[Congressional Record Volume 145, Number 143 (Wednesday, October 20, 1999)]
[Senate]
[Page S12932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Abraham, Mr. Leahy, and Mr. 
        Kennedy):
  S. 1753. A bill 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; to the Committee on the Judiciary.


                  keeping immigrant siblings together

  Mr. HATCH. Mr. President, I rise today to introduce a bill 
corresponding to one introduced by Congressman Horn of California and 
passed the House of Representatives this week. The intent of this bill 
is to allow 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 if the child is under the age of 16. 
This bill would allow U.S. citizens to adopt immigrant children ages 
16-17 if the adoption would keep a group of siblings together.
  Mr. President, I agree with Mr. Horn's conclusion that family unity 
is a frequently cited goal of our immigration policy, and this proposal 
would promote that goal. Under current law, if 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 seems clear to me that siblings of these young 
ages ought not to be separated.
  Further, foreign adoption authorities in some cases do not allow the 
separation of siblings. In such cases, 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.
  As Mr. Horn's analysis of the consequences of this bill confirm, this 
bill is unlikely to cause a significant increase in immigration levels 
overall. During fiscal year 1996, a total a 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.
  I thank Congressman Horn for his leadership in this issue. I 
certainly hope that we can act of this measure before we adjourn.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1753

       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.''.
                                 ______