More Progress on Adoptee Citizenship Legislation

There may be some more light in the tunnel for international adoptees in the form of U.S. citizenship. Legislation was introduced June 10 by Rep. Adam Smith (D-WA), and co-sponsored by Rep. Trent Franks (R-AZ), on the House side (H.R. 5454), to provide retroactive citizenship for all international adoptees. The bill is companion legislation to S. 2275, introduced on the Senate side by Sen. Amy Klobuchar (D-MN) last fall. Both bills have been referred to their respective Judiciary Committees. Next steps could be hearings in those committees, though nothing has been scheduled yet. These bipartisan bills represent significant progress on citizenship for all international adoptees. The work is not done yet by any means, but having bills on both the Senate and House side is significant.

In a press release, Rep. Smith said “Adopted individuals should not be treated as second class citizens just because they happened to be the wrong age when the Child Citizenship Act of 2000 was passed.” You can read the entire press release here.

Today is the second Adoptee Citizenship Act (ACA) Day of Action, and international adoptees and allies are on Capitol Hill to advocate for passage of the legislation. The first Day of Action was on April 19. The National Korean American Service and Education Consortium is among the leaders of today’s event. Their press release includes this story:

“Kris, an adoptee from Washington who is impacted by the ACA, said: ‘The US is my home and I am an American citizen of the United States, even if a piece of paper says otherwise. I attended college, raised 2 children, and paid my taxes as a citizen. I worked for Fortune 500 companies as a highly successful database engineer and project analyst. Now I am in a precarious state and am concerned about my citizenship and employment status. I was born in Vietnam and was to be brought to the United States with other children through the Operation Babylift during the Vietnam War. My parents who are U.S. citizens were stationed there at Anderson Airforce Base in Guam while volunteering for the Red Cross and adopted me in 1975. Somehow, my adoption paperwork was lost during the naturalization process. My parents thought the process had been completed, as there was no indication of a problem. This loophole needs to be fixed for the thousands of others who are living, like me, without citizenship.'”

It seems amazing that, for decades, international adoptees were not granted automatic citizenship when they were adopted by U.S. citizens and arrived in the U.S. You can learn more here.

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Some folks might forget that international adoptees are immigrants, with all the complexity that immigration involves. I urge all adoptees and their families to make sure they have a Certificate of Citizenship. A passport is a limited means of proving citizenship, can expire, and is issued by the U.S. State Department, The Certificate of Citizenship is issued by the U.S. Department of Homeland Security, and does not expire. State and Homeland Security use separate databases, and so having a passport may not be adequate proof of citizenship for some purposes.

You may never need the CoC. I get that. But the parents of deported adoptees (those convicted of a felony and without citizenship) probably never envisioned their children subject to deportation either. Nor, of course, did the adoptees themselves, including those who have been deported to Germany, Korea, Brazil, and elsewhere, who are sitting in U.S. Immigration and Customs Enforcement detention centers, or who are unable to vote or get financial aid because they have no proof of citizenship. Why risk it?

 

Adoptee Citizenship Act and Adam Crapser: Update

October 25, 2016: Adam Crapser to be deported.

Thousands of international adoptees do not have US citizenship, though the US approved their arrival here as legal members of US families. It’s time to make sure they are truly home in the United States.

Facts:

  • Legally adopted children are the full legal children of their adoptive parents, and entitled to all the rights and responsibilities as any other children.
  • Internationally adopted children were not provided with US citizenship until 2001, and that was only for children under 18 years of age.
  • Not having US citizenship can be problematic at best. It can result in deportation if the non-citizen commits certain crimes, such as domestic violence or aggravated felony, as defined by the Immigration and Nationality Act.
  • All international adoptees, whatever their age, should be granted US citizenship by virtue of having been legally adopted to the US.

There is legislation pending in the US Congress now to provide retroactive citizenship to international adoptees who came to the US before 2001. Most folks agree that international adoptees should all be granted US citizenship. There is much less agreement that an adoptee who committed a crime should be granted citizenship, even if the person has served their time.

But here’s the argument for citizenship: Adoptees are the full legal children of US citizens. They came here with the US government’s paperwork, oversight, and permission. Their adoptive parents were supposed to get citizenship for them. That failure should not condemn the children to legal instability and uncertainty.

