Home > 106th Congressional Bills > H.R. 2883 (ih) To amend the Immigration and Nationality Act to confer United States citizenship automatically and retroactively on certain foreign-born children adopted by citizens of the United States. [Introduced in House] ...

H.R. 2883 (ih) To amend the Immigration and Nationality Act to confer United States citizenship automatically and retroactively on certain foreign-born children adopted by citizens of the United States. [Introduced in House] ...


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        H.R.2883

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To amend the Immigration and Nationality Act to modify the provisions 
  governing acquisition of citizenship by children born outside of the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Citizenship Act of 2000''.

   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.
    ``(b) Subsection (a) shall apply to a child adopted by a United 
States citizen parent if the child satisfies the requirements 
applicable to adopted children under section 101(b)(1).''.
    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 320 and inserting the 
following:
``Sec. 320. Children born outside the United States and residing 
          permanently in the United States; conditions under which 
          citizenship automatically acquired.''.

SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN 
              CHILDREN BORN OUTSIDE THE UNITED STATES.

    (a) In General.--Section 322 of the Immigration and Nationality Act 
(8 U.S.C. 1433) is amended to read as follows:

``children born and residing outside the united states; conditions for 
                  acquiring certificate of citizenship

    ``Sec. 322. (a) A parent who is a citizen of the United States may 
apply for naturalization on behalf of a child born outside of the 
United States who has not acquired citizenship automatically under 
section 320. The Attorney General shall issue a certificate of 
citizenship to such parent upon proof, to the satisfaction of the 
Attorney General, that the following conditions have been fulfilled:
        ``(1) At least one parent is a citizen of the United States, 
    whether by birth or naturalization.
        ``(2) The United States citizen parent--
            ``(A) has been physically present in the United States or 
        its outlying possessions for a period or periods totaling not 
        less than five years, at least two of which were after 
        attaining the age of fourteen years; or
            ``(B) has a citizen parent who has been physically present 
        in the United States or its outlying possessions for a period 
        or periods totaling not less than five years, at least two of 
        which were after attaining the age of fourteen years.
        ``(3) The child is under the age of eighteen years.
        ``(4) The child is residing outside of the United States in the 
    legal and physical custody of the citizen parent, is temporarily 
    present in the United States pursuant to a lawful admission, and is 
    maintaining such lawful status.
    ``(b) Upon approval of the application (which may be filed from 
abroad) and, except as provided in the last sentence of section 337(a), 
upon taking and subscribing before an officer of the Service within the 
United States to the oath of allegiance required by this Act of an 
applicant for naturalization, the child shall become a citizen of the 
United States and shall be furnished by the Attorney General with a 
certificate of citizenship.
    ``(c) Subsections (a) and (b) shall apply to a child adopted by a 
United States citizen parent if the child satisfies the requirements 
applicable to adopted children under section 101(b)(1).''.
    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 322 and inserting the 
following:
``Sec. 322. Children born and residing outside the United States; 
          conditions for acquiring certificate of citizenship.''.

SEC. 103. CONFORMING AMENDMENT.

    (a) In General.--Section 321 of the Immigration and Nationality Act 
(8 U.S.C. 1432) is repealed.
    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 321.

SEC. 104. EFFECTIVE DATE.

    The amendments made by this title shall take effect 120 days after 
the date of the enactment of this Act and shall apply to individuals 
who satisfy the requirements of section 320 or 322 of the Immigration 
and Nationality Act, as in effect on such effective date.

  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.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    be effective as if included in the enactment of the Illegal 
    Immigration Reform and Immigrant Responsibility Act of 1996 (Public 
    Law 104-208; 110 Stat. 3009-546) and shall apply to individuals 
    having an application for a benefit under the Immigration and 
    Nationality Act pending on or after September 30, 1996.
    (b) Protection From Being Considered Inadmissible.--
        (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration 
    and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as 
    follows:
            ``(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.''.
        (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of 
    the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
    amended to read as follows:
                ``(ii) Falsely claiming citizenship.--

                    ``(I) In general.--Any alien who falsely 
                represents, or has falsely represented, himself or 
                herself to be a citizen of the United States for any 
                purpose or benefit under this Act (including section 
                274A) or any other Federal or State law is 
                inadmissible.
                    ``(II) Exception.--In the case of an alien making a 
                representation described in subclause (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 inadmissible under any provision of 
                this subsection based on such representation.''.

        (3) Effective dates.--The amendment made by paragraph (1) shall 
    be effective as if included in the enactment of section 347 of the 
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
    (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting 
    occurring before, on, or after September 30, 1996. The amendment 
    made by paragraph (2) shall be effective as if included in the 
    enactment of section 344 of the Illegal Immigration Reform and 
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
    3009-637) and shall apply to representations made on or after 
    September 30, 1996. Such amendments shall apply to individuals in 
    proceedings under the Immigration and Nationality Act on or after 
    September 30, 1996.
    (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.''.
        (3) Effective dates.--The amendment made by paragraph (1) shall 
    be effective as if included in the enactment of section 347 of the 
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
    (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting 
    occurring before, on, or after September 30, 1996. The amendment 
    made by paragraph (2) shall be effective as if included in the 
    enactment of section 344 of the Illegal Immigration Reform and 
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
    3009-637) and shall apply to representations made on or after 
    September 30, 1996. Such amendments shall apply to individuals in 
    proceedings under the Immigration and Nationality Act on or after 
    September 30, 1996.
    (d) Protection From Criminal Penalties.--
        (1) Criminal penalty for voting by aliens in federal 
    election.--Section 611 of title 18, United States Code, is amended 
    by adding at the end the following:
    ``(c) Subsection (a) does not apply to an alien if--
        ``(1) 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);
        ``(2) the alien permanently resided in the United States prior 
    to attaining the age of 16; and
        ``(3) the alien reasonably believed at the time of voting in 
    violation of such subsection that he or she was a citizen of the 
    United States.''.
        (2) Criminal penalty for false claim to citizenship.--Section 
    1015 of title 18, United States Code, is amended by adding at the 
    end the following:
``Subsection (f) does not apply to an alien 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 
the false statement or claim that he or she was a citizen of the United 
States.''.
        (3) Effective dates.--The amendment made by paragraph (1) shall 
    be effective as if included in the enactment of section 216 of the 
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
    (Public Law 104-208; 110 Stat. 3009-572). The amendment made by 
    paragraph (2) shall be effective as if included in the enactment of 
    section 215 of the Illegal Immigration Reform and Immigrant 
    Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
    572). The amendments made by paragraphs (1) and (2) shall apply to 
    an alien prosecuted on or after September 30, 1996, except in the 
    case of an alien whose criminal proceeding (including judicial 
    review thereof) has been finally concluded before the date of the 
    enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Pages: 1

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