Korean Adoptees, Scholars, Activists Call For End to International Adoption

A large and impressive group of scholars, activists, adopted persons, and adoption practitioners has sent a Declaration Calling For An Immediate End to the Industrial International Adoption System from South Korea. (My thanks to @Koreanadoptee76 for the link; see swedishkoreanadopteesnetwork.wordpress.com.) Directed to the government of South Korea’s president Moon Jae-in, the declaration calls on the government  to do the following:

  • Terminate international adoptions from South Korea
  • Improve support for unwed mothers and for their children
  • Implement comprehensive post-adoption services
  • Audit adoption agencies
  • Address citizenship failures
  • Provide adequate services to deported adoptees

The signatories are many. This is an impressive, important document, not just in terms of South Korea, but for international adoption globally.

Korean adoptees are the largest and oldest group of international adoptees. They number in the hundreds of thousands, and range in age into their 60’s. Their decades of experiences provide solid information about the impact of adoption: some good, some bad, all over the spectrum. Many in the adoption community look to them as historians of an important past and as bellwethers of the future of adoption.

Having this group of academics, activists, adult adoptees, and many adoptee organizations call for an end to international adoption from Korea is extraordinarily significant. The call, which I’d argue has been simmering a long time, is partly in response to the tragedy of Korean adoptee Phillip Clay’s deportation and suicide, partly to the deportation of other adoptees from the U.S., partly to the need for better post-adoption services, and partly to demands that more resources be provided to single mothers in Korea, an economically vibrant country.

Another significant point is that these adult adoptees are also calling for better preservation and management of adoptees’ records. So many adoptees have returned to Korea (and other countries) to search for their adoption records, hoping to find their birth families, only to be told the records do not exist or were destroyed in a flood or a fire. Others have found their records only after multiple requests and incredible perseverance, often at high emotional and financial cost.

The maintenance of records by orphanages, adoption agencies, and countries of origins is vital. The records allow adopted persons to know their truths, to know their identities, to know who they are–all basic human rights. This is not a matter of paperwork–for some, it is restoration, salvation, freedom.

The deportation of international adoptees from the United States is one of the most shameful practices of our country. I can only imagine how the sending countries (Korea, Brazil, India, Germany, Mexico, and many more) feel about the fact they sent their children here and we in the United States did not grant them automatic citizenship until 2000, and still have not made citizenship retroactive for those whose parents failed to naturalize them. Talk about broken trust.

Adoptees are not the only ones publicly calling for an end to international adoption. Take a look at this powerful post by the adoptive mom of two now young adults from Korea: Off the Fence, at Third Mom blog.

I am still on the fence. Adoption can change the lives for the better for children, not just in terms of economics. I believe it should be an option. That said, I deeply respect the views and the writers of this Declaration. The traditional narrative of rescue and saviorism must end, along with the fraud and corruption–and it may not be possible to ever end fraud and corruption. Orphan prevention and family preservation have to be paramount. We adoptive parents should be speaking out strongly for both of these, as well as for citizenship for all international adoptees and for post-adoption services for adoptees and for first/birth families.

Please share the Declaration.

 

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.

 

 

 

Phillip Clay, Deported Korean Adoptee, Reported to Have Died By Suicide

I have seen this tragic news on several Korean adoption-related sites, including ASK Korea and Global Overseas Adoptee Link in Korea, which issued this press release on Facebook:

“PRESS RELEASE BY GLOBAL OVERSEAS ADOPTEES’ LINK 2017 MAY 23RD

Phillip Clay, a Korean American adoptee, who was deported back to Korea in 2012, was found dead on Sunday (21st) around 11:40 PM outside of an apartment building in Ilsan downtown about 35 minutes away (by bus) from his place. CCTV shows that he was alone in the elevator when he went up to the 14th floor from where he jumped.
His American adoptive parents as well as the US embassy have been notified.
All research shows that adoptees are overrepresented in statistics on mental health issues and suicide.

The funeral is hosted at Myungji hospital by Holt Adoption Services, the adoption agency that facilitated his adoption. Representatives from Korea Adoption Services (중앙입양원) and the Ministry of Health and Welfare 보건복지부 as well as several representatives of overseas adoptees from NGOs working with adoptees paid their respects.

