Federal Bill To “Combat” Child Marriage Will Actually Make It Impossible To End Child Marriage

The fight to protect children from the horrors of child marriage is far from over, and recent developments threaten to undermine the progress we’ve made. Senator Dick Durbin (D-IL) has introduced S. 4990, federal legislation that could make it nearly impossible to eliminate child marriage within the U.S.

I Update 9/23/2024: Together with nearly 190 allies — including 121 civil society organizations, 42 survivors, and 26 legislators — we joined forces with Unchained At Last to deliver a memo to Sen. Dick Durbin (D-IL) urging him to amend the bill he introduced, which would contradict, undermine, and obstruct our efforts to end child marriage in the U.S. Here is the memo that was delivered on September 23, including a detailed summary of our concerns about the bill and the full list of co-signers.

This bill is fraught with multiple issues, the most alarming being a so-called “humanitarian” child marriage loophole, under which an American adult can petition for a U.S. foreign spousal visa for a 16- or 17-year old minor in a humanitarian situation. Under this provision, vulnerable 16-and-17-year-olds could be trafficked into the U.S. under the guise of marriage.

Currently, the government looks to the law of the state where a couple will reside before issuing a spousal visa. This bill would effectively lower the marriage age to 16 in states that have already ended child marriage, and will create a perpetual pathway to child marriage within the U.S., even if every state passes 18-no-exceptions legislation. Instead of protecting these children, and offering real humanitarian assistance that does not require them to enter into a contractual sexual relationship with an adult, this bill opens the door to their exploitation. This is a dangerous precedent that sends a terrible message to states that child marriage is acceptable in certain situations, and puts the lives and futures of countless children at risk. There’s nothing humanitarian about subjecting girls to a human rights abuse.

Moreover, the bill incentivizes states to delay ending child marriage, providing grants to states that have not yet ended child marriage, in order to simply determine if child marriage is harmful. We already know that child marriage is harmful. There are many child marriage survivor advocates at the frontlines of this movement, courageously sharing their stories as well as studies. These provisions will make it harder to pass laws across the country that set the minimum marriage age at 18—no exceptions.

AHA was the first organization to identify the dangerous child marriage loopholes in the U.S. immigration code. Our relentless advocacy led to the Senate Homeland Security Committee’s crucial report on child marriage, which you can read about here.

Again, we have taken swift action. We have formally requested that Senator Durbin remove the above-referenced provisions in the bill and not further endanger at-risk youth. But we need your help to ensure that our legislators hear us loud and clear. We urge you to contact your Senators and demand that they stand firm: #18NoExceptions!

Join us in this fight to protect our children. Together, we can put an end to child marriage once and for all.