July 21, 2026
Mr. Durbin (for himself, Mr. Schatz, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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 fiancé or fiancée 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 fiancé or fiancée 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 fiancés or fiancéess 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, the 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:
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 of the amount of the increase is provided under the program described in subsection (a)(1); and
(2)
75 percent of 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 fiancés or fiancéess 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 fiancé or fiancée 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 fiancé or fiancée 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 fiancé or fiancée 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 fiancé or fiancée 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 Fiancé(e)) shall be updated to reflect the amendments made by this section.