The legal framework
The federal prohibition has a complicated history: a 2018 federal court decision held the original statute unconstitutional on federalism grounds, and Congress responded by re-enacting it on a firmer basis. The federal law covers performing FGM and knowingly transporting a girl for that purpose. Most states also have their own statutes, and many explicitly cover taking a child out of state or abroad.
The federal picture changed twice in a few years. A federal court struck down the original 1996 ban in 2018 on the ground that Congress had exceeded its powers; Congress responded with the STOP FGM Act of 2020, signed in January 2021, which re-enacted the prohibition on a firmer constitutional footing and expanded it. Most but not all states have their own laws, so where the conduct happens still matters.
Key points
| Federal law | Re-enacted after a 2018 ruling struck down the earlier statute |
|---|---|
| Vacation cutting | Transporting a girl for FGM is expressly covered |
| State laws | The large majority of states have their own prohibitions |
| Consent | Not a defence |
| Reporting | Mandatory child abuse reporting laws apply in every state |
| Affected population | Estimated in the hundreds of thousands, concentrated in a few metropolitan areas |
| Care | Specialist clinics exist in several major cities |
In practice
- Check your state's statute as well as the federal one: several go further, including on travel.
- Mandatory reporting laws apply to teachers, clinicians and social workers in every state.
- Specialist clinics in several cities provide deinfibulation and counselling.
- If a child may be taken abroad, contact child protective services and consider a court order.
Cost and coverage
Costs depend on insurance; community clinics and some specialist services operate on a sliding scale.
Where to go
- State child protective services.
- Specialist FGM clinics in major metropolitan areas.
- Community advocacy organisations working with affected diasporas.
Worth knowing
The patchwork means protection depends on where you live. Federal law covers transport for the purpose of FGM, which is the provision most often relevant in practice.
Frequently asked questions
Is FGM a federal crime in the United States?
Yes. The STOP FGM Act, signed in January 2021, restored and strengthened the federal offence after the earlier statute was struck down in 2018. It also covers transporting a girl out of the country for the purpose — so-called vacation cutting.
Do state laws still matter?
Yes. Most states have their own prohibitions, and several go further than the federal statute, for example by extending the limitation period or by adding civil remedies. A handful of states still have no specific law, in which case general assault and child-abuse provisions apply.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation