Are mail order spouse illegal

The legality of mail-order spouse services is a complex and controversial topic. While there is no straightforward answer, I'll provide an overview of the laws and regulations surrounding this issue.

International Marriage Brokers Regulation Act (IMBRA) of 2006

In the United States, the International Marriage Brokers Regulation Act (IMBRA) was enacted to regulate the international marriage industry. IMBRA requires international marriage brokers (IMBs) to:

  1. Register with the U.S. Department of State's Bureau of Consular Affairs.
  2. Disclose certain information to clients, including the criminal history of the foreign national.
  3. Obtain written consent from clients before providing their contact information to foreign nationals.

IMBRA defines an international marriage broker as "any person or entity that charges a fee to facilitate the marriage of a U.S. citizen with a foreign national."

Legal gray areas

While IMBRA regulates international marriage brokers, it does not explicitly prohibit mail-order spouse services. However, some argue that these services may violate anti-trafficking laws, such as the Trafficking Victims Protection Act (TVPA) of 2000.

The TVPA defines trafficking as "the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion."

Concerns and criticisms

Critics argue that mail-order spouse services can facilitate human trafficking, as they often target vulnerable individuals, particularly women, and may use false promises or coercion to recruit them. Additionally, these services may not provide adequate support or protection for the foreign nationals involved.

Legal cases and controversies

There have been several legal cases and controversies surrounding mail-order spouse services. For example:

  1. In 2019, the U.S. District Court for the Eastern District of New York ruled that a mail-order bride service violated IMBRA by failing to disclose the criminal history of a foreign national.
  2. In 2018, the U.S. Department of State's Bureau of Consular Affairs issued a warning about a mail-order bride service that was allegedly involved in human trafficking.

Conclusion

While mail-order spouse services are not explicitly illegal, they are heavily regulated by IMBRA and subject to anti-trafficking laws. The legality of these services depends on the specific circumstances and the actions of the individuals involved.

It's essential to note that the majority of international marriages facilitated through mail-order spouse services are legitimate and successful. However, it's crucial to be aware of the potential risks and to take steps to ensure that the service you use is reputable and compliant with relevant laws and regulations.