[Congressional Record Volume 146, Number 111 (Tuesday, September 19, 2000)]
[House]
[Pages H7774-H7778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHILD CITIZENSHIP ACT OF 2000
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2883) to amend the Immigration and Nationality Act to
confer United States citizenship automatically and retroactively on
certain foreign-born children adopted by citizens of the United States,
as amended.
The Clerk read as follows:
H.R. 2883
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Citizenship Act of
2000''.
TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED
STATES
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN
CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) In General.--Section 320 of the Immigration and
Nationality Act (8 U.S.C. 1431) is amended to read as
follows:
``children born outside the united states and residing permanently in
the united states; conditions under which citizenship automatically
acquired
``Sec. 320. (a) A child born outside of the United States
automatically becomes a citizen of the United States when all
of the following conditions have been fulfilled:
``(1) At least one parent of the child is a citizen of the
United States, whether by birth or naturalization.
``(2) The child is under the age of eighteen years.
``(3) The child is residing in the United States in the
legal and physical custody of the citizen parent pursuant to
a lawful admission for permanent residence.
``(b) Subsection (a) shall apply to a child adopted by a
United States citizen parent if the child satisfies the
requirements applicable to adopted children under section
101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act
is amended by striking the item relating to section 320 and
inserting the following:
``Sec. 320. Children born outside the United States and residing
permanently in the United States; conditions under which
citizenship automatically acquired.''.
[[Page H7775]]
SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR
CERTAIN CHILDREN BORN OUTSIDE THE UNITED
STATES.
(a) In General.--Section 322 of the Immigration and
Nationality Act (8 U.S.C. 1433) is amended to read as
follows:
``children born and residing outside the united states; conditions for
acquiring certificate of citizenship
``Sec. 322. (a) A parent who is a citizen of the United
States may apply for naturalization on behalf of a child born
outside of the United States who has not acquired citizenship
automatically under section 320. The Attorney General shall
issue a certificate of citizenship to such parent upon proof,
to the satisfaction of the Attorney General, that the
following conditions have been fulfilled:
``(1) At least one parent is a citizen of the United
States, whether by birth or naturalization.
``(2) The United States citizen parent--
``(A) has been physically present in the United States or
its outlying possessions for a period or periods totaling not
less than five years, at least two of which were after
attaining the age of fourteen years; or
``(B) has a citizen parent who has been physically present
in the United States or its outlying possessions for a period
or periods totaling not less than five years, at least two of
which were after attaining the age of fourteen years.
``(3) The child is under the age of eighteen years.
``(4) The child is residing outside of the United States in
the legal and physical custody of the citizen parent, is
temporarily present in the United States pursuant to a lawful
admission, and is maintaining such lawful status.
``(b) Upon approval of the application (which may be filed
from abroad) and, except as provided in the last sentence of
section 337(a), upon taking and subscribing before an officer
of the Service within the United States to the oath of
allegiance required by this Act of an applicant for
naturalization, the child shall become a citizen of the
United States and shall be furnished by the Attorney General
with a certificate of citizenship.
``(c) Subsections (a) and (b) shall apply to a child
adopted by a United States citizen parent if the child
satisfies the requirements applicable to adopted children
under section 101(b)(1).''.
(b) Clerical Amendment.--The table of sections of such Act
is amended by striking the item relating to section 322 and
inserting the following:
``Sec. 322. Children born and residing outside the United States;
conditions for acquiring certificate of citizenship.''.
SEC. 103. CONFORMING AMENDMENT.
(a) In General.--Section 321 of the Immigration and
Nationality Act (8 U.S.C. 1432) is repealed.
(b) Clerical Amendment.--The table of sections of such Act
is amended by striking the item relating to section 321.
SEC. 104. EFFECTIVE DATE.
The amendments made by this title shall take effect 120
days after the date of the enactment of this Act and shall
apply to individuals who satisfy the requirements of section
320 or 322 of the Immigration and Nationality Act, as in
effect on such effective date.
TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE
BELIEF OF CITIZENSHIP
SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER,
REMOVAL FROM THE UNITED STATES, AND CRIMINAL
PENALTIES.