“Philip was not well known in the community of overseas adoptees living in Korea and did not have a lot of friends here but his suicide affects us all deeply as we all came from the same circumstances and it could be anyone of us who chose to take our own life. Choosing to take your own life because you do not see any other way out to ease your pain and to die alone like this MUST affect anyone who hear about it,” said AK Salling, Secretary General for Global Overseas Adoptees’ Link (G.O.A’.L), an NGO run by adoptees in Seoul. “Sadly, adoptees didn’t get a chance to be involved in the funeral arrangements but we do urge adoptees to attend the funeral to pay their respects. The coffin will be carried by adoptees so at least in his death he will be surrounded by people who understood him, his own kind.”

He had a difficult life but this is not an isolated incident and must not been treated like an isolated case. Hopefully his tragic death will bring about some positive change in the outlook on adoption, post adoption services and the impact deportation has on an individual.

Adam Crasper, another deported adoptee, who arrived in Korea last year, also paid his respects today: “I am grateful to be part of a small group of adoptees and likeminded souls contributing to the betterment and welfare of the Korean adoptee community. I am because we are.”

(명지병원 3호선 화정역 line 3 Hwajang station area)
Although Philip was not a practicing Christian, Wednesday May 23rd at 1:00PM there will be a Christian ceremony at the hospital.

Any adoptees who wish to attend can gather at the G.O.A’.L office 10.30am and go to the hospital together. After the ceremony, at 5pm, G.O.A’.L will have a small wake at the office in Digital Media City, Seoul, Mapo-gu, Worldcup-bukro 44gil 37, 5th floor.”

 

I do not know what demons Philip Clay may have struggled with. The American Academy of Pediatrics did a study finding that adoptees are four more times like to attempt suicide than non-adoptees. Many people have written about the connection of adoption, trauma and suicide.

Neither do I know why Phillip Clay was deported. It is likely that he committed a felony (and served his time), did not have U.S. citizenship, and thus was deportable under immigration law. He did not have citizenship perhaps because his adoptive parents failed to get it for him. I understand he was in his early 40’s, so likely arrived here in the 1970’s, well before 2000, when citizenship became automatic for adoptees 18 and younger (though there is still significant paperwork involved). I have written many times about the need to provide all international adoptees with citizenship, to keep them from being deported. Korean adoptee Adam Crapser was the one most recently in the news, but there have been dozens deported from many countries. There are estimates of thousands of adoptees without citizenship. An adoptee from Guatemala recently learned she was not a U.S. citizen when she applied for a driver’s permit. All adopted persons need to have their Certificate of Citizenship.

The United States has failed far too many internationally adopted children (who grow up!) by not automatically providing citizenship to them. Legislation has been pending in our U.S. Congress for quite a while to confer citizenship on adoptees who arrived in the United States prior to the Child Citizenship Act. The Adoptee Rights Campaign and many others have been working for years to get legislation passed.

It is a matter of fairness: when internationally adopted children join their new families, they deserve all the rights and responsibilities of legal family members, as sons, daughters, sister, brothers.

May Phillip Clay rest in peace.

 

The National Suicide Prevention Lifeline is 1-800-273-8255.

On the Radio: Adoptees as Immigrants, via “Maeve in America”

Maeve Higgins is an Irish TV star and comedian, currently living in New York City. Among her creative projects is a series of podcasts about “funny, beautiful, and sometimes maddening immigration stories, told by the people who’ve lived them.” I recently had the pleasure of being the “context queen” on the Maeve in America episode, “The Amy Show: Seoul Searching.”

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Amy Mihyang Ginther is the focus of the show. She is a Korean adoptee, brought to the US at 3 months old. She has reunited with her birth family and has lived in Korea; you may remember reading her story in the New York Times: “Why A Generation of Adoptees Is Returning to Korea.” Amy and her mother were featured on the cover photograph.

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Amy is now an assistant professor in the Theater Arts Department at the University of California, Santa Cruz. On the Maeve in America show, she shares stories about growing up as a transracial adoptee, returning to Korea, and working with students and others to develop effective voices, in performance and in advocacy.

Maeve invited me to be on the show because of my recent Slate article about Adam Crapser, the Korean adoptee deported from the United States a few weeks ago. We also talked about my being a transracial adoptive parent. Other voices on the show include the comedian (and Korean adoptee) Joel Kim Booster, and Maeve’s Jamaican-born foster-sister Aggie, who talks about her experiences in a loving Irish family, and the realities of hair and makeup as the only person of color.

My thanks to Maeve for including me, and especially for bringing light to the issue of adoptees as immigrants. Please go listen, and enjoy the show!

You can follow Maeve on Twitter: @maeveinamerica.

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.