Adoptee Citizenship Issues: Navigating the Complexities
The journey of adoption can be fraught with emotional challenges, yet some complexities extend beyond family dynamics to affect a fundamental element of identity: citizenship. This article examines the struggles faced by adoptees in the United States regarding citizenship and the ongoing legislative efforts aiming to resolve these issues.
Personal Journeys of Identity and Citizenship
For many individuals adopted from other countries, the question of citizenship often remains obscured until significant life events—such as applying for a passport—uncover startling truths. A case in point is A, an adoptee who spent decades unaware that her citizenship status was anything but secure. Raised by white parents in the United States, A felt a sense of belonging yet harbored an underlying awareness of her differences.
It wasn’t until A applied for a passport that she discovered a troubling reality: the delayed registration of birth that had served as her identification was insufficient. The documentation needed to prove her citizenship, she learned, did not exist, leaving her vulnerable to deportation. “I just sensed there was something wrong and it seemed frightening,” A said, highlighting her fear of being returned to South Korea, a country she had never known.
The Legal Landscape for Adoptees
The legislative framework surrounding adoption and citizenship has seen minimal updates since the Child Citizenship Act of 2000. This act granted automatic citizenship to certain international adoptees, but there were significant stipulations; the law did not cover individuals adopted before February 1983 or those brought into the U.S. on improper visas. Consequently, many adoptees find themselves in a legal limbo that can jeopardize their lives and futures.
Advocates for adoptee rights have long urged Congress to reevaluate these restrictions and eliminate outdated age cutoffs. Yet, efforts to amend existing laws have stalled, often caught up in broader immigration reform discussions.
A New Era of Fear
The political climate has further exacerbated the fears faced by adoptees like A. With the advent of stringent immigration policies and a more aggressive deportation strategy, many are left wondering whether they may be the next target. “I definitely didn’t think it was possible for any adoptee to be in my state of limbo. I know now that it’s not only possible but common,” A stated, illustrating the widespread uncertainty in the community.
Barriers to Citizenship
Understanding why so many adoptees lack citizenship requires examining several intertwined factors:
- Inadequate knowledge among adoptive parents about the naturalization process.
- Instances of fraudulent adoptions or malpractice by agencies, particularly in South Korea.
- Discrepancies between federal and state regulations regarding adoption and citizenship.
Arissa Oh, a historian specializing in international adoptions, pointed out that adoptive parents may either overlook or misunderstand the separate processes necessary for securing citizenship beyond adoption.
The Personal Toll and Broader Implications
For many adoptees lacking citizenship, the implications extend far beyond immediate legal concerns. They often find themselves disenfranchised from accessing education, federal benefits, and other rights typically afforded to U.S. citizens. A poignant example is Joy Alessi, a Korean adoptee who spent decades navigating life as a noncitizen. “As children, we didn’t broker our own adoptions, nor did we bring ourselves across the border without the proper documentation,” she remarked, emphasizing the unfairness of placing the blame on adoptees for their circumstances.
Adoptees face real consequences from this legal limbo. A recent report highlighted former adoptees who, upon being criminally convicted, were sent back to their countries of origin, often with little support to help them adjust to an unfamiliar environment, which can lead to homelessness and mental health crises.
Challenges Toward Reform
Despite the urgency of the situation, legislative change remains a slow process, often hindered by ties to the contentious immigration debate. Advocates continue to lobby for reforms to ease citizenship acquisition for adoptees and highlight the need for increased accessibility to adoption records, as many are crucial for legal processes. “It’s incredibly frustrating if not insane and ultimately dangerous for intercountry adopted people like A when they cannot get basic documents to prove they are lawfully in the United States,” commented Gregory Luce, an attorney specializing in adoptee rights.
A Path Forward
In 2022, A took a step towards securing her citizenship by marrying a U.S. citizen, highlighting a potential route to rectify her status. However, she remains confronted with barriers, as she cannot apply for a green card without her adoption documentation.
As the landscape of adoption and immigration continues to evolve, the need for legislative clarity and protection for adoptees remains vital. The ongoing discussions about citizenship not only reflect the intricate legalities involved but also pose fundamental questions regarding human rights and identity for families brought together through adoption.
