A Justice Department rule took effect Sept. 10, creating a formal process for handling civil penalties against international marriage brokers accused of violating federal law.
The penalties aren’t new. Under the International Marriage Broker Regulation Act, covered businesses can face civil penalties of $5,000 to $25,000 for each violation.
The rule was published Aug. 11 but took effect Sept. 10. It explains how those cases can be handled inside the Justice Department.
An IMBRA enforcement official can file a complaint with the Office of the Chief Administrative Hearing Officer. The broker then has an opportunity to respond, and an administrative law judge can determine whether a violation occurred and impose a penalty.
The distinction between an international marriage broker and a matchmaker is important.
Under federal law, an international marriage broker is a person or business that charges for dating, matrimonial or matchmaking services between U.S. citizens, nationals or permanent residents and foreign national clients by providing contact information or otherwise helping them communicate.
That doesn’t include every dating service or matchmaker. The law provides exceptions for certain nonprofit cultural or religious matchmaking organizations and dating services whose primary business isn’t international matchmaking and that provide comparable rates and services regardless of gender or citizenship.
Arlene Washburn, founder of the International Matchmaking Compliance Board, said companies should focus on how their services operate rather than the labels they use.
“IMBRA does not apply to every matchmaker, but matchmaking companies that introduce U.S. clients to foreign national clients should not assume they are outside the law without reviewing their actual service model,” Washburn said.
Covered brokers also have requirements involving background information, searches of the National Sex Offender Public Website and written consent before releasing a foreign national client’s contact information to a specific U.S. client.
The Justice Department said the new procedure is intended to deter fraudulent marriages and exploitation of immigrants recruited through international marriage brokers.
