STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

Quick facts

Record: Senate Floor
Section type: Floor speeches
Chamber: Senate
Date: July 21, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Durbin, Richard J.
Bills and resolutions: S. 5060 (119th Congress)
Committees: Committee on the Judiciary, Committee on Health, Education, Labor, and Pensions, Committee on Education and Workforce

Readable version of the official text

By Mr. DURBIN (for himself, Mr. Schatz, and Mrs. Gillibrand):

S. 5060. A bill to comprehensively combat child marriage in the United States; to the Committee on the Judiciary.

Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be

printed in the Record, as follows:

S. 5060

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, D.C., 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,

D.C. 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.”.

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

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 the Workforce of the House of Representatives;

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;

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;

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;

(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.

(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.

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;

Health, Education, Labor, and Pensions of the Senate; and

(D) the Committee on the Judiciary and the Committee on

Education and the 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 the 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;

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.

(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.

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.”.

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.

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;

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.

Official source

Download the official section PDF

Readable version of the official text

Linked Context

Official Record

Quick facts

Linked context

Readable version of the official text

There being no objection, the text of the bill was ordered to be

Official source