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Child Marriage Prevention Act of 2026
Introduced Jul 16, 2026 · Last action Jul 16, 2026 — Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Summary
This legislation is called the Child Marriage Prevention Act of 2026. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9758 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9758
To comprehensively combat child marriage in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2026
Ms. Moore of Wisconsin (for herself, Mr. Davis of Illinois, and Mr.
Krishnamoorthi) introduced the following bill; which was referred to
the Committee on Education and Workforce, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To comprehensively combat child marriage in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Marriage Prevention Act of
2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 314,000 minors were married in the United States
between 2000 and 2021. Most were wed to adult men and some were
as young as 10 years of age, though most were 16 or 17 years of
age.
(2) Child marriage limits educational opportunities. Women
who marry before they turn 19 years of age are 50 percent more
likely to drop out of high school and 4 times less likely to
graduate from college.
(3) Girls who marry in their early teens are up to 31
percent more likely to live in future poverty.
(4) Child marriage has harmful consequences for mental and
physical health. Women who married as children have higher
rates of certain psychiatric disorders. Another study found
that women who marry before 19 years of age have a 23 percent
greater risk of developing a serious health condition,
including diabetes, cancer, heart attack, or stroke.
(5) Child marriage can facilitate physical, emotional, and
verbal abuse. Girls and young women 16 to 24 years of age
experience the highest rates of intimate partner violence, and
girls 16 to 19 years of age experience intimate partner
violence victimization rates that are almost triple the
national average. Further, the majority of States allow
marriage to be used as a defense to statutory rape laws, which
can incentivize perpetrators to marry victims to preempt
prosecutions.
(6) Seventy to 80 percent of marriages entered into when at
least one person is under 18 years of age ultimately end in
divorce. According to one study based on census data, 23
percent of children who marry are already separated or divorced
by the time they turn 18 years of age.
(7) Depending on the State, a child facing a forced
marriage or a married minor trying to leave may find themselves
with few options. A minor trying to avoid a forced marriage may
not be able to leave home without being taken into custody and
returned by police and may not be able to stay in a domestic
violence shelter at all or in a youth shelter for longer than a
few days. Friends or allies of a child escaping a marriage who
offer to take them in could risk being charged with
contributing to the delinquency of a minor or harboring a
runaway. And, if the minor attempts to obtain a home of their
own, they may find no one willing to rent to them, because in
many circumstances, minors cannot be held to contracts they
enter.
(8) Depending on the State, a minor who is being forced or
coerced into marriage may not be entitled to file on their own
for a protective order. Further, not all States clearly treat
married minors as emancipated, meaning they still have the
limited legal status and rights of a child and face similar
vulnerabilities and challenges seeking help.
(9) Child marriage in the United States can also be
facilitated through the immigration system. Subject to rare
exceptions, United States law recognizes marriages as valid if
they were legal where they took place. U.S. Citizenship and
Immigration Services reported that between fiscal year 2007 and
fiscal year 2017, it approved 8,686 petitions for spousal or
fiance visas that involved at least one minor, though it
remains unclear how many of these visas were ultimately
approved by the Department of State. However, approximately 2.6
percent of fiance and spousal petitions were returned
unapproved to U.S. Citizenship and Immigration Services between
fiscal year 2007 and fiscal year 2017. It is therefore
reasonable to conclude that the United States issued a visa to
a significant number of the spouses and fiances named on the
8,686 petitions.
(10) Four States and 2 territories set no statutory minimum
age for marriage. In 10 States and 2 territories, clerks acting
on their own--without judges--can issue marriage licenses for
all minors. Four States and 1 territory permit pregnancy to
lower the minimum marriage age and in 1 State, Mississippi, and
1 territory, Northern Mariana Islands, the statute sets
different conditions for approvals for girls and boys.