(a) Protection From Being Considered Not of Good Moral
Character.--
(1) In general.--Section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)) is amended by adding at
the end the following:
``In the case of an alien who makes a false statement or
claim of citizenship, or who registers to vote or votes in a
Federal, State, or local election (including an initiative,
recall, or referendum) in violation of a lawful restriction
of such registration or voting to citizens, if each natural
parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of
16, and the alien reasonably believed at the time of such
statement, claim, or violation that he or she was a citizen,
no finding that the alien is, or was, not of good moral
character may be made based on it.''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall
apply to individuals having an application for a benefit
under the Immigration and Nationality Act pending on or after
September 30, 1996.
(b) Protection From Being Considered Inadmissible.--
(1) Unlawful voting.--Section 212(a)(10)(D) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is
amended to read as follows:
``(D) Unlawful voters.--
``(i) In general.--Any alien who has voted in violation of
any Federal, State, or local constitutional provision,
statute, ordinance, or regulation is inadmissible.
``(ii) Exception.--In the case of an alien who voted in a
Federal, State, or local election (including an initiative,
recall, or referendum) in violation of a lawful restriction
of voting to citizens, if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of
the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien
reasonably believed at the time of such violation that he or
she was a citizen, the alien shall not be considered to be
inadmissible under any provision of this subsection based on
such violation.''.
(2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(ii)) is amended to read as follows:
``(ii) Falsely claiming citizenship.--
``(I) In general.--Any alien who falsely represents, or has
falsely represented, himself or herself to be a citizen of
the United States for any purpose or benefit under this Act
(including section 274A) or any other Federal or State law is
inadmissible.
``(II) Exception.--In the case of an alien making a
representation described in subclause (I), if each natural
parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of
16, and the alien reasonably believed at the time of making
such representation that he or she was a citizen, the alien
shall not be considered to be inadmissible under any
provision of this subsection based on such representation.''.
(3) Effective dates.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of section
347 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-638) and shall apply to voting occurring before, on, or
after September 30, 1996. The amendment made by paragraph (2)
shall be effective as if included in the enactment of section
344 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-637) and shall apply to representations made on or after
September 30, 1996. Such amendments shall apply to
individuals in proceedings under the Immigration and
Nationality Act on or after September 30, 1996.
(c) Protection From Being Considered Deportable.--
(1) Unlawful voting.--Section 237(a)(6) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read
as follows:
``(6) Unlawful voters.--
``(A) In general.--Any alien who has voted in violation of
any Federal, State, or local constitutional provision,
statute, ordinance, or regulation is deportable.
``(B) Exception.--In the case of an alien who voted in a
Federal, State, or local election (including an initiative,
recall, or referendum) in violation of a lawful restriction
of voting to citizens, if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of
the alien) is or was a citizen (whether by birth or
naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien
reasonably believed at the time of such violation that he or
she was a citizen, the alien shall not be considered to be
deportable under any provision of this subsection based on
such violation.''.
(2) Falsely claiming citizenship.--Section 237(a)(3)(D) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D))
is amended to read as follows:
``(D) Falsely claiming citizenship.--
``(i) In general.--Any alien who falsely represents, or has
falsely represented, himself to be a citizen of the United
States for any purpose or benefit under this Act (including
section 274A) or any Federal or State law is deportable.
``(ii) Exception.--In the case of an alien making a
representation described in clause (i), if each natural
parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of
16, and the alien reasonably believed at the time of making
such representation that he or she was a citizen, the alien
shall not be considered to be deportable under any provision
of this subsection based on such representation.''.
(3) Effective dates.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of section
347 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-638) and shall apply to voting occurring before, on, or
after September 30, 1996. The amendment made by paragraph (2)
shall be effective as if included in the enactment of section
344 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-637) and shall apply to representations made on or after
September 30, 1996. Such amendments shall apply to
individuals in proceedings under the Immigration and
[[Page H7776]]
Nationality Act on or after September 30, 1996.
(d) Protection From Criminal Penalties.--
(1) Criminal penalty for voting by aliens in federal
election.--Section 611 of title 18, United States Code, is
amended by adding at the end the following:
``(c) Subsection (a) does not apply to an alien if--
``(1) each natural parent of the alien (or, in the case of
an adopted alien, each adoptive parent of the alien) is or
was a citizen (whether by birth or naturalization);
``(2) the alien permanently resided in the United States
prior to attaining the age of 16; and
``(3) the alien reasonably believed at the time of voting
in violation of such subsection that he or she was a citizen
of the United States.''.
