S.1618
International Marriage Broker Regulation Act of 2005 (Introduced in
Senate)
SECTION 4. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Prohibition on Marketing Children- An international marriage broker
shall not provide any United States client or other person with the personal
contact information, photograph, or general information about the background
or interests of any individual under the age of 18.
(b) Limitations on Sharing Information Regarding Foreign National
Clients-
(1) IN GENERAL- An international marriage broker shall not provide any
United States client or other person with the personal contact information
of any foreign national client or other individual 18 years of age or older
unless and until the international marriage broker has--
(A) collected certain background information from the United States
client or other person to whom the personal contact information would be
provided, as specified in subsection (c);
(B) provided a copy of that background information to the foreign
national client or other individual in the primary language of that client
or individual;
(C) provided to the foreign national client or other individual in
such primary language the information about legal rights and resources
available to immigrant victims of domestic violence and other crimes in
the United States developed under section 5;
(D) received from the foreign national client or other individual in
such primary language a written consent that is signed (including using an
electronic signature) to release such personal contact information to the
specific United States client or other person to whom the personal contact
information would be provided; and
(E) informed the United States client or other person from whom
background information has been collected that, after filing a petition
for a K nonimmigrant visa, the United States client or other person will
be subject to a criminal background check.
(2) CONFIDENTIALITY AFTER ORDER OF PROTECTION OR CRIME-
(A) NONDISCLOSURE OF INFORMATION REGARDING INDIVIDUALS WITH PROTECTION
ORDERS AND VICTIMS OF CRIMES- In fulfilling its obligations under this
subsection, an international marriage broker shall not disclose the name
or location of an individual who obtained a restraining or protection
order as described in subsection (c)(2)(A), or of any other victim of a
crime as described in subparagraphs (B) through (D) of subsection
(c)(2).
(B) DISCLOSURE OF INFORMATION REGARDING UNITED STATES CLIENTS- An
international marriage broker shall disclose the relationship of the
United States client or other person to an individual or victim described
in paragraph (A).
(c) Obligations of International Marriage Broker With Respect to Mandatory
Collection of Information-
(1) IN GENERAL- Each international marriage broker shall collect the
background information listed in paragraph (2) from each United States
client or other person to whom the personal contact information of a foreign
national client or any other individual would be provided. The background
information must be in writing and signed (including using an electronic
signature) by the United States client or other person to whom the personal
contact information of a foreign national client or any other individual
would be provided.
(2) REQUIRED BACKGROUND INFORMATION- An international marriage broker
shall collect from a United States client or other person under paragraph
(1) background information about each of the following:
(A) Any court order restricting the client's or person's physical
contact or communication with or behavior towards another person,
including any temporary or permanent civil restraining order or protection
order.
(B) Any arrest or conviction of the client or person for homicide,
murder, manslaughter, assault, battery, domestic violence, rape, sexual
assault, abusive sexual contact, sexual exploitation, incest, child abuse
or neglect, torture, trafficking, peonage, holding hostage, involuntary
servitude, slave trade, kidnapping, abduction, unlawful criminal
restraint, false imprisonment, stalking, or any similar activity in
violation of Federal, State or local criminal law.
(C) Any arrest or conviction of the client or person for--
(i) solely or principally engaging in, or facilitating,
prostitution;
(ii) any direct or indirect attempts to procure prostitutes or
persons for the purpose of prostitution; or
(iii) any receipt, in whole or in part, of the proceeds of
prostitution.
(D) Any arrest or conviction of the client or person for offenses
related to controlled substances or alcohol.
(E) Marital history of the client or person, including--
(i) whether the client or individual is currently
married;
(ii) whether the client or person has previously been married and
how many times;
(iii) how previous marriages of the client or person were terminated
and the date of termination; and
(iv) whether the client or person has previously sponsored the
immigration of an alien to whom the client or person was engaged or
married.
(F) The ages of any children of the client or person under the age of
18.
(G) All States in which the client or person has resided since the age
of 18.
(1) FEDERAL CIVIL PENALTY-
(A) VIOLATION- An international marriage broker that violates
subsection (a), (b), or (c) is subject to a civil penalty of not less than
$20,000 for each such violation.
(B) PROCEDURES FOR IMPOSITION OF PENALTY- The Secretary of Homeland
Security may impose a penalty under paragraph (A) only after notice and an
opportunity for an agency hearing on the record in accordance with
subchapter II of chapter 5 of title 5, United States Code.
(2) FEDERAL CRIMINAL PENALTY- An international marriage broker that
violates subsection (a), (b), or (c) within the special maritime and
territorial jurisdiction of the United States shall be fined in accordance
with subchapter B of chapter 229 of title 18, United States Code, or
imprisoned for not less than 1 year and not more than 5 years, or
both.
(3) STATE ENFORCEMENT- In any case in which the Attorney General of a
State has reason to believe that an interest of the residents of that State
has been, or is threatened to be, adversely affected by a violation of
subsection (a), (b), or (c) by an international marriage broker, the State,
as parens patriae, may bring a civil action on behalf of the residents of
the State in a district court of the United States with appropriate
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this section; or
(4) ADDITIONAL REMEDIES- The penalties and remedies under this
subsection are in addition to any other penalties or remedies available
under law.
(e) Nonpreemption- Nothing in this section shall preempt--
(1) any State law that provides additional protections for aliens who
are utilizing the services of an international marriage broker or other
international matchmaking organization; or
(2) any other or further right or remedy available under law to any
party utilizing the services of an international marriage broker or other
international matchmaking organization.
(f) Repeal of Mail-Order Bride Provision- Section 652 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1375) is
hereby repealed.
SECTION 5. INFORMATION ABOUT LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT VICTIMS
OF DOMESTIC VIOLENCE.
(a) Development of Information Pamphlet-
(1) IN GENERAL- The Secretary of Homeland Security, in consultation with
the Secretary of State, shall develop an information pamphlet to ensure the
consistency and accuracy of information disseminated to--
(A) foreign national clients or other individuals by international
marriage brokers pursuant to section 4(b)(1)(C); and
(B) beneficiaries of petitions filed by United States citizens for K
nonimmigrant visas.
(2) CONSULTATION WITH EXPERT ORGANIZATIONS- The Secretary of Homeland
Security, in consultation with the Secretary of State, shall develop such
information pamphlet by working in consultation with non-profit,
non-governmental immigrant victim advocacy organizations.
(b) Contents of Information Pamphlet- The information pamphlet required
under subsection (a) shall include information on the following:
(1) The K nonimmigrant visa application process and the marriage-based
immigration process, including conditional residence and adjustment of
status.
(2) The requirement that international marriage brokers provide foreign
national clients with background information collected from United States
clients regarding their marital history and domestic violence or other
violent criminal history, but that such information may not be complete or
accurate.
(3) The illegality of domestic violence, sexual assault, and child abuse
in the United States.
(4) Information on the dynamics of domestic violence.
(5) Domestic violence and sexual assault services in the United States,
including the National Domestic Violence Hotline, a project of the Texas
Council on Family Violence, a nonprofit organization dedicated to fighting
domestic violence, and the National Sexual Assault Hotline, operated by the
Rape, Abuse and Incest National Network, and independent anti-sexual assault
organization.
(6) A description of immigration relief available to an immigrant victim
of domestic violence, sexual assault, trafficking, and other crimes under
the Violence Against Women Act, including the amendments made by that Act,
section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)), and section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)).
(7) The legal rights of immigrant victims of abuse and other crimes in
immigration, criminal justice, family law, and other matters.
(8) The obligations of parents to provide child support for
children.
(9) The illegality of and penalties for knowingly entering into marriage
for the purpose of evading the immigration laws of the United States.
(1) LANGUAGES- In order to best serve the language groups most recruited
by international marriage brokers and having the greatest concentration of K
nonimmigrant visa applicants, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall translate the information
pamphlet developed under this section, subject to paragraph (2), into the
following languages:
(2) MODIFICATION OF LANGUAGE- The Secretary of Homeland Security may
modify the translation requirements of paragraph (1) if the report submitted
under section 7(b) includes recommendations for such modification.
(d) Availability and Distribution- The information pamphlet under this
subsection shall be made available and distributed as follows:
(1) INTERNATIONAL MARRIAGE BROKERS AND VICTIM ADVOCACY ORGANIZATIONS-
The information pamphlet shall be made available to each international
marriage broker and to each governmental or non-governmental victim advocacy
organization.
(2) K NONIMMIGRANT VISA APPLICANTS-
(A) MAILING WITH IMMIGRATION FORMS- The information pamphlet shall be
mailed by the National Visa Center, of the Secretary of State, to each
applicant for a K nonimmigrant visa at the same time that Form DS-3032 is
mailed to such applicant. The pamphlet so mailed shall be in the primary
language of the applicant, or in English if no translation into the
applicant's primary language is available.
(B) POSTING ON NVC WEB SITE- The Secretary of State shall post the
content of the pamphlet on the web site of the National Visa Center, as
well as on the web sites of all consular posts processing K nonimmigrant
visa applications.
