[Congressional Record Volume 145, Number 141 (Monday, October 18, 1999)]
[House]
[Pages H10136-H10137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AMENDING THE IMMIGRATION AND NATIONALITY ACT REGARDING ADOPTED ALIENS

  Mr. SMITH of Texas. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2886) to amend the Immigration and Nationality Act 
to provide that an adopted alien who is less than 18 years of age may 
be considered a child under such Act if adopted with or after a sibling 
who is a child under such Act.
  The Clerk read as follows:

                               H.R. 2886

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROVIDING THAT AN ADOPTED ALIEN WHO IS LESS THAN 
                   18 YEARS OF AGE MAY BE CONSIDERED A CHILD UNDER 
                   THE IMMIGRATION AND NATIONALITY ACT IF ADOPTED 
                   WITH OR AFTER A SIBLING WHO IS A CHILD UNDER 
                   SUCH ACT.

       (a) In General.--Section 101(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
       (1) in subparagraph (E)--
       (A) by inserting ``(i)'' after ``(E)''; and
       (B) by adding at the end the following:
       ``(ii) subject to the same proviso as in clause (i), a 
     child who (I) is a natural sibling of a child described in 
     clause (i) or subparagraph (F)(i); (II) was adopted by the 
     adoptive parent or parents of the sibling described in such 
     clause or subparagraph; and (III) is otherwise described in 
     clause (i), except that the child was adopted while under the 
     age of eighteen years; or''; and
       (2) in subparagraph (F)--
       (A) by inserting ``(i) after ``(F)'';
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(ii) subject to the same provisos as in clause (i), a 
     child who (I) is a natural sibling of a child described in 
     clause (i) or subparagraph (E)(i); (II) has been adopted 
     abroad, or is coming to the United States for adoption, by 
     the adoptive parent (or prospective adoptive parent) or 
     parents of the sibling described in such clause or 
     subparagraph; and (III) is otherwise described in clause (i), 
     except that the child is under the age of eighteen at the 
     time a petition is filed in his or her behalf to accord a 
     classification as an immediate relative under section 
     201(b).''.
       (b) Conforming Amendments Relating to Naturalization.--
       (1) Definition of child.--Section 101(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(c)) is amended 
     by striking ``sixteen years,'' and inserting ``sixteen years 
     (except to the extent that the child is described in 
     subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)),''.
       (2) Certificate of citizenship.--Section 322(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1433(a)(4)) is 
     amended--
       (A) by striking ``16 years'' and inserting ``16 years 
     (except to the extent that the child is described in clause 
     (ii) of subparagraph (E) or (F) of section 101(b)(1))''; and
       (B) by striking ``subparagraph (E) or (F) of section 
     101(b)(1).'' and inserting ``either of such subparagraphs.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentleman from Michigan (Mr. Kildee) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Smith).
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2886, a bill introduced by the gentleman from 
California (Mr. Horn), amends the Immigration and Nationality Act and 
provides that an older child who is 16 or 17 years old may be adopted 
with or after the adoption of a younger sibling who is a child under 
such act.
  Currently, the Immigration and Nationality Act permits a foreign-born 
child who has been adopted by a United States citizen parent to be 
classified as an immediate relative child for purposes of immigration 
to the United States. To qualify, the child must be under the age of 16 
at the time an immigrant visa petition is filed on the child's behalf.
  Since most parents prefer to adopt infants or very young children, 
older children constitute a relatively small portion of the adoptive 
children admitted as immigrants. However, in cases involving siblings, 
adoptive parents often wish to adopt the older child or children in 
order to keep the family group intact. If the oldest child happens to 
be 16 or 17, there is no way under current law for that child to 
immigrate to the United States.
  A typical case would likely involve a group of siblings, one 16 or 17 
years old who had been orphaned. A United States citizen family is 
willing to adopt all of the siblings in order to keep them together 
but, under current law, the oldest child cannot immigrate to the United 
States. The result would be either separation of the older child from 
the sibling group or, in cases where foreign adoption authorities will 
not prevent the separation of siblings, the U.S. citizen loses the 
opportunity to adopt any of the children.
  The bill authored by the gentleman from California (Mr. Horn) would 
allow minor orphaned siblings to stay together when being adopted by 
U.S. citizens. The bill would allow a 16- or 17-year-old child to 
qualify as an immediate relative child if the U.S. citizen parents have 
also adopted a sibling of that child who is under the age of 16.
  This bill thus would achieve the goal of maintaining family unity in 
a relatively small number of cases involving the adoption of siblings 
one of whom is age 16 or 17 at the time the adoptive parents file 
immigrant visa petitions on the children's behalf, and I urge the House 
to adopt H.R. 2886.
  Madam Speaker, I reserve the balance of my time.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Madam Speaker, I wish to commend the gentleman from 
California (Mr. Horn) for his hard work in sponsoring this bill and the 
gentleman from Texas (Mr. Smith) and the gentlewoman from Texas (Ms. 
Jackson-Lee) for shepherding this bill through committee and now 
bringing this to the floor for consideration.
  The Immigration and Nationality Act provides immigration and 
naturalization benefits for the alien children of United States 
citizens. The word child, however, is a term of art with various 
definitions. In order to be considered a child in the basis of an 
adoption, an alien must be an unmarried person under 21 years of age 
who is adopted while under the age of 16 years. This bill would expand 
the definition of an adopted child to include an adoptive person 
between the ages of 16 and 18, provided that the child who is between 
16 and 18 is a natural sibling of a child adopted while under the age 
of 16.
  This bill would achieve a worthwhile purpose. If a United States 
citizen adopts a 15-year-old child, they should also be able to obtain 
immigration benefits for the child's 17-year-old sibling if they adopt 
the sibling too. Since most parents prefer to adopt infants, or very 
young children, older children constitute a relatively small portion of 
the adopted children admitted as immigrants.
  According to the Immigration and Naturalization Service, out of a 
total of 11,316 immigrant orphans admitted in fiscal year 1996, only 
351 were age 10 or older. However, in cases involving siblings, 
adoptive parents frequently wish to adopt the older child or children 
in order to keep a family group intact. If the oldest sibling happens 
to be 16 or 17, there is no way under current law that the child can 
immigrate to the U.S. This bill would change that.
  H.R. 2886 will further the goal of maintaining family unity in the 
relatively small number of cases involving the adoption of siblings, 
one of whom is 16 or 17 at the time the adoptive parents file visa 
petitions on the children's behalf.

[[Page H10137]]

  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume to thank the gentleman from Michigan for his supportive 
comments.


                             General Leave

  Mr. SMITH of Texas. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and to include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. HORN. Madam Speaker, I am delighted that my colleagues have 
unanimously supported this legislation 404 to O.
  Foreign adoption provides many U.S. citizens with the opportunity not 
only to experience the joys of parenthood but also to provide their 
children with a better life in the United States.
  As the author of H.R. 2886, a bipartisan bill, we have provided for 
an expansion of these opportunities. The intent of the bill is to allow 
immigrant orphan siblings to stay together when they are being adopted 
by U.S. citizens.
  Under current law, a U.S. citizen may bring an immigrant child they 
have adopted to the United States if the child is under the age of 16. 
This legislation would allow U.S. citizens to adopt immigrant children 
ages 16-17 if the adoption would keep a group of siblings together.
  Family unity is a frequently cited goal of our immigration policy, 
and this proposal would promote that goal. The typical case this 
proposal would help is a group of siblings who were orphaned in their 
home country--or their parents became unable to care for them. If the 
children are adopted by U.S. citizens and the oldest sibling is 16 or 
17, the oldest sibling cannot come to the United States with his or her 
brothers and sisters under current law. It does not make sense for 
siblings to be separated because of an arbitrary age limit.
  Moreover, some foreign adoption authorities do not allow the 
separation of siblings. In such a case, if a U.S. citizen wanted to 
adopt a group of siblings and one of them is 16 or older, the citizen 
would lose the opportunity to adopt any of them under current law.
  This bill is unlikely to cause a significant increase in immigration 
levels overall. During fiscal year 1996, a total of 351 immigrant 
orphans older than age 9 were adopted by U.S. citizens, out of 11,316 
immigrant orphans adopted by U.S. citizens overall that year. Although 
the number of families helped by this bill may be relatively small, the 
chance to keep a group of brothers and sisters together would mean a 
great deal to these families.
  I thank the House leadership for scheduling H.R. 2886 on the 
suspension calendar today. I also appreciate the support and assistance 
of Judiciary Committee Chairman Henry Hyde, Ranking Member John 
Conyers, Immigration and Claims Subcommittee Chairman Lamar Smith,  and 
Subcommittee Ranking Member Sheila Jackson-Lee.
  We have all done the right thing--immigrant families and America will 
gain.
  Mr. POMEROY. Madam Speaker, I rise in strong support of H.R. 2886, 
legislation introduced by my colleague, Representative Horn (R-CA). 
This legislation would promote adoption and improve the lives of 
hundreds of children by allowing immigrant orphan siblings to stay 
together when being adopted by U.S. citizens.
  Under current law, a U.S. citizen may bring an immigrant child they 
have adopted to the United States only if the child is under the age of 
16. If a group of siblings are orphaned in their home country, for 
example, and those children are adopted by U.S. citizens, any siblings 
aged 16 or older cannot come to the United States with their brothers 
and sisters under current law. Mr. Chairman, orphaned siblings should 
not be separated because of an arbitrary age limit. Representative 
Horn's legislation would allow U.S. citizens to adopt immigrant 
children ages 16-17 if the adoption would keep a group of siblings 
together. This legislation would go a long way towards ensuring that 
orphaned siblings join permanent families.
  Madam Speaker, this legislation would produce an important change in 
our nation's immigration policy, but its most significant impact is 
deeply personal. My own mother was orphaned at a young age, and was 
separated from her siblings as a result. Through her experience, and 
later through my own experience as the adoptive father of two beautiful 
Korean children, I have come to appreciate family unity as precious to 
parents and children alike. Although the number of families helped by 
this bill may be relatively small, keeping even one group of siblings 
together will have an immeasurable impact on those children's lives. As 
a cosponsor of H.R. 2886 and an adoptive parent, I urge my colleagues 
to support this legislation.
  Mr. KILDEE. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 2886.
  The question was taken.
  Mr. SMITH of Texas. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________