(2) Criminal penalty for false claim to citizenship.--
Section 1015 of title 18, United States Code, is amended by
adding at the end the following:
``Subsection (f) does not apply to an alien if each natural
parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen
(whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of
16, and the alien reasonably believed at the time of making
the false statement or claim that he or she was a citizen of
the United States.''.
(3) Effective dates.--The amendment made by paragraph (1)
shall be effective as if included in the enactment of section
216 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-572). The amendment made by paragraph (2) shall be
effective as if included in the enactment of section 215 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208; 110 Stat. 3009-572). The
amendments made by paragraphs (1) and (2) shall apply to an
alien prosecuted on or after September 30, 1996, except in
the case of an alien whose criminal proceeding (including
judicial review thereof) has been finally concluded before
the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentlewoman from Texas (Ms. Jackson-Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Smith).
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and 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. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. SMITH of Texas asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of Texas. Mr. Speaker, H.R. 2883, the Adopted Orphans
Citizenship Act, is designed to streamline the acquisition of United
States citizenship by foreign children after they are adopted by
American citizens. The bill makes the Federal Government a partner with
parents who, with great compassion, adopt children from overseas.
The original bill was improved by an amendment offered by the
gentleman from Massachusetts (Mr. Delahunt). I want to thank him for
suggesting the changes made in the amendment. He speaks with great
credibility since he and his wife adopted a daughter from Vietnam at
the end of the Vietnam War.
Under current law, when U.S. citizens adopt a child from another
country, the child does not automatically become an American citizen.
The parents have to apply to the Attorney General for a certificate of
citizenship and the child then has to take the oath of allegiance
required of naturalized citizens. This process can take years because
of the naturalization backlog at the Immigration and Naturalization
Service.
There is no reason to make adoptive parents and their new children to
have to go through this laborious process.
After an adoption takes place and the child is brought to the United
States consistent with United States immigration law, the child should
automatically be considered a citizen.
This bill provides that internationally adopted children, and those
children born to U.S. citizens overseas who are not considered citizens
at birth, will become citizens as of the time they come to reside in
the United States.
I should point out that it two U.S. citizens have a child overseas,
the child is not considered a citizen at birth if neither parent has
had a residence in the United States. Also, if a U.S. citizen and an
alien have a child overseas, the child is not considered a citizen at
birth if the citizen parent has not lived in the United States for five
years, at least two of which were after the age of 14. Under current
law, such individuals have to go through a petition process in order to
obtain citizenship.
The adopted children covered in this bill will be considered citizens
automatically when certain conditions have been met.
First, at least one parent has to be a U.S. citizen. Second, the
child must be under 18. Third, the child must be residing in the United
States in the legal and physical custody of the citizen parent.
H.R. 2883's grant of citizenship will also apply to qualifying
children who arrived in the United States prior to its enactment and
have not yet obtained citizenship pursuant to the Immigration and
Nationality Act (as it existed before enactment).
The manager's amendment to the bill addresses the situation of aliens
who have improperly voted in federal, state or local elections, or
represented themselves as citizens for the purpose of registering to
vote or to procure benefits under the Immigration and Nationality Act
or any other federal or state laws. The amendment is intended to
provide a limited class of aliens with exemptions from the penalties in
the Immigration and Nationality Act and title 18 governing illegal
voting and false claims of citizenship.
In some cases, individuals had a reasonable--if mistaken--belief that
they were citizens of the United States. This can occur among foreign-
born children brought to the United States at a young age if their
parents did not realize that the children did not become citizens
automatically. Of course, the enactment of H.R. 2883 and its expansion
of automatic citizenship to more foreign-born children of U.S. citizens
will greatly reduce the number of cases in which such a mistake can be
made.
One such case is that of a Korean orphan adopted at the age of four
months by an American Air Force Master Sergeant and his American wife
while they were stationed overseas. That orphan entered the U.S. with
her adoptive parents when she was two years old and has spent the rest
of her life in this country. it was only after she became an adult that
it became known to her that her parents had never filed the necessary
papers to naturalize her prior to her eighteenth birthday.