(C) CONSULAR INTERVIEWS- The Secretary of State shall require that the
pamphlet be distributed directly to such applicants at all consular
interviews for K nonimmigrant visas. If no written translation into the
applicant's primary language is available, the consular officer conducting
the visa interview shall review the pamphlet with the applicant orally in
the applicant's primary language, in addition to distributing the pamphlet
to the applicant in English.
SECTION 6. CHANGES IN PROCESSING K NONIMMIGRANT VISAS; CONSULAR
CONFIDENTIALITY.
(a) K Nonimmigrant Visa Processing- Section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears;
(2) by inserting `(1)' before `A visa'; and
(3) by adding at the end the following:
`(2) A United States citizen may not file a petition under paragraph (1)
if such a petition filed by that petitioner for another alien fiancee or
fiance is pending or has been approved and is still valid.
`(3) The Secretary of Homeland Security shall provide to the Secretary of
State the criminal background information on a petitioner for a visa under
clause (i) or (ii) of section 101(a)(15)(K) to which it has access under
existing authority in the course of adjudicating the petition.
`(4) Each petitioner for a visa under clause (i) or (ii) of section
101(a)(15)(K) shall provide, as part of the petition, in writing and signed
under penalty of perjury, information described in section 4(c)(2) of the
International Marriage Broker Regulation Act of 2005.
`(5) The Secretary of State shall ensure that an applicant for a visa
under clause (i) or (ii) of section 101(a)(15)(K)--
`(A) shall be provided, by mail or electronically--
`(i) a copy of the petition for such visa submitted by the United
States citizen petitioner; and
`(ii) any information that is contained in the background check
described in paragraph (3) relating to any court orders, arrests, or
convictions described in subparagraphs (A) through (D) of section 4(c)(2)
of the International Marriage Broker Regulation Act of 2005;
`(B) shall be informed that petitioner information described in
subparagraph (A) is based on available records and may not be complete;
and
`(C) shall be asked in the primary language of the visa applicant
whether an international marriage broker has facilitated the relationship
between the visa applicant and the United States petitioner and whether that
international marriage broker complied with the requirements of section 4 of
such Act.
`(6) The Secretary shall provide for the disclosure of information
described in paragraph (5) to the visa applicant at the consular interview in
the primary language of the visa applicant.
`(7) The fact that an alien described in clause (i) or (ii) of section
101(a)(15)(K) is aware of any information disclosed under paragraph (5) shall
not be used against the alien in any determination of eligibility for relief
under this Act or the Violence Against Women Act (Public Law 103-322; 108
Stat. 1902), and the amendments made by that Act.
`(8) In fulfilling the requirements of paragraph (5)(A)(ii), a consular
officer shall not disclose the name or location of any person who obtained a
restraining or protective order against the petitioner, but shall disclose the
relationship of the person to the petitioner.'.
(b) Sharing of Certain Information- Section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) shall not be construed to prevent the
sharing of information under section 214(d) of such Act (8 U.S.C. 1184(d)).
(c) Effective Date- The amendment made by subsection (a) shall apply to
petitions filed after the date of enactment of this Act.
SECTION 7. STUDY AND REPORT.
(a) Study- The Secretary of Homeland Security, through the Director of the
Bureau of Citizenship and Immigration Services, shall conduct a study of the
international marriage broker industry in the United States that--
(1) estimates, for the years 1995 through 2005,the number of
international marriage brokers doing business in the United States, the
number of marriages resulting from the services provided by such brokers,
and the extent of compliance with the applicable requirements of this
Act;
(2) assess the information gathered under this Act from clients by
international marriage brokers and from petitioners by the Bureau of
Citizenship and Immigration Services;
(3) examine, based on the information gathered, the extent to which
persons with a history of violence are using the services of international
marriage brokers and the extent to which such persons are providing accurate
information to international marriage brokers in accordance with section
4;
(4) assess the accuracy of the criminal background check at identifying
past instances of domestic violence; and
(5) assess the extent to which the languages of translation required
under section 5(c)(1) continue to accurately reflect the highest markets for
recruitment by international marriage brokers and the greatest
concentrations of K nonimmigrant visa applicants.
(b) Report- Not later than 3 years after the date of enactment of this
Act, the Secretary of Homeland Security shall submit a report to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives setting forth the results of the study conducted under
subsection (a).
SECTION 8. EFFECTIVE DATE.
(a) In General- Except as provided in subsection (b), section 5, and the
amendments made by section 6, this Act shall take effect on the date which is
60 days after the date of enactment of this Act.
Sections:
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5
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