(11) There is a growing movement to eliminate child
marriage in the United States and 17 States--Delaware, New
Jersey, Pennsylvania, Minnesota, Rhode Island, New York,
Massachusetts, Vermont, Connecticut, Michigan, Washington,
Virginia, New Hampshire, Maine, Oregon, Oklahoma, and
Missouri--as well as Washington, DC, American Samoa, and the
United States Virgin Islands, have set the minimum age for
marriage at 18 years of age, with no exceptions. Since 2016, a
total of 37 States, 3 territories, and Washington, DC have
enacted new laws to end or limit child marriage with 5 more
States requiring parties to be legal adults (meaning that the
only exception to the requirement to be 18 years of age to be
married is for certain court-emancipated minors). Until all
States and territories take action, however, the patchwork of
State laws will continue to put all children, particularly
girls, at risk, given the ease with which they can be taken out
of their home State or territory into another State or
territory with lax or no laws.
(12) The foreign policy of the United States is already
imbued with these understandings that child marriage is harmful
and should be prevented, including the following:
(A) The Department of State in its Foreign Affairs
Manual states the Federal Government view of ``forced
marriage to be a violation of basic human rights. It
also considers the forced marriage of a minor child to
be a form of child abuse, since the child will
presumably be subjected to non-consensual sex.''.
(B) The United States Agency for International
Development has observed that Child, Early, and Forced
Marriage (In this paragraph referred to as ``CEFM'')
``impedes girls' education and increases early
pregnancy and the risk of maternal mortality, obstetric
complications, gender-based violence, and HIV/AIDS.
Children of young mothers have higher rates of infant
mortality and malnutrition compared to children of
mothers older than 18. . . . CEFM is also associated
with reductions in economic productivity for
individuals and nations at large. CEFM is a human
rights abuse and a practice that undermines efforts to
promote sustainable growth and development.''.
(C) Congress enacted the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4; 127
Stat. 54), which requires the Secretary of State to
establish and implement a multiyear strategy--
(i) to ``prevent child marriages''; and
(ii) to ``promote the empowerment of girls
at risk of child marriage in developing
countries''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Noncitizen.--The term ``noncitizen'' means any person
who is not a citizen or national of the United States.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 4. FEDERAL COMMISSION TO ADDRESS CHILD MARRIAGE.
(a) In General.--There is established within the Department of
Health and Human Services a commission, to be known as the National
Commission to Combat Child Marriage in the United States (in this
section referred to as the ``Commission''), which shall--
(1) conduct a comprehensive study on child marriage in the
United States, including--
(A) applicable laws, or the absence of laws, which
define or prohibit child marriage;
(B) the extent to which such marriages currently
occur; and
(C) the extent to which such marriages occurred
over the last 5 years in each State;
(2) build upon the evaluations of other entities and avoid
unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other commissions, the
Federal Government, State and local governments, State task
forces, and nongovernmental entities relating to child marriage
in the United States;
(3) submit a report outlining the most effective strategies
to eliminate child marriage in the United States informed by
the study required under paragraph (1) to--
(A) the Committee on the Judiciary and the
Committee on Health, Education, Labor, and Pensions of
the Senate;
(B) the Committee on the Judiciary and the
Committee on Education and Workforce of the House of
Representatives; and
(C) the Secretary of Health and Human Services; and
(4) carry out other duties as described in subsection (c).
(b) Composition of Commission.--
(1) Members.--The Commission shall be composed of 10
members, of whom--
(A) 1 member shall be appointed by the President;
(B) 1 member, who is of a different political party
than that of the member appointed under paragraph (1),
shall be appointed by the President;
(C) 4 members shall be appointed by the Secretary
of Health and Human Services;
(D) 1 member shall be appointed by the majority
leader of the Senate;
(E) 1 member shall be appointed by the minority
leader of the Senate;
(F) 1 member shall be appointed by the Speaker of
the House of Representatives; and
(G) 1 member shall be appointed by the minority
leader of the House of Representatives.
(2) Governmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government.
(3) Commission representation.--The Commission shall
include at least--
(A) 1 survivor of child marriage;
(B) 1 representative from a private nonprofit
entity with demonstrated expertise in working with
survivors of child marriage in the United States;
(C) 1 representative from a private nonprofit
entity with demonstrated expertise in working with
immigrant survivors of child marriage in the United
States; and
(D) 1 representative from a private nonprofit
entity with demonstrated expertise in working with
State governments to limit child marriage.