Consequently, under current law, she is subject to potential
deportation and even prosecution because she mistakenly voted, thinking
she already was a U.S. citizen. It simply would not be fair to subject
such an individual to penalties under the immigration law for genuinely
innocent acts.
The protections in the managers' amendment (title II of the bill) are
granted to an alien if: (1) each natural or adoptive parent of the
alien is or was a citizen of the United States; (2) the alien
permanently resided in the United States prior to attaining the age of
16; and (3) the alien reasonably believed at the time of voting or
falsely claiming citizenship (to obtain an immigration or other benefit
under federal or state law) that he or she was a citizen of the United
States.
An alien who meets this standard is protected against a finding that
the alien was not of good moral character (among other things, a bar to
naturalization), and is protected against being considered inadmissible
or deportable. In addition, an alien who meets this standard shall not
be subject to prosecution under sections 611 and 1015 of title 18.
All of these amendments are effective as if they were included in the
relevant sections of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
I urge my colleagues to vote for H.R. 2883.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume. I thank the gentleman from Texas for his work. Let me as
well add my support for this legislation and thank the gentleman from
Massachusetts (Mr. Delahunt) for his leadership. This simply clearly
allows an adopted child as we all believe in this country has equal
status with our own birth children, this adopted child that is adopted
by a citizen of the United States will now have the same rights as a
child born overseas to a citizen parent. I believe this legislation
clearly promotes children's interests and puts children first.
Finally, I think it is important to note that we protect those
individuals who vote, who believed because of their status with a
citizenship parent that they had in fact citizenship, did not
intentionally vote incorrectly inasmuch as they may not have had
citizenship. It protects them from criminal prosecution so that the
matter can be remedied and protects the voting privileges of the United
States but also protects those who are well intended.
Again, let me applaud both the chairman and the ranking member of the
[[Page H7777]]
full committee, again the chairman of this committee and as well
indicate that I hope my colleagues will support this legislation, H.R.
2883.
Mr. Speaker, I rise in support of the Child Citizenship Act of 2000,
H.R. 2883. This bill would amend section 320 of the Immigration and
Nationality Act, the ``INA,'' to include adopted children within its
provision for automatic acquisition of citizenship in the case of
certain children born outside of the United States who have a citizen
parent. It also would amend section 320 of the INA to include adopted
children within its provision for citizenship through the
naturalization process for children born outside of the United States
to a citizen parent who cannot under current law qualify for automatic
citizenship.
Including adopted children within the provision for automatic
citizenship would greatly reduce the time and paperwork required for
adoptive parents to procure citizenship for their children. I think it
is very important to do away with unnecessary distinctions between
children by birth and children by adoption, particularly with respect
to such things as paperwork requirements. The United States citizens
who adopt foreign born children have enough paperwork to do in the
adoption process.
The Child Citizenship Act also provides protections for certain
aliens who vote in a United States election on the basis of a
reasonable belief that they are citizens of the United States. It would
protect them from being precluded from a finding of ``good moral
character,'' which is necessary for a number of important benefits
under the INA, such as naturalization. It also would protect them from
being considered inadmissible or deportable for voting in the election,
and from certain criminal sanctions.
Voting in a United States election is one of the most precious rights
of citizenship. I agree that people who vote knowing that they are not
eligible for this privilege should be subjected to removal proceedings
and in some cases to criminal prosecution, but I do not want this to
happen in the case of a person who has a good faith belief that he is a
citizen of the United States and has a right to vote. The law on
automatic citizenship is difficult even for lawyers to understand. I am
not at all surprised that people make mistakes when they interpret
these provisions.
I urge you to support this bill.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Massachusetts (Mr. Delahunt), the moving person of this
legislation and one with a direct and very special interest and thank
him for his leadership.
Mr. DELAHUNT. I thank the gentlewoman from Texas for yielding me this
time.
