America’s Most Taboo Import: Mail-Order Brides
The Digital Marketplace
International Marriage Brokers (IMBs), which facilitate fraudulent marriages overseas, are at the forefront of internet brothels. These organizations recruit and trick women from impoverished countries to be sold to the Western market by fake matchmaking companies. IMBs dangle promises of a better quality of life abroad and job opportunities to provide victims with money to send back home. The well-known moniker for these women is “mail-order brides.” While sex trafficking is prominent in China and Vietnam, the Philippines sources more women to these sites than any Asian country. Approximately 300,000 to 500,000 women per year are trafficked internationally from the Philippines. In the Western world, the United States is the largest purchaser of mail-order brides.
The vulnerability of young Filipinas is being exploited to cater to predominantly male clienteles’ desires. IMBs will attract women through advertisements and word of mouth, capitalizing on the economic desperation of these women as a recruitment tactic. These organizations depersonalize, objectify, and transform Filipinas into a hot commodity, as they are advertised on online marketplaces with names such as “Filipina Dream Girls” or “Pearls of the Orient.” Women are advertised as caricatured Asian stereotypes: virginal, demure, and timid. Solicitors of mail-order brides pay IMBs’ fees to access their matchmaking services and websites. For thousands of dollars, customers can even embark on a “tour” to the Philippines to meet large groups of women. However, these tours can be fronts for prostitution rings, sometimes referred to as “meat markets” for soliciting sex.
There is an illusion of free choice for women in the Philippines who join IMB sites; however, it is farcical, as preying upon economic despair with the fable of a better life is coercion. Victims do not have agency in this situation if there are limited economic options to free themselves from poverty in the Philippines. When that option involves being duped and indebted to a buyer, it is considered human trafficking, and should be addressed as such.
An American Problem
The U.S. blindly assumes that mail-order brides immigrate on their own volition. Consequently, victims are not protected under human trafficking legislation. The rigid structure of American immigration laws is a recipe for domestic violence. Trafficked brides are up to six times more likely than American women to experience abuse in the home; however, this statistic is likely undercounted due to language barriers in communicating with victims. One notable case is the murder of Susana Blackwell, a pregnant Filipina bride in Washington state. In 1995 her husband shot Susana and two of her friends in court, because she was filing for divorce. She was officially married for only two weeks before her husband first assaulted her. While she ceased living with him, she was unable to legally obtain a divorce. Susana was trapped because of a two-year conditional permit that all immigrant spouses must comply with. This permit proclaims that immigrants who come to the United States for marriage must remain with their spouses or risk losing residency, specifically if it appears the marriage was only for the purpose of maintaining their legal status. Out of fear of deportation, victims often acquiesce to their husbands’ desires, especially regarding unwanted sex acts, not unlike involuntary servitude.
Failed Efforts
American attempts to curb IMBs pale in comparison to the Philippines. Although neither country’s laws are totally effective, the Philippines has at least set up a framework for future success. Established in 1990 in the Philippines, Republic Act Number 6955.65, also known as the Anti-Mail-Order Bride Law, bans soliciting Filipina women as mail-order brides. However, this law proved unsuccessful since it failed to address the role of the internet in solicitation and does not have the jurisdiction to impact international businesses. In 2015 the law was revised with the Anti-Mail-Order Spouse Act, which specifically targets internet and postal solicitation. Native offenders can be imprisoned for fifteen years, and foreign offenders can face deportation, serving as a deterrent for potential violators.
In contrast, the U.S. imposes regulations but does not ban IBMs, which are recognized as legal and viable businesses. One piece of relevant legislation is The International Marriage Broker Regulation Act (IMBRA), which was passed in 2006. Under this act, IMBs are ordered to conduct a background check of each client, which includes information about sex offenses, criminal records, marital history, and children. Clients can only receive the bride’s information once this is completed. Violators of this process may face a maximum of five years in prison. However, no specific department has been established to address IMBRA violations.
There has been no revision to this act or any new laws passed in sixteen years despite the fact that this legal framework fails to protect women. The Government Accountability Office is meant to monitor the Department of Justice and Department of State, who are to provide educational information to immigrant spouses. However, these resources are often only in English, so women may miss out on important information, including that victims of domestic violence can report abuse regardless of immigration status. This lack of knowledge contributes to their fear of deportation, solidifying being trapped with their husbands. The United States does not view the solicitation of mail-order brides as human trafficking, under the guise that women are choosing to immigrate.
Policy Recommendations
This problem must be addressed at the root: the clientele. Without customers, there is no business. The United States must legally recognize IMBs as facilitators of human trafficking, not as businesses. The 2000 Trafficking Victims Protection Act (TVPA) defines sex trafficking as the solicitation of a person for unconsented sex and forced labor as involuntary servitude through coercion. By redefining IMBs to align with this position, perpetrators and syndicates can be criminally prosecuted. Because the Philippines sources a great deal of trafficked brides, there must be more government collaboration efforts. While neither country has the jurisdiction to prosecute violators outside of their borders, they can pool resources. A covert database can be created of various IMB websites including fronts such as pen pal services. As a result, special attention can be allotted to the proper distribution of marriage visas from the Philippines. In exchange, the U.S. can provide a list of previous offenders to the Philippine government, helping them flag violators entering their country. One concern is that eliminating IMBs in the United States could empower them to conduct business elsewhere. However, as the top consumer of mail-order brides, losing business from the United States would significantly diminish revenue, and in turn, victims. Regardless of IMBs existing in other countries, the United States can serve as an example to stop perpetuating this form of violence against women.
Author: Talya Ackerman
Managing Editor: Alexander Sarchet
Web Editor: Daniella Ciniglio
