PUBLIC LAW 106–395—OCT. 30, 2000 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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).’’.

8 USC 1101 note.

Child Citizenship

Act of 2000.

Oct. 30, 2000

[H.R. 2883]

114 STAT. 1632 PUBLIC LAW 106–395—OCT. 30, 2000

(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.

PUBLIC LAW 106–395—OCT. 30, 2000 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.

The 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) 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

Applicability.

8 USC 1101 note.

8 USC 1431 note.

Applicability.

114 STAT. 1634 PUBLIC LAW 106–395—OCT. 30, 2000

(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) 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. 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

Applicability.

8 USC 1182 note.

PUBLIC LAW 106–395—OCT. 30, 2000 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) 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. 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

‘‘(3) the alien reasonably believed at the time of voting

in violation of such subsection that he or she was a citizen

of the United States.’’.

(2) CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.—

Section 1015 of title 18, United States Code, is amended by

adding at the end the following:

‘‘Subsection (f) does not apply to an alien if each natural parent

of the alien (or, in the case of an adopted alien, each adoptive

Applicability.

8 USC 1227 note.

114 STAT. 1636 PUBLIC LAW 106–395—OCT. 30, 2000

LEGISLATIVE HISTORY—H.R. 2883:

HOUSE REPORTS: No. 106–852 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 19, considered and passed House.

Oct. 12, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Oct. 30, Presidential statement.

Æ

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 the false statement or claim that he or

she was a citizen of the United States.’’.

(3) EFFECTIVE DATES.—The amendment made by paragraph

(1) shall be effective as if included in the enactment of section

216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–572).

The amendment made by paragraph (2) shall be effective as

if included in the enactment of section 215 of the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996

(Public Law 104–208; 110 Stat. 3009–572). The amendments

made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case

of an alien whose criminal proceeding (including judicial review

thereof) has been finally concluded before the date of the enactment of this Act.

Approved October 30, 2000.

Applicability.

18 USC 611 note.