Mr. Speaker, I am very pleased today to join my good friend from
Texas, the chairman of the Subcommittee on Immigration and Claims, in
support of this amended bill. I want to express my truly profound
gratitude to him for his willingness to address the concerns that were
raised by the administration and others regarding the bill as
originally introduced. The bill before us is a consensus effort. In
this time of cynicism about government and the sometimes strident
debate we hear, this kind of bipartisan effort should remind the
American people that Members with different perspectives who work hard
and act in good faith can accomplish an excellent and bipartisan
result. Again, I thank the gentleman from Texas for his leadership.
I also want to acknowledge the critical involvement of Senator Don
Nickles, the author of the companion bill in the Senate, as well as
Senators Kennedy and Landrieu who worked so closely with us to get this
measure, hopefully, to the President's desk.
Finally, let me express my appreciation to a number of key staff
members without whom we would not be here today. I notice George
Fishman, counsel to the subcommittee, and Peter Levinson of the full
committee staff also played a key role. I would be remiss not to note
the contribution of a Senate staffer, McLane Layton of Senator Nickles'
staff, who has not only been a major force behind this legislation but
is herself the parent of children adopted from Latvia. Her concern and
passion to remedy discrimination against adopted children is truly
remarkable. I would also be remiss not to mention my own legislative
director who has poured his heart and soul into this effort, Mark
Agrast.
Mr. Speaker, today is truly a good day, a day that has been long in
coming for adoptive parents like myself who feel deeply that their
children who were born overseas have been treated differently, as if
they were less American than are children who were born in the United
States. For the law currently provides that our foreign-born sons and
daughters are aliens. They do not have the benefits of citizenship when
they arrive on our shores, come into our homes and fill up our lives
with joy and love. No, we must petition for naturalization on their
behalf, as if we, their parents, were not American citizens. That is
unacceptable to Americans who have adopted and particularly for those
who are considering adoption. That lengthy process of naturalization
requires them to deal with a bureaucracy that is already overburdened
and lacking in resources, for no valid reason. It is insulting to
parents who have already overcome innumerable administrative obstacles
to adopt our children and to bring them home. And more importantly, it
is disrespectful to our children.
This bill would change all that. Under the bill, citizenship would be
conferred automatically on all adopted children once they are in the
United States. Parents will no longer be required to submit an
application to have their children naturalized. Adopted children will
no longer be the subject of discrimination. And parents will no longer
need to worry about whether their children are citizens or not. And, of
course, the INS will be relieved of the need to spend its limited
resources on some 16,000 naturalization cases for the past year alone,
and that number is expected to increase.
Furthermore, this bill would avoid some heartbreaking injustices that
have sometimes tragically occurred. Some parents have discovered to
their horror that their failure to complete the paperwork in time can
result in their forced separation from their children under the summary
deportation provisions Congress enacted back in 1996.
That was the experience of the Gaul family of Florida who adopted
their son John at the age of 4. Though he was born in Thailand, he
speaks no Thai, has no Thai relatives, knows nothing of Thai culture
and has never been back to Thailand, until the U.S. Government deported
him last year as a criminal alien at the age of 25 for property
offenses that he had committed when he was a teenager.
One may ask how this could happen. The Gauls had obtained an American
birth certificate for John shortly after adopting him and did not
realize until he applied for a passport at age 17 that he had never
been naturalized. They immediately filed the papers; but due to INS
delays, his application was not processed before he turned 18. An
immigration judge ruled that the agency had taken too long to process
the application, but that did not make any difference. The 1996 law
allowed him no discretion to halt the deportation. At least that is how
the INS interpreted it.
In another recent incident, Joao Herbert, a 22-year-old Ohioan
adopted as a young boy from Brazil, was ordered deported because as a
teenager he sold several ounces of marijuana to a police informant. It
was his first criminal offense, for which he was sentenced only to
probation and community treatment. But under the law he was an
aggravated felon subject to deportation because he had never been
naturalized. He has now been in detention for a year and a half because
the Brazilians consider his adoption irrevocable and refuse to accept
him. And were they to do so, it is uncertain how he would get by. Like
John Gaul, he knows no one in his native country and no longer
understands his native tongue.
No one condones criminal acts, Mr. Speaker; but the terrible price
these young people and their families have paid is out of proportion to
their misdeeds. Whatever they did, they should be treated like any
other American kid. They are our children, and we are responsible for
them.