(4) Qualifications.--Members appointed under paragraph (1)
shall have demonstrated experience or expertise in--
(A) providing services to survivors of child
marriage in the United States;
(B) providing services to immigrant survivors of
child marriage in the United States;
(C) working with State governments to limit child
marriage;
(D) the medical challenges that survivors of child
marriage face;
(E) the mental health challenges that survivors of
child marriage face;
(F) legal issues involving individuals who were
married or sought to marry before becoming 18 years of
age;
(G) conducting research on the impact of child
marriage on individuals who were married before
becoming 18 years of age;
(H) risk factors that play a role in child
marriage; or
(I) issues of forced or coerced marriage, family
violence, sexual assault, human trafficking, or child
abuse.
(5) Initial meeting.--Not later than 120 days after the
appointment of members of the Commission, the Commission
shall--
(A) hold an initial meeting, at which the members
shall elect a Chairperson and Vice Chairperson, who
shall be of different political parties, from among
such members and shall determine a schedule of
Commission meetings; and
(B) begin the operations of the Commission.
(6) Quorum and vacancy.--
(A) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(B) Vacancy.--Any vacancy in the Commission shall
not affect its powers and shall be filled in the same
manner in which the original appointment was made.
(c) Duties of the Commission.--The Commission shall--
(1) conduct pursuant to subsection (a) a comprehensive
study that examines and assesses the adequacy of laws
addressing child marriage and the extent of child marriage
across the country, including making specific findings relating
to--
(A) barriers to and gaps in services for minors
facing the threat of forced marriage or already married
minors seeking protection from abuse in all States and
territories; and
(B) Federal laws, regulations, policies, and
programs relevant to child marriage and individuals who
marry before becoming 18 years of age; and
(2) submit to the President, the Secretary of Health and
Human Services, and Congress a report on the specific findings,
conclusions, and recommendations to eliminate all child
marriage in the United States and improve services and outcomes
for survivors of child marriage in the United States, including
specific recommendations on policies, regulations, and
legislative changes as the Commission considers appropriate to
eliminate all child marriage in the United States.
(d) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, and receive such evidence as
may be necessary to carry out the functions of the Commission.
(2) Information from federal agencies.--
(A) In general.--The Commission may access, to the
extent authorized by law, from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
Federal Government such information, suggestions,
estimates, and statistics as the Commission considers
necessary to carry out this section.
(B) Provision of information.--On written request
of the Chairperson of the Commission, each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, provide the requested information to
the Commission.
(C) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(3) Listening sessions.--The Commission shall organize and
facilitate listening sessions with survivors of child marriage
and advocates and experts working towards the elimination of
child marriage in the United States in order to discharge its
duties under this section.
(4) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(5) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
(e) Travel Expenses.--Each member of the Commission shall serve
without compensation, but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable provisions
in the same manner as persons employed intermittently in the Government
service are allowed expenses under section 5703 of title 5, United
States Code.
(f) Federal Advisory Committee Act Applicability.--Chapter 10 of
title 5, United States Code, shall apply to the Commission, including
the staff of the Commission.
(g) Reports of Commission and Termination.--
(1) Interim report.--The Commission shall, not later than 1
year after the date of the initial meeting of the Commission,
submit an interim report containing preliminary findings,
conclusions, and recommendations required under this section as
have been agreed to by a majority of Commission members to--
(A) the President;
(B) the Secretary of Health and Human Services;
(C) the Committee on the Judiciary and the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(D) the Committee on the Judiciary and the
Committee on Education and Workforce of the House of
Representatives.
(2) Final report.--The Commission shall, not later than 2
years after the date of the initial meeting of the Commission,
submit to the officers and entities named in paragraph (1) a
final report containing final findings, conclusions, and
recommendations required under this section as have been agreed
to by a majority of Commission members.
(3) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate 180 days
after the date on which the final report is submitted
under paragraph (3).
(B) Records.--Not later than the date of
termination of the Commission under subparagraph (A),
all records and papers of the Commission shall be
delivered to the Archivist of the United States for
deposit in the National Archives.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,500,000 for each of fiscal
years 2027 and 2028.
