Representatives Don Bacon (R-Neb.) and Adam Smith (D-Wash.), along with Senators Mazie Hirono (D-Hawaii) and Susan Collins (R-Maine), have introduced the Protect Adoptees and American Families Act. The bill aims to address a loophole in the Child Citizenship Act of 2000 that has left some international adoptees without U.S. citizenship, despite being legally adopted as children.
“As the father to two adopted children, I can’t imagine the uncertainty and anxiety faced by these adoptees who were legally adopted in our country, but are now being told they aren’t U.S. citizens,” said Rep. Bacon. “While this situation was rectified for newly adopted children when the law was passed in 2000, adoptees from before that year were left in limbo land. Imagine being allowed to vote, paying into social security and enjoying other rights as a citizen, and then being told you are not a citizen. It makes zero sense and this legislation corrects that egregious mistake.”
“For decades, thousands of people who were adopted into loving American families have lived in legal limbo through no fault of their own,” said Rep. Smith. “The Protect Adoptees and American Families Act will finally close this loophole and guarantee citizenship to adoptees who have spent their lives in the United States and deserve the same rights as any other American. This bipartisan legislation is about fairness, dignity, and ensuring that families remain whole.”
Senator Hirono added: “Thousands of American families and their internationally-adopted children have been living in fear and uncertainty due to an oversight in the Child Citizenship Act, which is why I’m proud to join my colleagues in introducing legislation that would provide a long overdue solution to address this issue. The Protect Adoptees and American Families Act will help keep families together, and ensure that international adoptees are afforded the rights they deserve as U.S. citizens.”
“It is simply not right that international adoptees who were legally adopted in the United States are being denied citizenship due to a loophole in current law,” said Senator Collins. “Our bipartisan bill would address this loophole and allow these individuals to finally achieve their rightful status as American citizens.”
Before 2000, families adopting children from abroad had to complete an additional naturalization process for their children after adoption; incomplete paperwork sometimes led adoptees not realizing they lacked citizenship until adulthood. The Child Citizenship Act of 2000 provided automatic citizenship for foreign-born children under age 18 at its enactment but excluded those already over 18 at that time.
The new bill seeks to grant automatic citizenship retroactively for those affected by this gap—specifically foreign-born individuals lawfully adopted by U.S. citizens who turned 18 before February 27, 2001—and establishes a path for eligible adoptees currently living abroad.
Advocacy groups across the country support this measure:
“We recognize the challenges faced by adoptees who, though raised in American families and contributing fully to our communities, continue to live without the protections of citizenship… With Korean American adoptees among the most affected, KAGC is committed to working with partners to ensure this vital legislation is enacted and justice is delivered to all impacted.” – Wonseok Song, Executive Director of Korean American Grassroots Conference
“NCFA supports the Protect Adoptees and American Families Act… The Protect Adoptees and American Families Act provides the citizenship that was initially intended for these individuals.” – Ryan Hanlon, National Council For Adoption
“As a national network in five states, the NAKASEC network strongly urges immediate passage of this legislation… No other receiving country failed to confer citizenship for the children in their care.” – Becky Belcore, Co-Director of NAKASEC
“The Protect Adoptees and American Families Act fixes a 25-year loophole…” – Kristie De Pena, Director of Immigration Policy at Niskanen Center
“We support this effort to strengthen American families by easing the citizenship process for international adoptees…” – National Immigration Forum
“Fundamental fairness demands that those children who were lawfully adopted… enjoy full privileges…” – Priya Purandare, Executive Director of NAPABA
“Adoptees… are living in fear… often learning they are not citizens when they are well into adulthood…” – Rachel Koelzer, Co-Founder of Adoptees For Justice
“We’re thrilled at introduction of this bill…” – Amanda Cho, Policy Manager with Alliance for Adoptee Citizenship
“To be adopted into a family is …to be chosen …Somehow we as adoptees have been forgotten…. Now years later we are in limbo…. How is it fair or humane? How is it fair to send someone to a country where they know no one…? This bill needs to be law for those innocent adoptees who are victims of a faulty system.” – H., an adoptee without citizenship
Don Bacon has represented Nebraska’s 2nd district since replacing Brad Ashford in Congress beginning January 2017 (https://bacon.house.gov/biography). He was born in Momence, Illinois; he graduated from Northern Illinois University with his BA before also attending University of Phoenix.
The proposed legislation addresses concerns about barriers faced by some adult international adoptees regarding education access or employment because they lack recognized U.S. citizenship.
