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News > U.S.

Immigration Act Approved Child Brides to Live in The U.S.

  • Immigration Act Approved Child Brides to Live in The U.S.

    Immigration Act Approved Child Brides to Live in The U.S. | Photo: Stop Human Trafficking

Published 13 January 2019
Opinion

Government data obtained by the Associated Press revealed thousands of requests from men seeking child and adolsescent brides live in the U.S., was shockingly approved in the last decade.

According to government data, numerous men were given approval to harbor child brides in the U.S. over the last 10 years, with a revelation coming to light that a 49-year-old man applied for admission for a 15-year-old girl.

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This shocking exposé is the result of a lack of a proper mandate with regards to setting minimum age requirements on The Immigration and Nationality Act. Furthermore, AP reveals that U.S. Citizenship and Immigration Services goes by whether the marriage is legal in the home country and then whether the marriage would be legal in the state where the petitioner lives.

There were more than 5,000 cases of adults petitioning on behalf of minors and nearly 3,000 examples of minors seeking to bring in older spouses or fiances, according to the data requested by the Senate Homeland Security Committee in 2017 and compiled into a report.

Some victims of forced marriage say the lure of a U.S. passport combined with lax U.S. marriage laws are partly fueling the petitions.

"My passport ruined my life," said Naila Amin, a dual citizen from Pakistan who grew up in New York City.

She was forcibly married at 13 in Pakistan and applied for papers for her 26-year-old husband to come to the country.

"People die to come to America," she said. "I was a passport to him. They all wanted him here, and that was the way to do it."

Amin, now 29, said she was betrothed to her first cousin Tariq when she was just 8 and he was 21. The petition was eventually terminated after she ran away. She said the ordeal cost her a childhood. She was in and out of foster care and group homes, and it took a while to get her life on track.

"I was a child. I want to know: Why weren't any red flags raised? Whoever was processing this application, they don't look at it? They don't think?" Amin asked.

AP reports that there is a two-step process for obtaining U.S. immigration visas and green cards. Petitions are first considered by USCIS. If granted, they must be approved by the State Department. Overall, there were 3.5 million petitions received from budget years 2007 through 2017.

Over that period, there were 5,556 approvals for those seeking to bring minor spouses or fiancees, and 2,926 approvals by minors seeking to bring in older spouses, according to the data. Additionally, there were 204 for minors by minors. Petitions can be filed by U.S. citizens or permanent residents.

"It indicates a problem. It indicates a loophole that we need to close," Republican Sen. Ron Johnson of Wisconsin, the chairman of the Senate Homeland Security Committee, told the AP.

In nearly all the cases, the girls were the younger person in the relationship. In 149 instances, the adult was older than 40, and in 28 cases the adult was over 50, the committee found. Among the examples: In 2011, immigration officials approved a 14-year-old's petition for a 48-year-old spouse in Jamaica. A petition from a 71-year-old man was approved in 2013 for his 17-year-old wife in Guatemala.

State laws generally set 18 as the minimum age for marriage, yet every state allows exceptions. Most states let 16 and 17 year-olds marry if they have parental consent, and several states — including New York, Virginia and Maryland — allow children under 16 to marry with court permission.

The data was requested in 2017 by Johnson and then-Missouri Sen. Claire McCaskill, the committee's top Democrat. Johnson said it took a year to get the information, showing there needs to be a better system to track and vet the petitions.

"Our immigration system may unintentionally shield the abuse of women and children," the senators said in the letter.

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