S. 2275 is the Adoptee Citizenship Act. Please call your US Senator ask him/her to co-sponsor it. Republican co-sponsors are especially needed, if the bill is to move from the Senate Judiciary Committee. We are hearing that the bill is gaining traction in the Committee, which is great news. It hasn’t yet been introduced in the House of Representatives but you can also call your Representative and ask him/her to support the legislation. You can use this resource as one means to reach legislators. You can find your Congressional representatives here.

Update on Adam Crapser: Along with many others, I’ve written about Adam Crapser, a Korean adoptee who had horrifyingly cruel adoptive parents. Adam was abused throughout his childhood. His parents never got citizenship for him. Adam, now 40 years old, married and the father of three children, committed various crimes and served time for them. When he applied for a green card a few years ago, his lack of citizenship and his criminal record made him subject to deportation. My understanding is that he was recently arrested for domestic violence, and, earlier this month, Adam was placed in detention by the Immigration and Customs Enforcement in Washington state.

Adam’s case has gotten a lot of publicity. It’s compelling, because of the sustained abuse he suffered at the hands of people who were supposed to love and take care of him, and because of the denial of citizenship to someone who should be considered a legal citizen by the United States, to which he was brought at the age of three. Adam’s criminal record made him eligible for deportation, and it has also made many lawmakers reluctant to intercede for him. Adam, like all international adoptees, should be granted US citizenship by virtue of having been legally adopted by US citizens. If you believe in the integrity of adoption, there is no other way to see this.

There are estimated to be thousands of adoptees who need to have the Adoptee Citizenship Act passed.

Many people–adoptees, adoptive parents, policy makers, legislators–have been involved with this long overdue legislation.  Let’s hope more people join in this fight for fairness: US citizenship for all international adoptees.

 

 

 

 

 

 

Does Our US Congress Believe in Adoption?

If they did, the Adoptee Citizenship Act  (S. 2275) would have already passed.

If they believe that adoption is a way that children become part of forever families, there should be no hesitation to support this bill.

If they have ever supported the need for orphans to have families, they should pass this bill.

If they have children and grandchildren they love, they should pass this bill.

Thousands of children were adopted to the US for decades. Some of their American parents failed to get them citizenship. It was not the failure of the adoptees, who came here with the full oversight and the permission of the US government.

The Adoptee Citizenship Act would give retroactive citizenship to all international adoptees brought to the US prior to 2000.

Why is guaranteeing US citizenship for internationally adopted children even an issue?

A small percentage of those adoptees whose parents failed to get them citizenship have gotten into trouble with the law, served their time, and are now subject to deportation, due to an immigration law that should never have included adoptees. Some have been deported. At least one has died after having been deported.

Some in our Congress believe that if an adoptee is convicted of a crime, and serves his time in jail, it is okay to then deport him forever out of the US. That perspective tells us that they do not believe in the integrity and value of adoption.

The bottom line: In failing to support this bill, members of Congress are saying that adoptees–who were promised a forever family, who arrived here legally as the children of American parents–are not really genuine family members, and they thus can be deported. The US government approved the international adoption. The US government should now approve citizenship for all international adoptees.

Many children of our Congressional representatives and other elected officials have gotten into trouble with the law. I hope the children were treated fairly by our justice system and, if found guilty, served their time. I doubt the sons or daughters of our elected officials were then deported away from the only family they have ever known, forever. Adoptees should be treated fairly as well.

There are many adoptive parents and grandparents in our Congress, and many whose staff members have adopted or were adopted themselves. If they are not supporting this bill, they are saying, “It is okay to deport adoptees, because they are not really part of our family.” And that is just not true.

Adoptive parents and adoption agencies should promote this legislation and contact their Congressional representatives. The 161 members of the Congressional Coalition on Adoption Institute–a third of our Congress–tout the value of permanency for children in need of parents, and celebrate Angels in Adoption. Every one of them should be demanding passage of this bill, saying it is long overdue, and it is right and fair for adoptees.

Ask your member of Congress: Do you believe in adoption? Then sponsor and vote for the Adoptee Citizenship Act.

You can find out who your Representatives and Senators are here. You can send a message about the Adoptee Citizenship Act here. Please contact them today.

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