A Brief Explanation of Why International Adoptees Get Deported

Yesterday the New York Times published an article that is getting a lot of attention: “Deportation a ‘Death Sentence’ to Adoptees After a Lifetime in the U.S.” 

I made the mistake of reading the comments on the tweet of the article, and wanted to clarify a few questions that repeatedly came up.

Why weren’t they citizens? Why did Obama deport them? Why did Trump deport them?

Until 2001, internationally adopted children were not automatically citizens. It was up to their adoptive parents to naturalize them.

Some parents got their children naturalized; some didn’t. Why not? They didn’t know. Their adoption agencies didn’t tell them. They forgot. They lost track of time. They didn’t want to. They found out late and tried to but the government agencies fouled up with paperwork.

Some adoptees assumed they were citizens automatically by being adopted to the U.S., and then found out as adults that they were not. It is, as I understand it, possible but extremely difficult to get citizenship as adoptees after age 18.

As a result of the 1996 Illegal Immigration Reform and immigrant Responsibility Act (IIRIRA), anyone who is not a U.S. citizen and is convicted of a felony (the definition of felony can vary widely among states) is subject to deportation.

That 1996 law included by default international adoptees, who arrived here in the US legally, as immigrants, as the children of U.S. citizens, whose parents failed to make them U.S. citizens.

Neither President Trump nor President Obama are responsible for the deportation of international adoptees. The 1996 law was signed by President Clinton (who also signed the Child Citizenship Act), and was the product of a GOP Congress.

The Child Citizenship Act of 2000 granted citizenship automatically to children under 18, though the process depends on the visa with which the child traveled. Years in the making, the CCA had a hard time getting approval in what was then an anti-crime, anti-immigrant climate (see the 1996 law). Making the legislation retroactive was a goal, but was a deal breaker for many in the Republican Congress. As someone who was among the many people advocating for the legislation, I remember trying to get the CCA through was not at all easy.

Even in 2000, as today, many legislators did not see adopted children as real family members. Many saw them as immigrants and nothing more. That mindset continues in the current Congress, and across America.

There have been adoptees deported since the 1996 IIRIRA, to Korea, Brazil, Germany, Mexico, Colombia, Japan, El Salvador, India, Thailand, Philippines, Argentina, Guatemala, and Russia. There well may be more that haven’t received press attention. There are probably some adopted adults who thought they were citizens, committed a felony of some sort (could be bad check writing to murder), who served time, and who are in the custody of U.S. Immigration and Customs Enforcement (ICE) now. There are probably thousands of internationally adopted adults who don’t know they are not citizens. Some might get in trouble with the law, get convicted, serve their time, and get deported.

Sending countries, including South Korea which has the highest numbers, are concerned (and rightly so) about the U.S. citizenship status of the children they have sent for adoption.

Legislation has been introduced in Congress for years to provide citizenship retroactively to the legally adopted children of U.S. citizens who were over 18 when the Child Citizenship Act was signed. It has not yet been introduced in the current 115th Congress. My sense is that there has been resistance in Congress because these adoptees have committed crimes (some of which are minor or are first offenses), and because the Members of Congress do not see international adoptees as genuine family members.

I am not aware of any other country which adopts children internationally and then allows them to be deported.

Adoptive parents need to make sure their children, whatever age, are official U.S. citizens, and have not only their passport (via the U.S. State Department) but also (via the U.S. Department of Homeland Security) their Certificate of Citizenship. Since government agencies use different databases and do not necessarily talk to each other, parents also need to check specifically with the Social Security Administration to make sure their child is listed as a citizen there too.

By the way, the cost of a Certificate of Citizenship is currently $1,369.00. That’s the fee charged by our government to get permanent proof of citizenship. Waiting times are several months to over a year.

There is now an office committed to reporting crimes by “undocumented immigrants.” Adult adoptees, brought to the U.S. legally with the permission of the U.S. government by U.S. citizens who failed to get them citizenship for whatever reasons, could be included there. Those cute little kids grow up. Some commit crimes, which nobody sanctions, and which happens in families all the time. They serve their sentences. They are then deported from the land that welcomed them to democracy, safety, and a better life. Some, like Phillip Clay, are deported and commit suicide, Some, like Joao Herbert, grow up in Ohio, sell a small amount of marijuana, are deported as a result of that first offense, and are killed.

