ANNAPOLIS — In an effort to prevent domestic violence and close
a loophole in federal law, Maryland lawmakers want criminal background
checks available on men who pay to meet mail-order or Internet brides
through marriage brokers.
A federal law, the International
Marriage Broker Regulation Act, was enacted in 2006 and requires
international marriage brokers to check clients against sex offender
registries. But marital history and other criminal records do not have
to be checked by the brokers.
The federal law only requires that brokers ask their American clients,
who are overwhelmingly men, about marital history and criminal records,
according to the sponsors of the state bill.
"He
can lie," said Natasha Spivack of Encounters International, a Maryland
broker with a database of more than 450 Russian women. "[There's no]
requirement that whatever he says has to be doubted and checked."
The
proposed Maryland law aims to correct this by requiring criminal
background checks if a broker's recruits, usually women from Russia,
Latin America or other foreign countries, request them.
Both
the federal law and proposed state law require brokers to provide
information to foreign women on their rights regarding immigration,
domestic violence assistance and emergency services, according to the
Maryland Department of Legislative Services.
Sometimes
women are not aware of their rights and fear that reporting domestic
violence can result in deportation, according to the Tahirih Justice
Center, which has advocated on behalf of abused foreign brides.
The
federal Violence Against Women Act allows immigrant spouses to
self-petition for residency under some circumstances if they have been
abused.
The Maryland bill requires informational
materials to be translated into the woman's native language at the
broker's expense, whereas federal law requires only 15 languages,
according to Legislative Services. Penalties under the state law would
also be more severe.
A priority for the Women
Legislators of Maryland, House and Senate versions of the bill aim to
"lay the groundwork" for passage either this session or next year, said
Delegate Adelaide Eckardt, R-Dorchester, the group's president.
"Either way, I don't think we lose," she said. "We're still educating."
The
bills apply to any for-profit international marriage broker doing
business with a Maryland resident. Religious and not-for-profit brokers
are exempt.
Spivack, a Russian native, said providing
women with in-depth legal information can make it easier for them to
commit immigration fraud by falsely accusing their husbands of domestic
violence. After a divorce, the women can sometimes self-petition for
permanent residency.
"I know these laws are heavily misused," she said.
Spivack said she tries to counsel the clients and recruits who use her service to prevent fraud.
Encounters
International was the target of a 2004 lawsuit by a Ukrainian woman who
claimed she was abused by her spouse. She successfully sued Spivack's
company for failing to screen its male clients.
Spivack
maintains the lawsuit was based on false charges, and said she's not
against laws protecting abused women if they have protections in place
for the accused as well.
"I am against giving carte blanche to women just because they may be abused," she said.