This law amended
the Immigration and Nationality Act to make citizenship automatic
for many children adopted by (as well as born to) U.S. citizens
outside the United States. Such children, who are not granted citizenship
by birth, enter the United States as lawful permanent residents.
The Act also extended protections related to deportation, to findings
of “bad moral character,” and to criminal penalties
associated with voting illegally and making false claims of citizenship.
The law became effective on February 27, 2001. Children who met
the requirements on that date, including thousands of foreign-born
adoptees already in the United States, became automatic citizens,
greatly streamlining one aspect of international
adoptions.
TITLE I—CITIZENSHIP FOR CERTAIN
CHILDREN BORN OUTSIDE THE UNITED STATES
SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN
CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) In General.—Section 320 of the Immigration and Nationality
Act (8 U.S.C. 1431) is amended to read as follows:
“children born outside the United States and residing permanently
in the United States; conditions under which citizenship automatically
acquired
“Sec. 320. (a) A child born outside of the United States
automatically becomes a citizen of the United States when all of
the following conditions have been fulfilled:
“(1) At least one parent of the child is a citizen of the
United States, whether by birth or naturalization.
“(2) The child is under the age of eighteen years.
“(3) The child is residing in the United States in the legal
and physical custody of the citizen parent pursuant to a lawful
admission for permanent residence. . . .
TITLE II—PROTECTIONS FOR CERTAIN ALIENS VOTING BASED
ON REASONABLE BELIEF OF CITIZENSHIP
SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER,
REMOVAL FROM THE UNITED STATES, AND CRIMINAL PENALTIES.
(a) Protection From Being Considered Not of Good Moral Character.—
(1) In general.—Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f )) is amended by adding at the end the following:
“In the case of an alien who makes a false statement or claim
of citizenship, or who registers to vote or votes in a Federal,
State, or local election (including an initiative, recall, or referendum)
in violation of a lawful restriction of such registration or voting
to citizens, if each natural parent of the alien (or, in the case
of an adopted alien, each adoptive parent of the alien) is or was
a citizen (whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of 16, and
the alien reasonably believed at the time of such statement, claim,
or violation that he or she was a citizen, no finding that the alien
is, or was, not of good moral character may be made based on it.” . . . .
“(D) Unlawful voters.—
“(I) In general.—Any alien who has voted in violation
of any Federal, State, or local constitutional provision, statute,
ordinance, or regulation is inadmissible.
“(ii) Exception.—In the case of an alien who voted
in a Federal, State, or local election (including an initiative,
recall, or referendum) in violation of a lawful restriction of voting
to citizens, if each natural parent of the alien (or, in the case
of an adopted alien, each adoptive parent of the alien) is or was
a citizen (whether by birth or naturalization), the alien permanently
resided in the United States prior to attaining the age of 16, and
the alien reasonably believed at the time of such violation that
he or she was a citizen, the alien shall not be considered to be
inadmissible under any provision of this subsection based on such
violation.” . . . .
(C) Protection From Being Considered Deportable.—
(1) Unlawful voting.—Section 237(a)(6) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as
follows:
“(6) Unlawful voters.—
“(A) In general.—Any alien who has voted in violation
of any Federal, State, or local constitutional provision, statute,
ordinance, or regulation is deportable.
(B) Exception.—In the case of an alien who voted in a Federal,
State, or local election (including an initiative, recall, or referendum)
in violation of a lawful restriction of voting to citizens, if each
natural parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen (whether
by birth or naturalization), the alien permanently resided in the
United States prior to attaining the age of 16, and the alien reasonably
believed at the time of such violation that he or she was a citizen,
the alien shall not be considered to be deportable under any provision
of this subsection based on such violation.”
(2) Falsely claiming citizenship.—Section 237(a)(3)(D) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is
amended to read as follows:
“(D) Falsely claiming citizenship.
“(I) In general.—Any alien who falsely represents,
or has falsely represented, himself to be a citizen of the United
States for any purpose or benefit under this Act (including section
274A) or any Federal or State law is deportable.
“(ii) Exception.—In the case of an alien making a representation
described in clause (I), if each natural parent of the alien (or,
in the case of an adopted alien, each adoptive parent of the alien)
is or was a citizen (whether by birth or naturalization), the alien
permanently resided in the United States prior to attaining the
age of 16, and the alien reasonably believed at the time of making
such representation that he or she was a citizen, the alien shall
not be considered to be deportable under any provision of this subsection
based on such representation.” |