A ‘death sentence’ is not too strong a phrase for the reality that the American government refuses to confer citizenship on people (children. orphans) who were brought legally to the U.S. by U.S. citizens to be adopted, who had no control over getting naturalized except through their parents, and are now subject to deportation. Yes, they committed crimes, some incredibly minor, and served their time as a result, like U.S. citizens do all the time.

It is shameful that the American government did not provide American citizenship automatically to orphans (according to U.S. law) who were brought to America, grew up in America with an American family, lost their original language, family, culture, and heritage, and whose parents (intentionally or inadvertently) failed to get them citizenship.

Welcome to the United States, little children.

Phillip Clay’s Funeral: Grieving for Him and For So Many

I never knew Phillip Clay, a Korean adoptee. I had never heard of him until reading about his suicide. I now wonder if his legacy, rooted in sorrow and tragedy, will be to awaken our own U.S. government to the travesty that is the denial of citizenship to all international adoptees.

The Korean television channel MBC (Munhwa Broadcasting Company) aired footage from Phillip’s funeral. If this doesn’t break your heart, I am not sure what would. You will see other Korean adoptees, including Adam Crapser, who speaks eloquently about Phillip’s life and death. The video from the funeral is available here. My heart aches for Phillip and those who loved him. May he rest in peace and in power. 

Phillip Clay’s Funeral

What a price Phillip paid for having been adopted from Korea to the United States, an action that is supposed to be one of joy and a better life. Our American government deported him, because it does not automatically provide citizenship to adoptees who were under 18 as of 2001 (the year the Child Citizenship Act took effect), and whose parents failed to get citizenship for them.

Adam Crapser, one of many adoptees at Phillip Clay’s Funeral Service

Our American government, which approved Phillip’s adoption from Korea, which had all paperwork from the adoption agency Holt International and from his American adoptive parents, still  stands by and lets other adoptees be deported. Understand that those who were deported committed crimes for which they served time in U.S. jails.

 

Then, having been fully and legally adopted by U.S. citizens, they were deported, because they did not have U.S. citizenship, through no fault of their own.

Outrageous on every level. Unethical, irresponsible, and cruel.

I can only imagine that the countries of origin think about this. The U.S. has deported international adoptees not only to Korea, but to Brazil, German, India, Mexico, and many others. What kind of country sends back internationally adopted people to a country where they don’t speak the language, have no family and no connections, and can never return to the U.S.?

Here’s a thought for sending countries (as well as adoption agencies, nonprofits, government officials, and prospective adoptive parents–all those who are concerned about the decline in numbers of internationally adopted children): How about demanding that the U.S. government provide retroactive citizenship to all international adoptees before any other children are brought to the U.S. for adoption?

Many adoptees are angry with Holt, which I have been told had legal guardianship of Phillip. That is an arrangement I have never heard of, though it could well be accurate. In any case, there is increasing anger and action against Holt and other adoption agencies, which could be seen as complicit in the deportation of adoptees. The agencies may or may not have been adamant in insisting that parents get citizenship for their children. Adoptive parents must be held accountable for failing to get citizenship for their adopted children, whether through ignorance, neglect, or willful and cruel refusal.

For years, the U.S. Congress has been sitting on legislation to provide retroactive citizenship for all international adoptees. Will they shake their heads, saying, “Yes, it’s sad, but we can’t do anything,” or will they say that adoptive families are legal and genuine families who deserve the same protections as other families?

Will it take more deaths to provoke action that grants citizenship to all adoptees?

Phillip Clay’s Funeral Service

 

More information about adoptee citizenship issues is available at Adoptee Rights Campaign.

I want to acknowledge Dear Adoption for sharing the video of Phillip’s funeral. I highly recommend Dear Adoption as a site for anyone open to learning about adoption from the perspective of adopted people. Brilliant, powerful essays available there.

 

 

 

International Adoptees (Immigrants): Proving Citizenship for Social Security

Yesterday a 28-year-old international adoptee went to the Social Security Administration (SSA) office to get a replacement Social Security card. The worker there told her that she was not listed as a U.S. citizen according to Social Security. What? She has a passport and a Certificate of Citizenship, and has been a citizen for decades.

The situation was resolved easily with the passport, and the SSA now considers her to be an American citizen. She will get her replacement Social Security card in a couple of weeks.

Still, it was a surprise, that a major U.S. federal agency did not know that someone with a U.S. passport and a Certificate of Citizenship had been a citizen for years.

