HR 89
112th CONGRESS
1st Session
H. R. 89
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
January 5, 2011
Mr. BARTLETT 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 2011'.
SEC. 2. DENIAL OF FAMILY CLASSIFICATION PETITIONS FILED BY INDIVIDUALS WHO
OWE CHILD SUPPORT ARREARAGES.
(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:
`(m) 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(m) 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(m) and 214(d)(1)(B) of the Immigration and Nationality Act (as
added by subsection (a) of this section), as a transmittal of information
under such section 452(k)(1).
(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 section, 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 the amendments made by this section applied before the
date of the approval of such petition.
END
