[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Proposed Rules]
[Pages 38041-38042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18717]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 136 / Wednesday, July 16, 1997 /
Proposed Rules
[[Page 38041]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 204
[INS No. 1838-97]
RIN 1115-AE77
International Matchmaking Organizations
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: This notice announces the intent of the Immigration and
Naturalization Service (``the Service'') to promulgate regulations
implementing section 652 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (``IIRIRA''), Pub. L. 104-208,
Div. C, 110 Stat 3009 (1996), which became effective on September 30,
1996. That provision requires international matchmaking organizations
to provide certain immigration and naturalization information to
recruits. This new provision also requires the Attorney General to
conduct a study of this industry to collect data regarding the number
of mail order marriages, the extent of marriage fraud and domestic
abuse within such marriages, and whether additional measures are needed
to reduce the incidence of abusive and fraudulent marriages initiated
through this industry. By issuing this advance notice, the Service is
providing an opportunity for the public to submit comments and make
suggestions prior to promulgating any regulations. This will result in
a proposed rule that is more comprehensive in its scope and more
understandable to the public.
DATES: Written comments must be submitted on or before September 15,
1997.
ADDRESSES: Comments on this notice of intent must be submitted, in
triplicate, to the Director, Policy Directives and Instructions Branch,
Immigration and Naturalization Service, 425 I Street, NW, Room 5307,
Washington, DC 20536. To ensure proper handling, please reference INS
number 1838-97 on your correspondence. Comments are available for
public inspection at this location by calling (202) 514-3291 to arrange
for an appointment.
FOR FURTHER INFORMATION CONTACT: Karen FitzGerald, Staff Officer,
Immigration and Naturalization Service, 425 I Street NW., Room 3214,
Washington, DC 20536. Telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
Congress has determined that there is a large and unregulated
``mail order bride'' industry in the United States in which the
participants earn substantial profits. IIRIRA section 652(a)(2).
Furthermore, Congress has indicated that there is evidence to suggest
that these ``international matchmaking organizations'' may in some ways
facilitate abusive and fraudulent marriages because many ``mail order
brides come to the United States unaware or ignorant of United States
immigration law.'' Id. section 652(a)(4). Specifically, Congress has
determined that many ``mail order brides'' who find themselves in
abusive relationships think that, if they flee an abusive marriage,
they will be deported from the United States. Id. This belief is often
the result of threats by the abusive spouse to have the victim deported
if the abuse is reported to law enforcement authorities. Id.
In response to these concerns, Congress enacted section 652 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), to require international matchmaking organizations to
disseminate certain immigration information to recruits under pain of
civil penalty.
Definitions
The following terms are defined in section 652(e) of IIRIRA.
``International matchmaking organization'' is defined as ``a
corporation, partnership, business, or other legal entity, whether or
not organized under the laws of the United States or any State, that
does business in the United States and for profit offers to United
States citizens or aliens lawfully admitted for permanent residence,
dating, matrimonial, or social referral services to nonresident
noncitizens'' by: an exchange of names, telephone numbers, addresses,
or statistics, selection of photographs, or a social environment
provided by the organization in a country other than the United States.
This term does not include a traditional matchmaking organization of a
religious nature that otherwise operates in compliance with the laws of
the countries of the recruits of such organization and the laws of the
United States.
The term ``recruit'' means ``a noncitizen, nonresident person,
recruited by the international matchmaking organization for the purpose
of providing dating, matrimonial, or social referral services to United
States citizens or aliens lawfully admitted for permanent residence.''
Information Dissemination
Section 652 of the IIRIRA requires that all international
matchmaking organizations doing business in the United States provide
certain immigration and naturalization information to recruits ``upon
recruitment.'' The immigration information to be disseminated would
explain: conditional permanent resident status and the battered spouse
waiver under that status; permanent resident status; marriage fraud
penalties; the unregulated nature of the matchmaking industry; and
provide information relating to the study of the industry as required
by this provision. In addition, the Service has the discretion to
require the dissemination of additional information by these
organizations. All of the information disseminated under this provision
must be provided to the recruit in the recruit's native language.
Failure to comply with the information dissemination provisions of
section 652 of the IIRIRA can result in the imposition of a civil
monetary penalty of up to $20,000. Violators of the provision must be
given notice and the opportunity for a hearing prior to imposing such a
penalty.
Public Input Requested
The Service invites all interested parties, including
representatives of the international matchmaking industry, private and
public organizations that provide shelters and safehouses for battered
individuals, state and local law
[[Page 38042]]
enforcement agencies, social service agencies, and immigrant and
victims' rights groups to submit comments relating to the
implementation of the information dissemination provision of section
652 of the IIRIRA.
Although the Service seeks comments with respect to all aspects of
the information dissemination provision, the following categories are
offered as a guide to some of the specific comments the Service is
seeking.
1. Content of the Information
A. The statutorily required information.
B. Additional information.
C. Information currently being provided to recruits by
international matchmaking organizations.
D. Information that may be beneficial to immigrants who find
themselves the victims of domestic abuse perpetrated by their United
States citizen or lawful permanent resident spouses.
E. Information that will serve to deter marriage fraud.
2. Form of the Information
A. Ensuring proper and effective translation of the information in
the recruits' native languages.
B. Languages in which international matchmaking organizations
communicate with recruits.
C. Form in which international matchmaking organizations provide
information to recruits.
3. Manner of Dissemination
A. When recruits should be given the required information.
B. How international matchmaking organizations communicate and
share information with recruits.
C. How recruits should be given the required information.
4. Monitoring and Enforcement
A. How the Service can identify and locate all international
matchmaking organizations subject to this provision.
B. How the Service should monitor these organizations to ensure
that the information is disseminated.
C. How the Service should ensure compliance with the information
dissemination provisions.
D. Procedures for fining organizations not in compliance.
Dated: May 28, 1997.
Doris Meissner,
Commissioner, Immigration Service Naturalization Service.
[FR Doc. 97-18717 Filed 7-15-97; 8:45 am]
BILLING CODE 4410-10-M