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Adoptive parents and internationally adopted adults: Unless you show proof, the SSA may not know you’re a citizen. While it might not complicate things like the paperwork for college, financial aid, citizenship verification for jobs, tax matters–it surely could.

A few thoughts:

  •  You don’t have to be a U.S. citizen to get a Social Security number. A Social Security number does not prove or mean citizenship, though you do have to be in the U.S. legally (or born here) to get one. The SSN is primarily for job/salary/ income tax purposes. International adoptees, as children, can get social Security numbers prior to citizenship by showing their adoption records. Information from SSA is available here.
  • The Child Citizenship Act of 2000 made citizenship automatic for international adoptees under 18 who arrived in the U.S on an IR-3 visa; they receive their CoC automatically. Those who arrive on an IR-4 visa receive a “Green Card” and are lawful permanent residents who must complete their adoption in their state, and then will receive the CoC. You can read more about the process from the State Department site here.
  • When an adoptee becomes a citizen, or more precisely, has proof of citizenship, he or she needs to show that proof to the SSA, in order that the SSA lists the adoptee as a citizen for its purposes. The passport or Certificate of Citizenship (CoC) will work, and can brought in or mailed to the SSA office. I’d be nervous about mailing a passport or a CoC, but I recognize that a second trip (after initially applying for the Social Security card) to an SSA office can be time-consuming and difficult for some folks.
  • When the proof of citizenship has been seen by the SSA, the SSA will confirm in its records that the person is indeed a U.S. citizen.
  •  Federal government agencies do not appear to share databases (Department of State and Department of Homeland Security, for example). Federal, state, and local government agencies often use different policies and databases for proving citizenship and verifying identity.

That last point is important. As kids grow up, they need different paperwork for school, college, sports, internships, travel, and jobs. All adoptees should have proof of their citizenship. Adoptees who were over 18 when the Child Citizenship Act (CCA) became law because and so did not qualify for citizenship under the CCA should definitely make sure they have proof, since they are subject to deportation if they are not citizens. The Certificate of Citizenship, issued by the Department of Homeland Security, is considered by many to be the gold standard for proving citizenship. One government agency might accept a drivers’ license, and another might insist on a passport. Another might use the Department of Homeland Security database and only accept the Certificate of Citizenship. Different states have different requirements and databases.

Government paperwork has a lot of permutations: U.S. birth certificates are issued to international adoptees, listing adoptive parents as the ones who gave birth, and are not proof of citizenship; the certificates are legal fictions. Drivers’ licenses from some states will  no longer be accepted for airline travel in years to come: you will need REAL ID. Who knows how citizenship identity requirements will change in the future, for immigrants, for international adoptees–for everyone? I strongly recommend getting your paperwork house in order.

 

The deadline to apply for the Certificate of Citizenship before it doubles in price is December 23, by the way. I’ve written about it here: Internationally Adopted Children in Our Anti-Immigrant Culture. Info about the increase is here.

 

 

 

 

 

Let’s End the Deportation of International Adoptees

I have an article on Slate today: The Heartbreaking Way the U.S. Has Failed Thousands of Children Adopted From Overseas.

I hope you’ll read the Slate article, and then please urge Congress to pass the Adoptee Citizenship Act, S. 2275 in the Senate, and H.R. 5454 in the House of Representatives. It is long overdue.

Children have been arriving in the US for adoption from other countries since the 1940’s. Many folks–adult adoptees, adoptive parents, officials from the sending countries–are stunned to hear that citizenship has been automatic for adoptees only for the last 15 years, and then only for adoptees under 18 years old.

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Because of a 1996 immigration law, adoptees (and others) without U.S. citizenship are subject to deportation if they commit certain crimes, which can range from selling a small amount of marijuana to check forgery to assault and worse. Adam Crapser, adopted from Korea at 3 years old, has been in the news recently because he was deported to Korea about a week ago, at 41 years of age. There have been many others who have been deported (to Brazil, Germany Mexico, Thailand, Japan, and elsewhere) after having grown up in American families and thinking themselves to be Americans. The majority have not committed any crimes. Some are living in the shadows, fearful of what might happen to them.

That has to stop. They all deserve citizenship as the adopted children of U.S. citizens brought legally and transparently to the United States with the permission and oversight of both the sending country and of the U.S. government.

 

 

 

Adam Crapser Has Been Deported to Korea

Adam Crapser, adopted 37 years ago at three years old from South Korea, was deported back to Korea last night. I confirmed this with the Adoptee Rights Campaign and other sources.

