Mail-Order Brides and Marriage Migration: A Comparative Study of the Problems in the U.S., Great Britain and Ireland
Keywords:
mail-order brides, female migration, arranged marriage, trafficking, human rightsAbstract
Mail-order brides are not a new concept to society, and unfortunately, it is still an issue that persists today. The trafficking of women illegally through the mail-order bride system is a well-known and documented phenomenon across the world. This paper will look specifically at the mail-order bride phenomena in the United States, the United Kingdom, and Ireland, as well as the International Marriage Broker Regulation Act of 2005 and the Victims of Trafficking and Violence Prevention Act of 2000. By analyzing these nations’ mail-order bride laws and systems, as well as the international laws governing mail-order brides, it is clear that although measures have been taken to protect trafficked women, more could be and should be done to protect women from falling into the hands of the abusive and dangerous mail-order bride ecosystem. By reforming laws, strengthening punishments, and placing more accountability on nations to actively prevent women from being mistreated as mail-order brides, we may one day be able to live in a world in which mail-order brides do not exist. The author presents the historical development of the mail-order bride phenomena and its current implications on women and family life. Moreover, the paper analyzes the problem in a broader, comparative perspective which gives a greater understanding of the occurrence within the realm of common law countries.
References
The Constitution of the United States, U.S. Const. amend. XIII, § 1.
The International Marriage Broker Regulation Act of 2005, 8 U.S.C.A. § 1375a.
Victims of Trafficking and Violence Prevention Act of 2000.
Forced Marriage (Civil Protection) Act, 2007.
No. 16 Andrews Computer & Internet Litig. Rep. 7.
Abrams K., Immigration Law and the Regulation of Marriage, "Minnesota Law Review" 2007, vol. 91.
Blair D.M., Weiner M.H., Stark B., Macdonaldo S., Family Law in the World Community; Cases, Materials and Problems in Comparative and International Family Law 144, 2d ed., 2009.
Bowes C.M., Esq, “Male” Order Brides and International Marriage Brokers: The Costly Industry that Facilitates Sex Trafficking, Prostitution, and Involuntary Servitude, "Cardozo Journal of Law and Gender" 2011, vol. 18.
Elson A.L., The Mail-Order Bride Industry and Immigration: Combatting Immigrations Fraud, "Indiana Journal of Global Legal Studies" 1997, vol. 5.
Eskind Moses M., Russ M.B., Forced Marriage, "Tennessee Bar Journal" 2014, September.
Grolsh O., Foreign Wives, Domestic Violence: U.S Law Stigmatizes And Fails to Protect “Mail-Order Brides”, "Hastings Women’s Law Journal" 2011, vol. 22.
Jackson S.H., Marriage of Convenience: International Marriage Brokers, “Mail-Order Brides” and Domestic Servitude, "University of Toledo Law Review" 2006, vol. 38.
Jackson S.H., To Honor and Obey: Trafficking in “Mail-Order Brides”, "George Washington Law Review" 2002, vol. 70.
Joshi A., The Face of Human Trafficking, "Hastings Women’s Law Journal" 2002, vol. 13.
Laquer A., Stark B., Global Issues In Family Law 34, 1St Ed., 2007.
Lee I.C., Lewis M., Human Trafficking From a Legal Advocate’s Perspective: History, Legal Framework and Current Anti-Trafficking Efforts, "University of California Davis Journal of International Law and Policy" 2003, vol.10.
Lloyd K.A., Wives for Sale: The Modern International Mail-Order Industry, "Nortwestern Journal of International Law and Business" 2000, vol. 20.
Meng E., "Mail-Order Brides” Gilded Prostitution And The Legal Response, "University of Michigan Journal of Law Reform" 1994, vol. 28.
Mobydeen L., Something Old, Something New, Something Borrowed, Something Mail-Ordered? The Mail-Order Bride Industry And Immigration Law, "Wayne Law Review" 2004, vol. 49.
