Child brides al­lowed into U. S.

Data raises ques­tions that im­mi­gra­tion sys­tem may be en­abling forced mar­riages

The Intelligencer (Belleville) - - WORLD NEWS - COLLEEN LONG

WASH­ING­TON — Thou­sands of re­quests by men to bring in child and ado­les­cent brides to live in the U. S. were ap­proved over the past decade, ac­cord­ing to gov­ern­ment data ob­tained by The As­so­ci­ated Press. In one case, a 49- year- old man ap­plied for ad­mis­sion for a 15- year- old girl.

The ap­provals are le­gal: The Im­mi­gra­tion and Na­tion­al­ity Act does not set min­i­mum age re­quire­ments. And in weigh­ing pe­ti­tions for spouses or fi­ancees, U. S. Cit­i­zen­ship and Im­mi­gra­tion Ser­vices ( USCIS ) 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.

But the data raises ques­tions about whether the im­mi­gra­tion sys­tem may be en­abling forced mar­riage and about how U. S. laws may be com­pound­ing the prob­lem de­spite ef­forts to limit child and forced mar­riage. Mar­riage be­tween adults and mi­nors is not un­com­mon in the U. S., and most states al­low chil­dren to marry with some re­stric­tions.

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 fu­elling 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 eight 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.

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,” said Repub­li­can Sen. Ron John­son of Wis­con­sin, the chair­man of the Se­nate Home­land Se­cu­rity Com­mit­tee.

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.

There are no na­tion­wide sta­tis­tics on child mar­riage, but data from a few states sug­gests it is far from rare. State laws gen­er­ally set 18 as the min­i­mum age for mar­riage, yet ev­ery state al­lows ex­cep­tions. Most states let 16and 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.

Fraidy Reiss, who cam­paigns against co­erced mar­riage as head of a group called Un­chained at Last, re­searched data from her home state of New Jersey. She de­ter- mined that nearly 4,000 mi­nors, mostly girls, were mar­ried in the state from 1995 to 2012, in­clud­ing 178 who were un­der 15.

“This is a prob­lem both do­mes­ti­cally and in terms of im­mi­gra­tion,” she said.

Reiss — who says she was forced into an abu­sive mar­riage by her Ortho­dox Jewish fam­ily when she was 19 — said that often cases of child mar­riage via parental con­sent in­volve co­er­cion, with a girl forced to marry against her will.

“They are sub­jected to a life­time of do­mes­tic servi­tude and rape,” she said. “And the gov­ern­ment is not only com­plicit; they’re stamp­ing this and say­ing: Go ahead.”

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.

USCIS didn’t know how many of the ap­provals were granted by the State Depart­ment, but over­all only about 2.6 per cent of spousal or fi­ancee claims are re­jected.

Sep­a­rately, the data show some 4,749 mi­nor spouses or fi­ancees re­ceived green cards to live in the U. S. over that same 10- year pe­riod.

The head of USCIS, L. Fran­cis Cissna, said in a let­ter to the com­mit­tee that its re­quest had raised ques­tions and dis­cus­sion within the agency on what it can do to pre­vent forced mi­nor mar­riages. The agency no­ticed some is­sues in how the data was col­lected and has re­solved them. Of­fi­cials also cre­ated a flag­ging sys­tem that re­quires ver­i­fi­ca­tion of the birth­date when­ever a mi­nor is de­tected.

The coun­try where most re­quests came from was Mex­ico, fol­lowed by Pak­istan, Jor­dan, the Do­mini­can Repub­lic and Ye­men. Mid­dle Eastern na­tion­als had the high­est per­cent­age of over­all ap­proved pe­ti­tions.


Naila Amin, now 29, was forcibly mar­ried at 13 in Pak­istan and ap­plied for pa­pers for her then- 26- year- old hus­band to go to the U. S.

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