SEC. 5. GAO REPORTS.
(a) Definition.--In this section, the term ``appropriate committees
of Congress'' means the Committee on the Judiciary and the Committee on
Health, Education, and Labor, and Pensions of the Senate and the
Committee on the Judiciary and the Committee on Education and Workforce
of the House of Representatives.
(b) Child Marriage in the United States.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report describing--
(A) Federal laws, regulations, policies, and
programs relevant to child marriage and individuals who
marry before becoming 18 years of age;
(B) applicable laws, or the absence of laws, which
define or prohibit child marriage;
(C) the extent to which such marriages occurred
during the 5-year period ending on the date of
enactment of this Act in each State; and
(D) research and studies published during the 10-
year period ending on the date of enactment of this Act
assessing--
(i) the common or typical circumstances in
which such marriages take place, including
information indicating the prevalence of forced
or coerced marriage and risk factors that may
have played a role in such marriages taking
place; and
(ii) the impact of such marriages on the
individuals who were married before turning 18
years of age in the United States, including
the impact on the safety and well-being of such
individuals, including--
(I) medical and mental health;
(II) economic and educational
outcomes;
(III) risk of or vulnerability to--
(aa) family violence;
(bb) abuse or exploitation;
(cc) sexual assault and
reproductive coercion;
(dd) child abuse or
neglect; or
(ee) human trafficking; and
(IV) barriers to and gaps in
services for minors facing the threat
of forced marriage or already married
minors seeking protection from abuse.
(2) Assistance in obtaining information.--The Comptroller
General of the United States may request that States provide
the information necessary to address the portion of the report
required under paragraph (1)(C) to the extent authorized by
law.
(c) Child Marriage and Immigration.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter through
2035, the Comptroller General of the United States shall submit
to the appropriate committees of Congress a report that
assesses the extent to which--
(A) noncitizens who were under 18 years of age on
the date of marriage are admitted to the United States
as beneficiaries of approved petitions submitted by the
United States citizen or lawful permanent resident
spouses of the noncitizens; and
(B) the United States has admitted nonimmigrant
spouses who, on the date on which a nonimmigrant visa
petition was submitted for the noncitizens, were under
18 years of age.
(2) Elements.--Each report required under paragraph (1)
shall include the following:
(A) For each petition described in paragraph (1)(A)
approved during the 2-year period preceding the
report--
(i) the sex of the beneficiary and
petitioner;
(ii) the ages of the beneficiary and
petitioner on--
(I) the date of the marriage;
(II) the date on which the petition
was submitted; and
(III) the date on which the
petition was approved; and
(iii) in the case of a noncitizen who was
under 18 years of age on the date on which such
a petition was submitted, a description of the
basis upon which the evidentiary requirements
were determined to have been met under, as
applicable--
(I) clause (ii) of section
101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15)(K)), as amended by section
10 of this Act;
(II) clause (iii)(II) of section
201(b)(2)(A) of that Act (8 U.S.C.
1151(b)(2)(A)), as amended by section
10 of this Act; or
(III) subparagraph (A)(ii) of
section 203(a)(2) of that Act (8 U.S.C.
1153(a)(2)), as amended by section 10
of this Act.
(B) A summary of feedback from adjudicators of such
petitions with respect to whether the evidentiary
requirements under the provisions described in
subclauses (I) through (III) of subparagraph (A)(ii)
provide sufficient guidance, and the manner in which
such guidance may be improved.
SEC. 6. GRANT PROGRAM FOR STATE TASK FORCES TO EXAMINE CHILD MARRIAGE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following:
``SEC. 315. STATE TASK FORCES TO EXAMINE CHILD MARRIAGE.
``(a) In General.--
``(1) Program.--From amounts made available under
subsection (c), the Secretary may award grants, on a
competitive basis, to eligible States to establish a State-
based task force to examine child marriage in the eligible
State.
``(2) Eligible state.--In this section, the term `eligible
State' means a State that permits an individual younger than 18
years of age to marry.
