Using Existing Immigration Regulations to Vet for Cultural Compatibility

At an Immigration Newsmaker event earlier this month, CIS Executive Director Mark Krikorian sat down with Rep. Brandon Gill (R-Texas) to discuss U.S. immigration policy. Among the topics Rep. Gill addressed was his recommendation to vet immigrants for cultural compatibility with American values. He stated: “Not all cultures are compatible with [our] governing framework, and I don’t think that we should be importing cultures or cultural practices that undermine our own constitutional system.”

Rep. Gill’s remarks evoke the traditional concept of America as a “melting pot”. Proponents of multiculturalism increasingly replace that model with the “salad bowl” or “mosaic”, in which new immigrants maintain distinct cultural identities rather than assimilating. America was founded on principles of individual liberty and democracy that are not universally shared around the world. When assimilation does not occur, those founding principles may be weakened. U.S. Citizenship and Immigration Services (USCIS), which adjudicates immigration petitions and (affirmative) asylum applications, already possesses tools that can be used to evaluate cultural compatibility.

Whether being petitioned for by a U.S. citizen or a lawful permanent resident (green card holder), coming to the U.S. as a refugee, or filing for asylum in the U.S., eligibility is determined in accordance with the Immigration and Nationality Act (INA). In such situations, if the alien is married, the marriage must be valid both where it occurred and under U.S. immigration law.

Generally, USCIS does not recognize a marriage (even if it was valid in a foreign jurisdiction) if the relationship is “contrary to public policy in the United States”. This definition includes “marriages involving certain close relatives”. Such marriages include cousin marriages, which are associated with extended family structures in certain non-Western societies, and which may impede assimilation into American society.

While first-cousin marriage is extremely rare in the United States — about one in 1,000 marriages — it is far more common in parts of Africa, the Middle East, and South Asia, where cousin marriage can account for 20-60 percent of marriages. In some communities, double-first-cousin marriages also occur, meaning both spouses’ parents are siblings.

It would be in keeping with the INA if USCIS carefully screens Form I-130 petitions and refugee or asylum applications to identify marriages between first cousins. This would reduce the likelihood that individuals whose marriages conflict with longstanding U.S. public policy would be admitted to the United States, granted asylum, or permitted to adjust status to lawful permanent residence.

Domestically, there are some U.S. states that do not prohibit marriages between close relatives, some that allow them only under specific conditions (such as age, infertility, or after genetic counseling), and others where such marriages are prohibited, considered void, or even criminalized. USCIS recognizes cousin marriages “for immigration purposes, generally, if they are consistent with the laws or public policy of the state where the parties reside or intend to reside. The fact that the couple could not have married in the state of residence does not necessarily mean that the marriage is contrary to public policy of the state.”

However, if the state where the couple intends to reside considers a cousin marriage void or criminalizes conduct related to the marriage, that would clearly conflict with the public policy of that state. USCIS should deny a petition based on such a marriage or deny a refugee or asylum application for a couple with such a marriage who would live in a state where the conduct would be void or where marital relations would be classified as criminal (or where cousin marriage is restricted and the couple does not meet the restriction). Importantly, applicants should not be permitted to establish residence in a state that allows cousin marriage solely to circumvent the public-policy rules of the state in which they actually intend to live.

State laws regarding first cousin marriage vary considerably across the U.S., as summarized below:

With these considerations in mind, USCIS should add two questions to the USCIS Forms I-130, “Petition for Alien Relative”; I-485, “Application to Adjust Status”; and I-589, “Application for Asylum and for Withholding of Removal”, asking:

Are you and your spouse related by blood?

If yes, what was your family relationship prior to your marriage?

Immigration medical examinations already are required for immigrant visa applicants, applicants for adjustment of status, and refugees admitted to the United States. In some cases where documentary evidence of a claimed family relationship is insufficient, U.S. consulates may request voluntary DNA testing to confirm biological relationships between parents and children or between siblings. USCIS, the Department of State, and immigration courts in defensive asylum cases should consider expanding the use of such testing in cases involving applicants from countries where first cousin marriage is common.

Immigration adjudications already require officers to determine whether a marriage is valid both where it was celebrated and under U.S. public policy. When a state would consider a close-relative marriage void or criminal, that determination provides a clear benchmark for adjudicators without requiring new statutory tests or subjective cultural judgments. Applying those standards consistently would align immigration decisions with the same public-policy boundaries that govern marriage law within the United States and provide a practical measure of cultural compatibility.

