Home > 106th Congressional Public Laws > Pub.L. 106-396 To amend the Immigration and Nationality Act to make improvements to, and permanently authorize, the visa waiver pilot program under section 217 of such Act. <> ...

Pub.L. 106-396 To amend the Immigration and Nationality Act to make improvements to, and permanently authorize, the visa waiver pilot program under section 217 of such Act. <> ...


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[[Page 114 STAT. 1631]]

Public Law 106-395
106th Congress

                                 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. <<NOTE: Oct. 30, 2000 -  [H.R. 
                                2883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child 
Citizenship Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 8 USC 1101 note.>> 

    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).''.

[[Page 114 STAT. 1632]]

    (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.

[[Page 114 STAT. 1633]]

    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 321.

SEC. 104. EFFECTIVE DATE. <<NOTE: Applicability.>> 

    The <<NOTE: 8 USC 1431 note.>>  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) <<NOTE: Applicability. 8 USC 1101 note.>>  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

[[Page 114 STAT. 1634]]

                      (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) <<NOTE: 8 USC 1182 note.>>  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. <<NOTE: Applicability.>>  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

[[Page 114 STAT. 1635]]

                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) <<NOTE: 8 USC 1227 note.>>  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. <<NOTE: Applicability.>>  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

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