``(3) Applications.--To be eligible to receive a grant
under paragraph (1), an eligible State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(b) State Task Force.--
``(1) In general.--An eligible State awarded a grant under
subsection (a)(1) shall establish a task force to examine child
marriage in the eligible State.
``(2) Appointees.--A task force established under paragraph
(1) shall include individuals with--
``(A) advocacy expertise in combating family
violence, sexual assault, or child abuse or neglect
issues;
``(B) experience in social work or school
counseling, with preference for such individuals with
experience providing culturally specific services;
``(C) experience in providing legal assistance to
survivors of family violence or sexual assault with a
preference for such individuals with experience serving
such survivors who are younger than 18 years of age;
``(D) experience in providing legal assistance to
individuals with needs for child protection services,
including foster youth, homeless and runaway youth, and
youth otherwise at-risk for needing such services;
``(E) judicial experience with cases involving
child protection and family violence issues;
``(F) legal experience with cases involving
emancipation, guardianship, or child-specific
protection orders, with special preference for such
individuals who have worked on cases involving forced
or coerced marriage; or
``(G) providing professional medical or mental
health services to youth who have experienced child,
early, or forced marriage.
``(3) Tasks.--A task force established under paragraph (1)
shall--
``(A) collect statewide statistics for each of the
10 years preceding the date of the grant award on the
number, age, sex, and residency of individuals in the
eligible State who were younger than 18 years of age at
the time of the marriage of such individual;
``(B) examine the risk factors that lead to child
marriage and negative impacts from child marriage in
the eligible State, including the relationship between
child marriage and threats to a minor's safety, health,
and well-being, and including risk factors and impacts
such as forced or coerced marriage, family violence,
sexual assault, child abuse and neglect, human
trafficking, educational impacts, poverty, and other
negative impacts on individuals who are younger than 18
years of age who marry;
``(C) develop policy recommendations for the
eligible State to address negative impacts of child
marriage on individuals and the intersection between
child marriage and forced or coerced marriage, family
violence, sexual assault, child abuse and neglect, and
human trafficking; and
``(D) prepare a report with the recommendations of
the task force regarding how best to protect
individuals who are younger than 18 years of age from
the negative impacts of child marriage and forced or
coerced marriages and enabling already-married
individuals who are younger than 18 years of age to
protect themselves from these forms of abuse.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $375,000 for each of fiscal
years 2027 through 2032.''.
SEC. 7. STATE INCENTIVES TO ELIMINATE CHILD MARRIAGE.
(a) Definitions.--In this section, the term ``covered formula
grant'' means a grant under--
(1) part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program''); or
(2) section 41601 of the Violence Against Women Act of 1994
(34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault
Services Program'').
(b) Increased Funding for Formula Grants Authorized.--The Attorney
General shall increase the amount provided to a State under the covered
formula grants in accordance with this section if the State has in
place a law that prohibits marriage for individuals who have not
attained 18 years of age or, if more than 18 years of age, the age of
majority for the State.
(c) Application.--A State seeking an increase in the amount
provided to the State under the covered formula grants shall include in
the application of the State for each covered formula grant such
information as the Attorney General may reasonably require, including
information about the law described in subsection (b).
(d) Grant Increase.--The amount of the increase provided to a State
under the covered formula grants under this section shall be equal to
not more than 10 percent of the average of the total amount of funding
provided to the State under the covered formula grants under the 3 most
recent awards to the State.
(e) Period of Increase.--
(1) In general.--The Attorney General shall provide an
increase in the amount provided to a State under the covered
formula grants under this section for a 2-year period.
(2) Limit.--The Attorney General may not provide an
increase in the amount provided to a State under the covered
formula grants under this section more than 4 times.
(f) Allocation of Increased Formula Grant Funds.--The Attorney
General shall allocate an increase in the amount provided to a State
under the covered formula grants under this section such that--
(1) 25 percent the amount of the increase is provided under
the program described in subsection (a)(1); and
(2) 75 percent the amount of the increase is provided under
the program described in subsection (a)(2).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2027 through 2032.
SEC. 8. FEDERAL LIMITATIONS ON CHILD MARRIAGE.