Statutory Citations

1. Alabama: Ala. Code § 30-1-9.1 (The parties are not related by blood or adoption such that the marriage would violate Section criminal code 13A-13-3, in which cousin is not listed as a prohibited relationship).
2. Alaska: Alaska Stat. § 25.05.021 (prohibiting marriages where the parties are “more closely related than the fourth degree of consanguinity” under civil-law rules).
3. Arizona: Ariz. Rev. Stat. § 25-101 (marriages between first cousins are prohibited and void except under specified conditions such as advanced age or infertility).
4. Arkansas: Ark. Code Ann. § 9-11-106 (marriages between certain relatives, including first cousins, are declared incestuous and absolutely void).
5. California: Cal. Fam. Code § 2200 (void marriages between certain close relatives; first cousins not included).
6. Colorado: Colo. Rev. Stat. § 14-2-110 (marriages between certain relatives are prohibited, cousins not included).
7. Connecticut: Conn. Gen. Stat. § 46b-21 (marriages between certain relatives are prohibited, cousins not included).
8. Delaware: Del. Code tit. 13 § 101 (marriages between certain relatives, including first cousins, are declared prohibited and void).
9. Florida: Fla. Stat. § 741.21 (incestuous marriages prohibited, cousins not included).
10. Georgia: Ga. Code Ann. § 19-3-3 (marriages between certain relatives are prohibited, cousins not included).
11. Hawaii: Hawaii Rev. Stat. § 572-1 (marriages between certain relatives are prohibited, cousins not included).
12. Idaho: Idaho Code § 32-205 (marriages between certain relatives are prohibited, cousins not included).
13. Illinois: 750 Ill. Comp. Stat. 5/212 (first cousin marriages are prohibited, except if both parties are over age 50, or one party to the marriage is permanently and irreversibly sterile).
14. Indiana: Ind. Code § 31-11-1-2 (first cousin marriages are prohibited, except if both parties are at least 65 years of age).
15. Iowa: Iowa Code § 595.19 (marriages between certain relatives including first cousins are void).
16. Kansas: Kan. Stat. Ann. § 23-2503 (marriages between certain relatives, including first cousins, are declared incestuous and absolutely void).
17. Kentucky: Ky. Rev. Stat. § 402.010 (marriages between certain relatives, including first cousins, are declared incestuous and void).
18. Louisiana: La. Civ. Code art. 90 (marriages between certain relatives are prohibited, including first cousins).
19. Maine: Maine Rev. Stat. tit. 19-A § 701 (first cousins may marry if genetic counseling certification is provided).
20. Maryland: Md. Code Ann., Fam. Law § 2-202 (marriages between certain relatives are prohibited, cousins not included).
21. Massachusetts: Mass. Gen. Laws ch. 207, § 1 (marriages between certain relatives are prohibited, cousins not included).
22. Michigan: Mich. Comp. Laws § 551.3 (marriages between certain relatives are prohibited, including first cousins).
23. Minnesota: Minn. Stat. § 517.03 (prohibited marriages between certain relatives, first cousins are included, except if the marriage is permitted by the established customs of aboriginal cultures).
24. Mississippi: Miss. Code Ann. § 93-1-1 (marriages between certain relatives including first cousins are prohibited and void).
25. Missouri: Mo. Rev. Stat. § 451.020 (marriages between certain relatives including first cousins are prohibited and void).
26. Montana: Mont. Code Ann. § 40-1-401 (marriages between certain relatives are prohibited, first cousins are included).
27. Nebraska: Neb. Rev. Stat. § 42-103 (marriages between certain relatives are prohibited, whole blood first cousins are included).
28. Nevada: Nev. Rev. Stat. § 122.020 (marriages between certain relatives are prohibited, first cousins are included).
29. New Hampshire: N.H. Rev. Stat. § 457:2 (marriages between certain relatives are prohibited, first cousins are included).
30. New Jersey: N.J. Stat. Ann. § 37:1-1 (marriages between certain relatives are prohibited, cousins not included).
31. New Mexico: N.M. Stat. Ann. § 40-1-7 (marriages between certain relatives are prohibited, cousins not included).
32. New York: N.Y. Dom. Rel. Law § 5 (marriages between certain relatives are incestuous and void, cousins not included).
33. North Carolina: N.C. Gen. Stat. § 51-3 (marriage prohibited and void by double first cousins).
34. North Dakota: N.D. Cent. Code § 14-03-03 (marriages between certain relatives are incestuous and void, including first cousins).
35. Ohio: Ohio Rev. Code § 3101.01 (marriages between certain relatives are prohibited, first cousins are included).
36. Oklahoma: Okla. Stat. tit. 43 § 2 (marriages between certain relatives, including first cousins, are declared incestuous, illegal and void, except a first cousin marriage performed in another state where it is legal).
37. Oregon: Or. Rev. Stat. § 106.020 (marriages between certain relatives are prohibited, first cousins are included, except if first cousins by adoption only).
38. Pennsylvania: 23 Pa. Cons. Stat. § 1304 (marriages between certain relatives are prohibited, first cousins are included).
39. Rhode Island: R.I. Gen. Laws § 15-1-1 (marriages between certain relatives are prohibited, first cousins not included).
40. South Carolina: S.C. Code Ann. § 20-1-10 (marriages between certain relatives are prohibited, first cousins not included).
41. South Dakota: S.D. Codified Laws § 25-1-6 (marriages between certain relatives, including first cousins, are declared incestuous and void).
42. Tennessee: Tenn. Code Ann. § 36-3-101 (marriages between certain relatives are prohibited, first cousins are included).
43. Texas: Texas Fam. Code § 2.004(b)(6)(F) (marriages between certain relatives are prohibited, first cousins are included).
44. Utah: Utah Code § 81-2-402 (first cousin marriages are incestuous and void, except if both parties are at least 65 years of age or older, or both are 55 years of age or older and verified that either is unable to reproduce).
45. Vermont: Vt. Stat. Ann. tit. 15 § 1 (marriages between certain relatives are prohibited, first cousins not included).
46. Virginia: Va. Code § 20-38.1 (marriages between certain relatives are prohibited, first cousins not included).
47. Washington: Wash. Rev. Code § 26.04.020 (marriages between certain relatives, including first cousins are prohibited, except a first cousin marriage performed in another state where it is legal).
48. West Virginia: W. Va. Code § 48-2-302 (marriages between certain relatives are prohibited, first cousins and double cousins are included).
49. Wisconsin: Wis. Stat. § 765.03 (prohibited marriages between certain relatives; statutory restrictions applicable to first cousins).
50. Wyoming: Wyo. Stat. § 20-1-101 (marriages between certain relatives are prohibited, first cousins are included).