110th CONGRESS
1st Session
H. R. 78
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 4, 2007
Mr. BARTLETT of Maryland 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 2006'.
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:
`(l) 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(l) 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(l) and 214(d)(1)(B) of the Immigration and Nationality
Act (as added by subsection (a) of this Act), 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