No property that is on any land or in any building owned by, leased
to, or otherwise used by or under the control of the Federal Government
may be used to facilitate a marriage unless both of the individuals
marrying are at least 18 years of age at the time of the marriage.
SEC. 9. DEPARTMENT OF JUSTICE EFFORTS TO ADDRESS CHILD MARRIAGE.
(a) In General.--The Attorney General shall establish a working
group which shall, not later than 180 days after the date on which the
National Commission to Combat Child Marriage in the United States
issues the final report required under section 4(g)(2), promulgate a
model State statute that--
(1) prohibits child marriage by requiring a person to be at
least 18 years of age or, for a State with an age of majority
that is older than 18 years of age, the age of majority in the
State, at the time of marriage;
(2) allows any individual married as a minor to choose to
petition for such marriage to be voided; and
(3) restricts any party who was an adult at the time of
marriage to a person younger than the age of majority from
voiding such a marriage.
(b) Composition of the Working Group.--The working group
established under subsection (a) shall be composed of 8 members, of
whom at least 1 member shall be from the following components of the
Department of Justice:
(1) The Office of Legal Policy.
(2) The Office of Legislative Affairs.
(3) The Child Exploitation and Obscenity Section of the
Criminal Division.
(4) The Human Rights and Special Prosecutions Section of
the Criminal Division.
(5) The Office on Violence Against Women.
SEC. 10. MODIFICATIONS TO IMMIGRATION PROVISIONS RELATING TO MARRIAGE.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the immigration
laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(b) Modifications to Immigration Provisions Relating to Marriage.--
(1) Definition of noncitizen.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by adding at the end the following:
``(53) The term `noncitizen' means any person who is not a citizen
or national of the United States.''.
(2) Classifications relating to visas for noncitizen
fiances and spouses.--
(A) K visas.--Section 101(a)(15)(K) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(K)) is amended to read as follows:
``(K) subject to subsections (d) and (r) of section 214, a
noncitizen--
``(i)(I) who is the fiancee or fiance of a citizen
of the United States (other than a citizen described in
section 204(a)(1)(A)(viii)(I)) who is at least 18 years
of age; and
``(II) who--
``(aa) seeks to enter the United States
solely to conclude a valid marriage with the
petitioner within ninety days after admission;
and
``(bb) is at least 18 years of age;
``(ii)(I) who has concluded a valid marriage with a
citizen of the United States who is the petitioner who
is at least 18 years of age and was at least 18 years
of age on the date of the marriage (other than a
citizen described in section 204(a)(1)(A)(viii)(I));
and
``(II) who--
``(aa) is the beneficiary of a petition to
accord a status under section 201(b)(2)(A)(i)
that was filed under section 204 by the
petitioner;
``(bb) seeks to enter the United States to
await the approval of such petition and the
availability to the noncitizen of an immigrant
visa;
``(cc) was at least 18 years of age on the
date of his or her marriage to the petitioner,
unless that State of the United States in which
the petitioner and beneficiary seek to reside
together would have permitted them to marry
under the laws in effect in such State at the
time of filing; and
``(dd) is at least 18 years of age or, if
residing in a State described in item (cc), is
at least 16 years of age and establishes a
compelling, urgent humanitarian reason for the
issuance of a visa, arising from a risk of
individualized and targeted harm to such
noncitizen if such visa is denied, which reason
may not include parental consent, a child in
common with the petitioner, pregnancy, or any
combination of such factors; or
``(iii) who is the minor child of a noncitizen
described in clause (i) or (ii) and is accompanying, or
following to join, the noncitizen.''.
(B) Immediate relatives.--Section 201(b)(2)(A) of
the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)) is amended by adding at the end the
following:
``(iii) For purposes of this subparagraph, a noncitizen
spouse may only be considered the immediate relative of a
United States citizen spouse if--
``(I) the United States citizen spouse is at least
18 years of age and was at least 18 years of age at the
time of marriage; and
``(II) the noncitizen spouse--
``(aa) was at least 18 years of age on the
date of his or her marriage to a United States
citizen spouse unless the State of the United
States in which the petitioner and beneficiary
seek to reside together would have permitted
them to marry under the laws in effect in such
State at the time of filing; and
``(bb) is at least 18 years of age or, if
residing in a State described in item (aa), is
at least 16 years of age and establishes a
compelling, urgent humanitarian reason for the
issuance of a visa, arising from a risk of
individualized and targeted harm to such
noncitizen if such visa is denied, which reason
may not include parental consent, a child in
common with the petitioner, pregnancy, or any
combination of such factors.''.