Robinson B., The Disruption of Marital E-Harmony: Distinguishing Mail-Order Brides From Online Dating in Evaluating, “Good Faith Marriage”, "Public Interest Law Reporter" 2008, vol. 13.
Sims R., A Comparison Of Laws In The Philippines, the U.S.A, Taiwan, and Belarus to Regulate the Mail-Order Bride Industry, "Akron Law Review" 2009, vol. 42.
Stepnitz A., The Mail-Order Bride Industry As A Form of Trafficking For Sexual and Labour Exploitation, Violence In The EU Examined – Policies On Violence Against Women, Children and Youth in 2004 EU Accession Countries.
Symington A., Dual Citizenship and Forced Marriages, "Dalhousie Journal of Legal Studies" 2001, vol. 10.
Wei-Zhen Chong A., Migrant Brides In Singapore: Women Strategizing Within Family, Market and State, "Harvard Journal of Law and Gender" 2014, vol. 37.
Zug M., Lonely Colonist Seeks Wife: The Forgotten History of America’s First Mail Order Brides, "Duke Journal of Gender Law & Policy" 2012, vol. 20.
Clark G., An Introduction to the “Penpal Bride” or so-called “Mail Order Bride” Movement, available online at: www.upbeat.com/wtwpubs/intro.htm.
Garda Operation Vantage targeting sham marriages & illegal immigration, available at: http://www.inis.gov.ie/en/INIS/Pages/Garda%20Operation%20Vantage%20targeting%20sham%20marriages%20and%20illegal%20immigration.
Gulicova-Grethe M., Lorenz D., Marriage Migration into the New Country if Immigration – Ireland. Country Study, Project: Protection and Aid Measures for Female Marriage Migrants from Third Countries in the EU Member States, available at: ec.europa.eu/justice/grants/results/.../download?token=hToFQQy.
Home Office, the Rt Hon Norman Baker and The Rt Hon Theresa May MP, Forced Marriage Now a Crime, GOVERNMENT UK (Apr. 20, 2016), https://www.gov.uk/government/news/forced-marriage-now-a-crime.
Immigrant Council of Ireland, “Marriage Migration into Ireland”, 2003.
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, U.S. CITIZENSHIP AND IMMIGRATION SERVICES (April 3, 2016), https://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered%20Spouse,%20Children%20%26%20Parents/IMBRA%20Pamphlet%20Final%2001-07-2011%20for%20Web%20Posting.pdf.
Male-Ordered: The Mail-Order Bride Industry and Trafficking In Women For Sexual and Labour Exploitation, POPPY PROJECT 3 (February 2009), http://lastradainternational.org/lsidocs/Male-ordered.pdf.
Schengen Area and Cooperation, Belg.-Fr.-F.R.G.-Lux.-Neth, Jun. 14, 1985, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Al33020.
Scholes R.J., The “Mail-Order Bride” Industry and Its Impact on U.S Immigration, App. A (1999), https://www.christianfilipina.com/research/SCHOLES-MAIL-ORDER-BRIDE-REPORT.PDF.
Skalsbergs I., Gulicova-Grethe M., Marriage Migration in the United Kingdom Country Study, Project: Protection And Aid Measures for Female Marriage Migrants from Third Countries in the EU Member States, available at: ec.europa.eu/justice/grants/results/.../download?token=x5WhCGAy.
Storey L., Mail Order Bride Research Guide (Apr. 20, 2016), law1510.pbworks.com/f/Mail+Order+Bride+Pathfi nder+5.docx.
United Nations (2000) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). Palermo: United Nations and Council of Europe (2005). Convention on Action Against Trafficking in Human Beings. Warsaw: Council of Europe.
Welstead M., Forced Marriage: Bifurcated Values in the UK, "Denning Law Journal" 2009, vol. 21, available at: http://ubplj.org/index.php/dlj/article/view/341/371.