This is a tragedy, and flies in the face of what adoption should be: a safe, loving family for a child who genuinely needs one. For international adoptees, it should mean automatic citizenship for every single child who enters the United States to be the son or daughter of U.S. citizens.

Adam Crapser was dealt a tough hand from the start when he was placed with adoptive parents who abused him unspeakably. He committed crimes, he served his time, and he worked to rebuild his life. Not perfect. But he was brought here as a child, as an immigrant, through legal channels, with the oversight and permission of both the Korean and American governments. His adoptive parents did not get him citizenship. And so, having lived in the U.S. for close to 40 years, he has been deported back to a place where he doesn’t speak the language or know the culture, most likely never to return to the United States, where he has a wife and children.

Adam is not the first international adoptee to be deported, and probably not the last. Join me in advocating for the Adoptee Citizenship Act, and contact your U.S. Senator and Representatives today.

We are not giving up. It’s about family, and rights, and integrity.

 

 

Korean Adoptee Adam Crapser To Be Deported

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The Adoptee Rights Campaign reported today that 40-year-old Adam Crapser, adopted from Korea when he was three years old, will be deported.

In a nutshell, this is why:

  • When Adam was adopted, the U.S. government did not provide automatic citizenship to internationally adopted children. Adam’s adoptive parents never got him U.S. citizenship.
  •  A federal immigration law requires that anyone who commits a felony and is not a U.S. citizen is subject to deportation–including adoptees. Adam committed felonies. He served his time for them.

None of us condones the commission of crimes, but It’s an outrage that the United States is deporting international adoptees, brought to the U.S. legally as children by U.S. citizens for the purpose of becoming the sons and daughters of American parents. Two governments–in this case, South Korea and the United States–sanctioned all the paperwork.

And now, having lived almost his entire life here, Adam , the father of three children, will be deported.

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Think of any parent you know who has a child who, as an adult, has gotten into trouble with the law. Imagine that the son or daughter served the sentence for the crime, would then be punished further by being sent thousands of miles away, to a place where they don’t know the language, the people, anything.  And they can never return to the United States. Imagine this is your spouse, your brother, your sister, your friend.

Our U.S. Congress thinks it’s fine to deport adoptees, those brought to the U.S. before 2000 as children, whose governments approved their new families, and who needed their adoptive parents to get them citizenship.

Thousands of adoptees are affected by not having citizenship. Voting can be a crime for them. They might not qualify for student loans or other federal programs. Some adoptees don’t know that they are not citizens until something horrible happens,

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The Adoptee Rights Campaign has been among the hardest workers to get Congress to pass the Adoptee Citizenship Act, which would provide citizenship to all international adoptees. They’ve visited Congressional offices, organized a postcard campaign, and used social media (#CitizenshipForAllAdoptees) to advocate.

They’ve gotten endorsements from dozens of adoption and community-related organizations. They are doing this work in a bitterly anti-immigrant environment, one that questions and punishes even legal immigrants to the United States.

It’s too late for Adam, for Joao Herbert, who was killed in Brazil after being deported for a first time marijuana crime, and for others who came to the U.S. to be part of a forever family.

If you are an adopted person, an adoptive parent, a parent, a citizen, an immigrant–if you believe that adoption has meaning–please support the work of the Adoptee Rights Campaign and others. Insist that Congress pass the Adoptee Citizenship Act.

 

 

 

 

 

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?

 

Internationally Adopted Children In Our Anti-Immigrant Culture

Update: As of December 23, 2016, the cost for a Certificate of Citizenship is $1,070. More information is available here.

 

In the eyes of federal immigration law, internationally adopted babies and children are immigrants. Not beloved sons and daughters. Not forever family.

We are living in a decidedly anti-immigrant culture now, one that is leery of legal and illegal immigrants, that often lumps them together with a snarl, that often is particularly suspicious of those immigrants who are not white. Proof of citizenship is vital.

The U.S. Department of Homeland Security (DHS) just announced potential fee increases in the Certificate of Citizenship (CoC). You can read about it here. Scroll down to “Section IX Proposed Fee Adjustments to IEFA Immigration Benefits.” The fee for the CoC could go from $600 to $1,170, a 95% increase.

The CoC applies to anyone who would like to document their U.S. citizenship status based on U.S. citizen parentage. It pertains especially to those born outside the U.S., and thus internationally adopted children.

