On July 11, the House Judiciary Subcommittee on Immigration and Claims approved, by voice vote, a bill (H.R. 2883) that would aid U.S. families adopting foreign-born children. The subcommittee began consideration of the measure on June 29, but delayed a final vote until this week.
Under current law, U.S. families adopting foreign-born children must apply for citizenship separately. However, anecdotal evidence has demonstrated that some families are unaware of this requirement. Instead, they assume that citizenship is automatic or that the paperwork was filed with the adoption papers.
The Adopted Orphans Citizenship Act, sponsored by Rep. Lamar Smith (R-TX), would grant citizenship to an adopted foreign-born child under the age of 18 retroactive to his/her birth. While no amendments were offered during subcommittee consideration, Democrats expressed concern with the bill, specifically that it would confer citizenship retroactively, which would, they argued, erase the child’s past, and that it made no provision for certain foreign-born children who have not been naturalized and are in the process of being deported or were deported.
Democrats may attempt to offer amendments during committee consideration; however, Rep. Smith indicated he would rule them nongermane to the bill. One such amendment would be the Child Citizenship Act of 2000 (H.R. 3667), sponsored by Rep. Bill Delahunt (D-MA). H.R. 3667 would automatically grant citizenship to a foreign-born child under the age of 18, admitted to the United States as a lawful permanent resident, and in the legal custody of at least one individual who is a U.S. citizen. Citizenship would be conferred upon completion of the adoption. Additionally, H.R. 3667 would allow foreign-born children who are over 18 but under 30 years of age to apply for citizenship if they met the above criteria upon their admittance to the United States.
H.R. 3667 also includes a provision to allow certain foreign-born children who were not naturalized and are either facing deportation or were deported to remain or return to the United States to apply for citizenship.
The companion bill (S. 1486) to H.R. 2883, sponsored by Sen. Don Nickles (R-OK), was passed by the Senate on October 26, 1999. At press time, the House Judiciary Committee had not scheduled a mark-up of H.R. 2883, but committee staff expect the bill to be considered before the August recess.
