The United States government has potentially blessed over 8,000 underage sex trafficking cases in the past 10 years through its immigration portal, according to a recent report by the Senate Homeland Security and Governmental Affairs Committee.

INA Doesn’t Bar This Form of Sex Trafficking

The Immigration and Naturalization Act (INA) does not set an age limit for immigration requests for spouses or fiancées. For example, this means that a 15-year-old female U.S. resident or citizen could petition the government to allow her husband or fiancé from a foreign country to enter the U.S. Perhaps this marriage was arranged within the borders of the U.S. Or perhaps this female was married to the man when she was eight years old back in that foreign country, and she was recently allowed to immigrate to the U.S. Conversely, a U.S. adult may petition to have a minor spouse or fiancée that lives abroad immigrate to the U.S.

Staggering Statistics Involving Young Female Brides

One might think that these requests by minors are rare, but “rare” can be rather subjective. Between 2007 and 2017, 5,556 cases of adults petitioning on behalf of minors were approved by the USCIS. In addition, nearly 3,000 minors received approval to bring in older spouses or fiancées. Of these, two of the minors receiving approval were only 13 years old, and 38 were 14 years old. In one of those cases involving a 14 year old, the spouse was a 48-year-old Jamaican. In 95% of the cases, the minor was female. Middle Eastern nationals had the highest percentage of approved petitions, while most requests came from Mexico, followed by Pakistan and Jordan.

Rapes Behind the Stats

Terrifying stories lie behind these statistics. For example, Naila Amin is a dual citizen born in Pakistan and raised in New York City. She was forced to marry in Pakistan at the age of 13, betrothed when she was just eight years old, and he was 21. After being married in Pakistan, she was forced to live with him for a time there, where she was sexually assaulted and beaten. She came back to the U.S., and then her parents petitioned U.S. Immigration to allow him entry. When Amin found out the petition was approved, she ran away from home, and was subsequently in and out of foster care and group homes. She is now 29, and is in control of her own destiny. But others aren’t so lucky, if you can call it that.

Republican Sen. Ron Johnson of Wisconsin, chairman of the Senate Homeland Security Committee, and other legislative members, are looking to close this sex trafficking loophole. Until they succeed, victims will have to rely on state sexual assault and domestic violence laws. If you or someone you love falls into this victim category, contact local law enforcement officials. If your assailant spouse or fiancé is so much as arrested, he or she could face deportation proceedings.

Related Resources:

  • Find an Immigration Attorney Near You (FindLaw’s Lawyer Directory)
  • Are ‘Mail-Order Brides’ Illegal? (FindLaw Law and Daily Life)
  • Human Trafficking Awareness Day: How Can Lawyers Help? (FindLaw Strategist)

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