Depending on when children arrived in the U.S. and on what kind of visa, they may automatically receive a CoC. Some have to be re-adopted here in the U.S. and then file separately for the CoC.

Adoptees who arrived in the U.S. prior to enactment of the Child Citizenship Act of 2000 did not have any automatic citizenship options: their parents had to apply for citizenship for them. The Child Citizenship Act (CCA) of 2000 applied to adoptees who were under 18 years old as of February 27, 2001, the effective date of the law. Adoptees who were over 18, and had not become U.S. citizens, did not qualify for the automatic citizenship granted by the CCA.

Yes, it’s complicated. Add in immigration laws from the late 90’s that allow for deportation of non-citizens who commit felonies. There have been and will be adoptees deported back to their countries of birth, with no language, family, friends, work, or other connections there.

Some adoptive parents get passports for their kids, and don’t get the CoC. Here’s my non-lawyer take on it.

The passport is issued by the U.S. State Department. It is a proof of citizenship, allows one to travel, and can be used as a form of identification. It expires and must be renewed.

The Certificate of Citizenship is issued by the U.S. Department of Homeland Security. It never expires. It is the most definitive proof of citizenship that the U.S. offers.

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Different federal and state agencies, in my experience, use different databases to confirm citizenship. It may be easier to prove citizenship for Social Security benefits, state ID’s, financial aid, voter registration, health insurance, medical benefits, and passport renewal (especially if the passport expires) with a CoC, than with a passport.

It may be that some federal/state agencies use only the Department of Homeland Security’s database in determining eligibility for certain benefits: hence, the CoC can ease eligibility and confusion, delays, etc. It may be that, in the future, a passport will not be sufficient to proving citizenship for certain state or federal programs.

I am firmly in the camp of having both the passport and the CoC for our internationally adopted children. I get that they may never need the CoC–until they do.

Further, given the current political climate, and what we may move toward in the next decades, why not have definitive, government-recognized, US Department of Homeland security–sanctioned proof of citizenship?

Our U.S. Congress is slowly moving toward granting US citizenship to international adoptees who arrived here before 2000. The adoptees are seen as a class of immigrants, not as the children of U.S. parents, until proven otherwise, despite all the levels of paperwork that international adoption entails.

I think a lot of adoptive parents did not and do not see their kids as immigrants. But that’s what they are for US government status purposes. Certainly many in our U.S. Congress do not see them as genuine family members: otherwise, retroactive citizenship would have been enacted, and adoptees would not have been deported.

Given the political climate currently, ensuring an international adoptee’s solid legal status seems compelling. Getting the Certificate of Citizenship is expensive now at $600. It will be even more so if the increase is enacted.

At the end of the legal day, I urge all adoptive parents to get the Certificate of Citizenship for their children. Average the cost over the lifetime of your child, who will have permanent proof of his or her citizenship. I urge adult adoptees to get the CoC for themselves if their parents did not. It’s no small matter these days. Who would have thought that adoptees, beloved sons and daughters, who committed crimes and served their time in jail would then be deported? But many have been.

And who knows what the future might hold?

 

Update: Here are some insights shared with me from members of the national immigration bar.

From one attorney: “The Department of Homeland Security’s computer systems don’t know that a U.S. passport has been issued. If a foreign-born person doesn’t get a Certificate of Citizenship, the DHS computer will never get updated to show that the person is a U.S. citizen.”

Federal agencies do not necessarily share databases. Actions taken by the State Department might not be on the radar of Homeland Security. As you might guess, information might also not be passed on to state or local agencies. The burden will be on the individual to prove citizenship.

From another: “And frankly, adoptive paperwork could also be forged/fraudulent. And passports are obtained from the Department of State. Therefore, the best way to deal with this issue is to work directly with the Department of Homeland Security. In other words, get the damn Certificate of Citizenship and be done with it!”

And yet another: “The Certificate of Citizenship puts the Department of Homeland Security on notice of the claim of citizenship. They will update their records and hopefully verify the claim to citizenship when the local constabulary inquires.”‬

And of course, we hope the local constabulary has no need to inquire, and that there are no law enforcement interactions. But if there are, far better to be able to quickly and definitively prove citizenship than to expend time, money, and other resources in a stressful legal situation.

You can get U.S. passport information here.

You can get Certificate of Citizenship information here.

 

 

 

 

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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