Finally, Mr. Speaker, the bill provides relief from deportation to
one particular group of noncitizens who are subject to deportation
under the 1996 law, namely, those who voted or registered to vote in
U.S. elections in the reasonable mistaken belief that they were
citizens at the time. This is a modest but important change that will
correct a glaring injustice in our immigration laws.
The Child Citizenship Act of 2000 enjoys bipartisan and bicameral
support
[[Page H7778]]
and the full support of the administration. Again, I want to thank the
gentleman from Texas (Mr. Smith) and his staff and our colleagues at
INS for their cooperation and hard work in enabling us to reach this
result. I urge all of my colleagues to join in support of this
legislation.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I urge my colleagues to
support this legislation to remedy this important flaw in our
immigration laws.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume. I want to thank the gentleman from Massachusetts (Mr.
Delahunt) for his generous comments.
Mr. GEJDENSON. Mr. Speaker, I am proud to join my good friend from
Massachusetts (Mr. Delahunt) and other members of the Judiciary
Committee in support of H.R. 2883, the Child Citizenship Act of 2000,
as amended. And I want to thank all Members who worked together to find
common ground so that this legislation could move forward in a way that
was acceptable to the Administration as well as the House and the
Senate.
Over the course of the last year and more, the Committee on
International Relations has been working on implementing legislation
for the Hague Convention on Inter-Country Adoption, which this House
took up and passed last night. This brought to my attention once again
the difficult, and what must sometimes seem endless, procedures faced
by U.S. citizens in adopting foreign-born children. We have all had
constituents who have called our offices, desperate for help in solving
last minute difficulties that have arisen in their search to build
their family. After all the exhausting paperwork, extensive travel, and
sometimes heart-wrenching experiences associated with so many
international adoptions, it is unfortunate that U.S. families must
negotiate yet another paper maze to obtain U.S. citizenship for their
children. This additional hurdle is particularly difficult because upon
their return many parents look forward to settling down to the joy of
family life and its new challenges; they are not seeking yet more forms
to fill out and move through the Immigration and Nationalization
Service.
It was for this reason that I was the original co-sponsor of H.R.
3667, introduced by my good friend from Massachusetts, Mr. Delahunt,
which has now been combined with the measure the House is taking up
today. Once these children arrive in the United States, and the
adoption is finalized, these children should be U.S. citizens, without
going through a further naturalization process. And that is what H.R.
2883 does.
But we should remember that this is not just to avoid paperwork or
ease mental discomfort. H.R. 2883 will end the occasional instance of
injustice perpetrated by our immigration system. As mentioned by
colleagues, there are tragic cases where children of U.S. parents,
never naturalized because of inadvertence, are facing deportation
because of a crime they have committed. While these children must face
their punishment, to deport them to countries with which they have no
contact, no ability to speak the language, and no family known to them
is needlessly cruel. We must be sure that this never happens again.
I once again commend the sponsors of this legislation on both sides
of the aisle and hope for its expedited consideration in the Senate.
Ms. SCHAKOWSKY. Mr. Speaker, I am pleased that my colleagues have
passed H.R. 2883, the Adopted Orphans Citizenship Act, and I wish to
add my strong support for this long overdue legislation. H.R. 2883
would restore fairness to our immigration law by removing the
burdensome requirement that U.S. citizen parents apply for
naturalization for their foreign-born adopted children.
What our current immigration policy says to parents is that adopted
foreign-born children are not equal to their biological siblings and
are not worthy of automatic U.S. citizenship. Requiring foreign-born
adopted children to apply for naturalization is insulting and it's
wrong. with the passage of H.R. 2883, we are sending a clear message to
American parents that, should they choose to adopt a child from another
country, U.S. citizenship will be awaiting that child once he or she
sets foot on U.S. soil. As the aunt of Korean-born Jamie and Natalie, I
strongly identify with this issue.
The birthright of all children of U.S. citizen parents, whether they
are biological or adopted should be automatic U.S. citizenship. This
bill will simplify the already complicated and complex process parents
undertake when they embark on an international adoption and I applaud
its passage.
Mr. SMITH of Texas. Mr. 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. 2883, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Immigration and Nationality Act to modify the provisions governing
acquisition of citizenship by children born outside of the United
States, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________