H.R. 5715 (ih) - To amend the Immigration and Nationality Act to render inadmissible to the United States the extended f by congressbills7b

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107TH CONGRESS 2D SESSION

H. R. 5715

To amend the Immigration and Nationality Act to render inadmissible to the United States the extended family of international child abductors, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 2002 Mr. BURTON of Indiana (for himself, Mrs. MALONEY of New York, and Mr. OSE) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend the Immigration and Nationality Act to render inadmissible to the United States the extended family of international child abductors, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4 5 6
SECTION 1. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD ABDUCTORS AND

RELATIVES OF SUCH ABDUCTORS.

(a) IN GENERAL.—Section 212(a)(10)(C)(ii) of the and Nationality Act (8 U.S.C.

7 Immigration

8 1182(a)(10)(C)(ii)) is amended—

2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in subclause (I), by striking the comma at the end and inserting a semicolon; (2) in subclause (II), by striking ‘‘, or’’ at the end and inserting a semicolon; (3) by amending subclause (III) to read as follows: ‘‘(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, cousin, uncle, aunt, nephew, niece, or grandparent of an alien described in clause (i), is an agent of such an alien, or is a principal employing such an alien as an agent, if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or’’ and (4) by adding at the end the following: ‘‘(IV) is a spouse of the abducted child described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion,

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3 1 2 3 4 5 6 7 8 is inadmissible until such child is surrendered to the person granted custody by the order described in that clause, and such custodian and child are permitted to return to the United States or such custodian’s place of residence.’’. (b) IDENTIFICATION
DUCTORS AND OF OF

ALIENS SUPPORTING ABABDUCTORS; NOTICE
TO

RELATIVES

9 CUSTODIAL PARENTS AND GUARDIANS; ANNUAL REPORT; 10 DEFINITIONS.—Section 212(a)(10)(C) of the Immigration 11 and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amend12 ed by adding at the end the following: 13 14 15 16 17 18 19 20 21 22 23 24 25
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‘‘(iv)

IDENTIFICATION

OF

ALIENS

SUPPORTING ABDUCTORS AND RELATIVES OF ABDUCTORS.—In

all instances in which

an alien commits an act described in clause (i), the Secretary of State shall take appropriate action to identify the individuals who are inadmissible under clause (ii). ‘‘(v) NOTICE
AND TO CUSTODIAL PARENTS

GUARDIANS.—In

all instances in

which an alien commits an act described in clause (i), the Secretary of State shall, upon request of the person granted custody of the child concerned, inform the person

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of whether, and when, any individual who is inadmissible under clause (ii) by reason of such act has been issued a visa or otherwise authorized to enter the United States. ‘‘(vi) ANNUAL
REPORT.—The

Sec-

retary of State annually shall submit to the Committee on International Relations, the Committee on Government Reform, and the Committee on the Judiciary of the United States House of Representatives, and the Committee on Foreign Relations, the Committee on Governmental Affairs, and the Committee on the Judiciary of the United States Senate, a report that provides, with respect to the preceding year, an accounting of the number of cases known to the Secretary of State,

disaggregated according to the nationality of the alien concerned— ‘‘(I) in which an authority under this subparagraph was exercised (and with respect to each such case, the specific ground for inadmissibility

shall be specified); and

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(II) in which an authority under this subparagraph has not been exercised but in which an alien, after entry of an order by a court in the United States granting custody to a person of a United States citizen child, detained or retained the child, or withheld custody of the child, outside the United States from the person granted custody by that order. ‘‘(vii) DEFINITIONS.—For purposes of this subparagraph— ‘‘(I) the term ‘child’ means an individual who was a child at the time the individual was detained or retained, or at the time custody of the individual was withheld, as described in clause (i), regardless of the age or marital status of the individual after such time; and ‘‘(II) the term ‘sibling’ includes a step-sibling or half-sibling.’’.

Æ

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