LEGISLATION

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The Issue

From the emergence of intercounty adoption in the 1950s until enactment of the Child Citizenship Act of 2001 (CCA), the naturalization of intercountry adoptees was at the discretion of their American parents. Consequently, many adoptive parents did not pursue citizenship for their children. Historically, adoptees have had little reason to question their status yet, increased security measures over the last two decades have drawn many adoptees into an immigration crisis. For instance, the federalization of driver’s licenses and employment verification now pose serious obstacles for adoptees whose adoptions occurred decades ago. Attempts to solve these gaps in policy have been unsuccessful.

The Child Citizenship Act

In 2000, Congress passed the Intercountry Adoption Act, a first step in establishing cohesive standards for international adoption. Soon after, the Child Citizenship Act (CCA) of 2001 automated the naturalization process for certain prospective adoptees and retroactively granted citizenship to tens of thousands of adopted children who were not naturalized when the law went into effect. Streamlining naturalization was a significant improvement to intercountry adoption processes however, the CCA created new problems. The Act failed to address unnaturalized adoptees who were eighteen or older, leaving them disenfranchised, in legal limbo, and vulnerable to statelessness. The CCA also created race-based citizenship policies by excluding children from certain nations from obtaining citizenship automatically.

The Adoptee Citizenship Act

The Adoptee Citizenship Act was first introduced in the 114th Congress by Senators Amy Klobuchar and Dan Coats, and Congressmen Adam Smith and Trent Franks. The bill passed in the House of Representatives during the 117th Congress as an amendment to the COMPETES Act but failed in the U.S. Senate. If passed, the bill would close the CCA loophole that excludes adoptees who are now adults without citizenship. Over the years, the Adoptee Citizenship Act has also recieved widespread support from local and state legislatures.