The United States has facilitated the adoption of hundreds of thousands of children from around the world into American families. However, this process has inadvertently left thousands of these adoptees without U.S. citizenship due to a long-standing bureaucratic loophole that remains unaddressed.
Many of these undocumented adoptees are living in fear, concerned that any engagement with government authorities could lead to their deportation back to their countries of origin. Some have already faced deportation.
For the past decade, a bill aimed at rectifying this situation has been presented in Congress, garnering support from a rare bipartisan coalition that ranges from progressive immigration advocates to major religious organizations. Despite this support, the bill has failed to pass, largely due to the extreme polarization surrounding immigration issues.
Concerns are heightened among adoptees, particularly with the prospect of significant policy shifts should former President Donald Trump be re-elected, as he has made promises of aggressive immigration enforcement measures.
Historically, the modern framework for intercountry adoption began after the Korean War, driven by American families’ growing need for children amidst changing societal norms regarding childbirth. Adoption agencies rushed to fulfill this demand, but many lacked the safeguards necessary to ensure proper care and citizenship for these children.
The legal framework governing these adoptions has significant gaps. Although state courts issue new birth certificates that treat adopted children as biological offspring, they have no jurisdiction over immigration matters. This gap has resulted in many adoptive parents neglecting to naturalize their children after the adoption process.
In response to this issue, Congress enacted the Child Citizenship Act in 2000, which intended to grant automatic citizenship to adopted children. Unfortunately, this legislation only applied to those under 18 at the time it came into effect, leaving many individuals born before February 27, 1983, in a state of legal limbo. Estimates suggest that between 15,000 and 75,000 adoptees lack citizenship today.
The ongoing efforts to close this loophole have been unsuccessful. Advocates express frustration over the government’s inaction in addressing this critical issue. Many adoptees discover their lack of citizenship through unexpected channels, such as when applying for passports or social services, leaving them with a constant fear of exposure and potential deportation.
For some, the lengthy and costly naturalization process is a possible solution, but for many others, it’s not feasible. Varying challenges occur based on the type of visas under which they arrived in the U.S.—some came via expedited means, while others face far more complicated paths to citizenship.
The ramifications of this status are profound, impacting their ability to secure employment, obtain driver’s licenses, and access government benefits. Some individuals have faced deportation due to past criminal issues, despite having been raised in American families.
Several personal stories highlight the ongoing struggles faced by undocumented adoptees, reflecting a system that has failed to protect them. These narratives range from individuals who have lived in fear of deportation for decades, to those who have only recently discovered their precarious legal status.
This pressing issue of undocumented adoptees is emblematic of broader immigration challenges facing the nation. As conversations around immigration reform continue, advocates are calling for urgent action to rectify this injustice.
