Washington, D.C. - U.S. Representatives Rick Larsen (D-WA) and Frank Wolf (R-VA) joined with U.S. Senators Maria Cantwell (D-WA) and Sam Brownback (R-KS) to announce today their renewed effort in Congress to pass federal legislation to protect women by safeguarding the International Marriage Broker industry.

Each year 8,000 to 12,000 U.S. men find foreign wives through for-profit international marriage brokers (IMBs). Two highly-publicized murders of women in Washington state by husbands they met through IMBs highlighted a growing nationwide trend of abuse. Larsen and Senator Maria Cantwell (D-WA) introduced similar legislation last year and began educating colleagues on the issue. The bipartisan introduction underscores the growing support for the House and Senate bills.

“Each year thousands of women come to the U.S. seeking a fresh start, love, and the American Dream. Too often they find the American Nightmare,” Rep. Larsen said. “The International Marriage Broker Regulation Act of 2005 will put into place critical and commonsense safeguards to protect these women, so that their dream does not end in tragedy.”

A 2003 study found that over 50 percent of legal assistance providers serving battered immigrant women had helped women who met their abusers through IMBs. These foreign fiancées often are unable to obtain reliable information about the criminal and marital histories of their prospective spouses, and are unaware of the legal rights and resources available to victims of domestic violence in the U.S.

Rep. Wolf, Co-chair of the Congressional Human Rights Caucus, commented: “This act takes essential steps toward protecting women and children around the world - many of whom are at risk of rape and even murder - from dangerous and violent men.  I am pleased that this act directly targets exploitation and abuse of women and children as well as domestic violence.”

Senator Brownback, who held a hearing in July 2004 about human trafficking and mail-order bride abuses, commented on the introduction of the bill: “The numerous accounts of abuse, neglect, slavery and even murder of mail-order brides demands more attention.  Not only should we educate the public on these risks, but we should work to protect the most vulnerable.  I am pleased to join this bipartisan effort aimed at informing and protecting women and children around the world.”
 
Larsen and Cantwell became personally invested in the issue after Anastasia King and Susanna Blackwell, both mail-order brides living in Washington state, were murdered by their husbands.

U.S. Senator Maria Cantwell said, “Fighting domestic violence should be a bipartisan effort.  I want to provide tools to international women who may fall victim to men who might take advantage of them.  Information about a person's rights, and background on a prospective spouse, can be powerful tools for women who might otherwise hide in fear and remain stuck in an abusive relationship.”

A section-by-section summary is attached at the end of this release.

Highlights of the International Marriage Broker Regulation Act of 2005:
- Obligates IMBs to obtain from the U.S. client and provide to the potential spouse the client’s criminal and marital history; also forces the IMB to get the foreign woman’s consent before passing on her contact information and informs her of her legal rights and resources should she find herself a victim of domestic violence
- Prohibits U.S. citizens from applying for multiple foreign fiancée visas at a time
- Ensures criminal background information is provided to foreign fiancée or spouse by Department of State as part of the K nonimmigrant visa process.

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Section-By-Section Summary
International Marriage Broker Regulation Act of 2005 (IMBRA)

Section 1:  Short Title, Findings, Table of Contents 

At least 8,000 to 12,000 U.S. men find foreign wives through for-profit international marriage brokers (IMBs) each year.  Two highly publicized murders of women by husbands they met through IMBs highlight a growing nationwide trend of abuse.  A 2003 study found that over 50 percent of legal assistance providers serving battered immigrant women had helped women who met their abusers through IMBs.  These foreign fiancées often are unable to obtain reliable information about the criminal and marital histories of their prospective spouses, and are unaware of the legal rights and resources available to victims of domestic violence in the U.S.

Section 2: Obligations of International Marriage Brokers

Marketing of Children Prohibited.  IMBs may not provide personal information about anyone under the age of 18 to any person.

Duty to Disclose Criminal and Marital History and Obtain Written Consent.  Before an IMB may provide a foreign woman’s contact information to any person, the IMB must (1) obtain from the person information about any criminal history (restraining or protective orders, arrests or convictions for violent crimes, child abuse or neglect, prostitution, substance abuse) and marital history, (2) provide this information to the foreign woman, (3) provide to the foreign woman a pamphlet (described in Section 3) about the legal rights and resources available in the U.S. to immigrant victims of domestic violence and other crimes; and (4) obtain the foreign woman’s written consent to release of her information to the person.

Penalties/Nonpreemption.  The bill provides for a civil penalty of not less than $20,000 per violation and criminal penalties of one to five years in prison.  State Attorneys General may sue IMBs to enforce the Act.  The penalties are in addition to those available under existing law.

Applicability.  “International marriage broker” is defined as an entity that charges fees for providing matching services or social referrals between U.S. citizens/residents and aliens.  The definition excludes nonprofit religious or cultural matchmaking services, and dating services that do not match U.S. citizens/residents with aliens as their principal business and that charge all participants comparable rates regardless of a client’s gender or country of residence. 

Repeal of 1996 “Mail-Order Bride” Provision.  IMBRA repeals Section 652 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.   
 
Section 3: Informational Pamphlet about Legal Rights and Resources

IMBRA requires the Departments of State (DOS) and the Department of Homeland Security (DHS), working with nonprofit immigrant victim advocacy organizations, to develop a pamphlet for foreign fiancées and spouses about the K visa immigration process, the legal rights and resources available to immigrant victims of domestic abuse and other crimes, the illegality of marriage fraud (i.e., knowingly entering a marriage solely to obtain an immigration benefit) and U.S. legal obligations regarding child support. 

Section 4: Changes in K Nonimmigrant Visa Process

Simultaneous Petitions for More Than One Foreign Fiancée Prohibited.  IMBRA prohibits U.S. citizens from applying for a visa for a foreign fiancée while the citizen has a petition pending or a currently valid K visa for another foreign fiancée. 

Criminal Background Information to be Provided to Foreign Fiancée or Spouse.  DHS shall obtain from a U.S. petitioner, under penalty of perjury, the types of criminal history information IMBs are required to collect under section 2.  DHS shall provide this information and criminal background information DHS has otherwise gathered under existing authority to DOS.  (IMBRA does not provide additional authority to conduct background checks.)

DOS shall provide to the foreign fiancée or spouse a copy of the petition, and any criminal background information DHS obtained about the petitioner in the categories provided in section 2.  The consular officer administering the K visa application overseas must inform the woman that this information may not be complete, and ask her whether (1) an IMB facilitated her relationship with the petitioner, and (2) the IMB complied with IMBRA.

Section 5:  Study and Report

Section 5 requires DHS to conduct a study of the IMB industry, the accuracy of information IMBs obtain from U.S. clients and DHS obtains from petitioners, the extent to which people with a history of violence use IMBs, and the extent to which criminal background checks identify past instances of domestic violence.  The report also shall assess the extent to which the languages of translation required under section 3 accurately reflect the major markets for IMB recruitment and the greatest concentrations of K visa applicants.  A report based on this study shall be submitted to the House and Senate Judiciary Committees within three years after the date of enactment. 

Section 6:  Effective Date

The bill takes effect 60 days after enactment, except that Section 4 takes effect immediately and requirements regarding the informational pamphlet take effect 120 days after enactment.