News February 6, 2022

Adoptee Citizenship Act 2021 amended into another bill; passes House

by Marley Greiner

The Adoptee Citizenship Act of 2021 moved one rung up the ladder to passage on Friday, February 4, when the US House passed it–as an amendment to the massive ($350 billion) COMPETES Act--a bill that has nothing to do with adoption, immigration, or citizenship. While there is room for applause and hope, there is much more to do.

This is the full amendment, which reads differently from the ACA 2021 language but has essentially the same impact:

EC. 80306. CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Section 104 of the Child Citizenship Act of 2000 (8 U.S. C. 1431 note) is amended to read as follows:

‘‘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—

‘‘(1) to individuals who satisfy the requirements of section 320 of the Immigration and Nationality Act (8 U.S.C. 1431), before, on, or after the date of the enactment of this Act; and

‘(2) to individuals who satisfy the requirements of section 322 (8 U.S.C. 1433) of the Immigration and Nationality Act, as in effect on such effective date.’’.

(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this section

(2) LIMITATION.—An individual who, before the date of the enactment of the Child Citizenship Act of 2000 (Public Law 106-395), satisfied the requirements of section 320(a) of the Immigration and Nationality Act (8 U.S.C. 1431(a)), or section 320(b) of such Act, if applicable, is deemed to be a citizen of the United States as of the date of the enactment of this section if such individual is not a citizen of the United States under any other Act.

Amending  Citizenship into COMPETES is a complicated procedure. Gregory Luce, founder and director of The Adoptee Rights Law Center, who also represents international adopted people facing deportation,  has published a FAQ that explains in lay terms, what it all means, what the “act” includes (and doesn’t)  and what we can expect next.

Amending the ACA into COMPETES is a complicated procedure and will hopefully speed passage.  It was also a partisan move, which is troubling. The original COMPETES Act, without ACA, already passed the Senate but will need to return there for further work.

Gregory Luce, founder and director of The Adoptee Rights Law Center, who also represents international adopted people facing deportation, has published a FAQ that explains in lay terms, what it all means, what and whom the “act” includes (and doesn’t and why)  and what we can expect next.

Bastard Nation has supported ACA in its various forms for years and continues to work for passage. You can find more information about adoptee citizenship legislation and deportation on our Citizenship page.  This page includes links to international adoptee organizations and others also working for passage. Follow our Legislative Page for updates on state and federal legislation.

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