[Congressional Record Volume 143, Number 35 (Tuesday, March 18, 1997)]
[Extensions of Remarks]
[Page E496]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

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                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                        Tuesday, March 18, 1997

  Mr. McCOLLUM. Mr. Speaker, today I am introducing legislation with my 
colleague Mr. Berman of California to make a technical correction to 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
[IIRIRA]. Allow me to explain the history behind this legislation.
  Section 102 of Public Law 103--416, the Immigration and Nationality 
Technical Corrections Act [INTCA] granted Americans abroad the 
possibility of being able to expeditiously naturalize their children 
abroad who had not acquired U.S. citizenship at birth. This section 
allowed certificates of citizenship to be granted to a child of a U.S. 
citizen, either born or adopted abroad, provided that the child is 
under 18 and that either an American parent or the U.S. parent's 
parent--i.e., the American grandparent--has spent 5 years in the United 
States. Two of those 5 years must be after age 14. The child and his or 
her American parent apply from their residences abroad and come to the 
United States for the INS interview and final swearing in at which time 
the certificate of citizenship is awarded.
  However, a change to this was made in IIRIRA. The change places a 
special restriction on children born before November 14, 1986. For 
these children to be eligible for certificates of citizenship, the 
American parent or grandparent is required to have been physically 
present in the United States for a total of 10 years, five of which 
were after age 14.
  Mr. Speaker, this change is contrary to what was established in 1994. 
I have made inquiries as to why this change was made and I have found 
nobody actually making an argument on its behalf. The confusion created 
by this change has made an administrative nightmare for many 
applicants. The INS has not had an easy time with implementing the 
original language and this change cannot help things.
  It is my hope that we will be able to give favorable consideration to 
this correction to IIRIRA. It is critical if we are to remain 
consistent in our treatment of Americans born or adopted abroad. I urge 
my colleagues to support it.

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