(C) Spouses of lawful permanent residents.--Section
203(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(2)) is amended by striking subparagraphs
(A) and (B) and inserting the following:
``(A) who--
``(i) are the spouses of noncitizens
lawfully admitted for permanent residence who
are 18 years of age or older and were at least
18 years of age at the time of marriage; and
``(ii)(I) were at least 18 years of age on
the date of the marriage to a lawful permanent
resident spouse unless the State of the United
States in which the petitioner and beneficiary
seek to reside together would have permitted
them to marry under the laws in effect in such
State at the time of filing; and
``(II) are at least 18 years of age or, if
residing in a State described in subclause (I),
are at least 16 years of age and establish a
compelling, urgent humanitarian reason for the
issuance of a visa, arising from a risk of
individualized and targeted harm to the
noncitizen if the visa is denied, which reason
may not include parental consent, a child in
common with the petitioner, pregnancy, or any
combination of such factors;
``(B) who are the children of noncitizens lawfully
admitted for permanent residence; or
``(C) who are the unmarried sons or unmarried
daughters (but are not the children) of noncitizens
lawfully admitted for permanent residence,''.
(3) Rule of construction.--The amendments made by this
subsection may not be construed to preclude, limit, or modify
eligibility of any noncitizen spouse subjected to battery or
extreme cruelty and otherwise eligible for relief as a VAWA
self-petitioner (as defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51))), or any
battered spouse (within the meaning of section 240A(b)(2) of
that Act (8 U.S.C. 1229b(b)(2))), for any available relief
under the immigrations laws without regard to either spouse's
age at time of marriage.
(c) Proxy Marriage.--Section 101(a)(35) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(35)) is amended by striking
``marriage shall have been consummated'' and inserting ``parties have
met in person during the 2-year period immediately preceding the date
of the ceremony''.
(d) Applicability.--The amendments made by this section shall only
apply to--
(1) petitions or applications for any status or benefit
under the immigration laws that are filed or otherwise
submitted on or after the date of the enactment of this Act;
and
(2) marriages that are completed after such date of
enactment, except with respect to interviews described in
subsection (e).
(e) Interview Requirement.--An immigration officer or a consular
officer, as applicable, shall conduct a separate, private interview of
each party to a spousal or fiance visa petition or application prior to
approval, in all cases in which at least one party was under 18 years
of age at the time of the marriage or engagement that forms the basis
of the petition or application occurred, regardless of the date on
which such marriage or engagement occurred.
(f) Public Education on Changes to Immigration Law.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Secretary of Homeland Security and the Secretary
of State, in coordination with the head of any other
appropriate Federal agency, shall immediately, and on an
ongoing basis, provide educational materials and information to
the public, in multiple languages, that describe the changes to
the immigration laws made by the amendments under this section.
(2) Updates to advisory pamphlet.--
(A) In general.--The Secretary of Homeland Security
shall update the advisory pamphlet required under
section 833 of the International Marriage Broker
Regulation Act of 2005 (Public Law 109-162; 119 Stat.
3068) entitled ``Information on the Legal Rights
Available to Immigrant Victims of Domestic Violence in
the United States and Facts about Immigrating on a
Marriage-Based Visa'' to include the educational
materials and information provided pursuant to
paragraph (1).
(B) Distribution of updated pamphlet.--
(i) U.S. citizenship and immigration
services.--
(I) Petitioners and
beneficiaries.--
(aa) In general.--Except as
provided in item (bb), on
receipt of a spousal or fiance
visa petition, the Director of
U.S. Citizenship and
Immigration Services (referred
to in this subsection as the
``Director'') shall mail and
email the pamphlet updated
under subparagraph (A)
(referred to in this subsection
as the ``updated pamphlet'') to
the petitioner and beneficiary
of such petition, in the
primary languages of such
petitioner and beneficiary.
(bb) Exception.--If the
updated pamphlet is unavailable
in the primary language of a
petitioner or beneficiary, the
Director shall mail and email
the English version of the
updated pamphlet to the
petitioner or beneficiary.
(II) Public availability.--
(aa) U.S. citizenship and
immigration services offices.--
The Director shall display and
make available to the public,
in a publicly accessible
location of each U.S.
Citizenship and Immigration
Services office, the updated
pamphlet--
(AA) in English;
and
(BB) in multiple
additional languages,
including, in the case
of a U.S. Citizenship
and Immigration
Services office located
in a foreign country,
the 1 or more primary
languages of such
country.
(III) U.S. citizenship and
immigration services website.--The
Director shall post the updated
pamphlet on each relevant website of
U.S. Citizenship and Immigration
Services, including--
(aa) the homepage of U.S.
Citizenship and Immigration
Services; and
(bb) https://www.uscis.gov/
humanitarian/forced-marriage.
(IV) Community forums.--The
Director shall present the updated
pamphlet through U.S. Citizenship and
Immigration Services community forums
with immigrant communities in the
United States.
(V) Legal services providers.--The
Director shall provide the updated
pamphlet to all immigration legal
services providers in the United States
for distribution to the community.
(ii) Department of state.--
(I) Applicants.--
(aa) In general.--Except as
provided in item (bb), the
Secretary of State shall ensure
that consular officers directly
distribute the updated pamphlet
to each applicant for a spousal
or fiance visa during the
consular interview for such a
visa, in the primary language
of the applicant.
(bb) Exception.--If the
updated pamphlet is unavailable
in the primary language of an
applicant, the consular officer
conducting the visa interview
shall--
(AA) review the
contents of the updated
pamphlet with the
applicant orally in the
primary language of the
applicant; and
(BB) distribute the
English version of the
updated pamphlet to the
applicant.
(II) Public availability.--The
Secretary of State shall display and
make available to the public at each
United States embassy and consulate the
updated pamphlet in English and, if
available, the primary language of the
country in which the embassy or
consulate is located.
(III) Department of state
website.--The Secretary of State shall
post the updated pamphlet on each
relevant website of the Department of
State, including--
(aa) the website of the
National Visa Center;
(bb) https://
travel.state.gov/content/
travel.html;
(cc) https://
travel.state.gov/content/
travel/en/us-visas.html;
(dd) https://
travel.state.gov/content/
travel/en/international-travel/
emergencies/forced-
marriage.html; and
(ee) the website of each
consular post that processes
visa petitions.
(IV) Video advisories.--The
Secretary of State shall incorporate
the information contained in the
updated pamphlet into video advisories
on immigration requirements shown at
United States embassies, consulates,
and ports of entry.
(g) Public Education on Child Marriage.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Secretary of Homeland Security, the Secretary of
Health and Human Services, and the Attorney General, in
coordination with the head of any other appropriate Federal
agency, shall immediately, and on an ongoing basis, provide
information to the public on--
(A) the harmful impacts of child marriage described
in section 2; and
(B) the governmental and nongovernmental resources
an individual may contact to receive support services
relating to such impacts.
(2) Elements.--The information provided pursuant to
paragraph (1) shall be--
(A) made available in multiple languages on the
website of U.S. Citizenship and Immigration Services;
(B) presented through U.S. Citizenship and
Immigration Services community forums with immigrant
communities in the United States;
(C) incorporated into video advisories on
immigration requirements shown at United States
embassies, consulates, and ports of entry;
(D) provided to all immigration legal services
providers and refugee resettlement agencies in the
United States for distribution to the community; and
(E) made available on all relevant pages of the
website of the Department of State.
(h) Updates to Immigration Forms.--The instructions for Form I-130
(Petition for Alien Relatives) and Form I-129F (Petition for Alien
Fiance(e)) shall be updated to reflect the amendments made by this
section.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Moore, Gwen [D-WI-4]DHouseWI
Votes
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