U.S. child marriage: one step forward, two steps back

In March 2016, the U.S. launched its Global Strategy to Empower Adolescent Girls. The strategy referred to forced child marriage as a “human rights abuse” that “produces devastating repercussions for a girl’s life.” Yet, the U.S. still has no national law banning child marriage. So far, only 13 states have outlawed child marriage without exception, which means that marriage under the age of 18 is still legal in 37 states. Now, Sen. Dick Durbin has introduced a new bill that threatens to roll back child marriage protections in over half the states by allowing minors from around the world to obtain spousal visas to the U.S.

Prevention or contradiction?

The federal bill, called the Child Marriage Prevention Act is intended to fight child marriage. Given that the U.S. has committed, along with the rest of the world, to ending child marriage by 2030, you might expect the minimum age for obtaining a spousal visa would be 18—but that’s not the case. The minimum age stated is a startling 16. And, the states that refuse to ban child marriage would be financially rewarded.

Fraidy Reiss, Founder of Unchained At Last in an article by Ms. Magazine, said:

“This (the bill) would legalize and encourage predators to “save” teens in other countries by marrying them and bringing them to the U.S.”

The teens that would suffer the most are girls. Between 2007 and 2017, U.S. Customs and Immigration Services approved visa petitions where girls were the younger party in 95% of the cases. Although the bill claims to restrict the underage spousal visas to “humanitarian” situations “arising from a risk of individualized and targeted harm,” this is hardly a reason to approve it. Reiss noted that most girls trafficked to the U.S. already find themselves in dangerous situations to obtain a spousal visa. Therefore, this bill would barely change the current law, which has no minimum age for spousal or fiancée visas. Even with the bill, it would still be legal for 16- or 17-year-old girls from other countries to marry U.S. adults.

Reiss continued:

“Besides, why end child marriage for everyone except girls in “humanitarian” circumstances? Do American girls deserve the protection of an “18 no exceptions” marriage age, while girls in humanitarian settings should be happy with 16? Are we to believe that a human rights abuse can be humanitarian?”

Forced child marriage is modern slavery

Currently, the federal government bases spousal visa decisions for minors on each state’s marriage age. In the 13 states that have banned child marriage, the visa age is 18, while in 10 other states, it’s 17. The new bill would lower the spousal visa age to 16 across the entire country, effectively reducing the marriage age for immigration purposes in nearly half of the U.S. Furthermore, a power imbalance between a migrant teen and an American adult in such marriages is almost inevitable.

When girls are forced into marriage before 18, they risk facing physical and sexual abuse, domestic servitude, restrictions on their freedom of movement, and a profound loss of autonomy. Abusers often exert control over these young girls through violence, threats, and humiliation. Since minors cannot file for divorce, they feel powerless to leave their marriage safely.

Freedom United stands with Unchained At Last and urges Sen. Durbin to withdraw or amend the Child Marriage Prevention Act. Our goal is to not only protect children within the U.S., but also move the U.S. to meet the global standards on ending forced child marriage. Every child deserves the right to education, play, and to feel safe from exploitation and abuse. Add your voice and share the petition today.