at the end of
paragraph (33) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (33) the
following:
‘‘(34) provide that the State agency will have in
effect a procedure for certifying to the Secretary, in
such format and accompanied by such supporting
documentation as the Secretary may require, deter-
minations that nonimmigrant aliens owe arrearages
of child support in an amount exceeding $2,500.’’.
(3) EFFECTIVE DATE.—
(A) IN GENERAL.—The amendments made
by this subsection shall take effect on October
1, 2004, and, except as provided in subpara-
graph (B) of this paragraph, the amendments
made by paragraph (2) shall apply to payments
under part D of title IV of the Social Security
Act for calendar quarters beginning on or after
such date.
(B) DELAY PERMITTED IF STATE LEGISLA-
TION REQUIRED.—In the case of a State plan
approved under section 454 of the Social Secu-
rity Act which the Secretary of Health and
Human Services determines requires State leg-
islation (other than legislation appropriating
funds) in order for the plan to meet the addi-
tional requirement imposed by the amendments
made by paragraph (2) of this subsection, the
State plan shall not be regarded as failing to
comply with the requirements of such section
454 solely on the basis of the failure of the plan
to meet such additional requirement before the
1st day of the 1st calendar quarter beginning
after the close of the 1st regular session of the
State legislature that begins after the date of
the enactment of this Act. For purposes of the
preceding sentence, in the case of a State that
has a 2-year legislative session, each year of
such session shall be deemed to be a separate
regular session of the State legislature.
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