II
106TH CONGRESS
2D SESSION
H. R. 2883
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 20, 2000
Received
AN ACT
To amend the Immigration and Nationality Act to modify
the provisions governing acquisition of citizenship by chil-
dren born outside of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Citizenship Act
of 2000’’.
TITLE I—CITIZENSHIP FOR CER-
TAIN CHILDREN BORN OUT-
SIDE 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 AUTOMATI-
CALLY 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 ful-
filled:
‘‘(1) At least one parent of the child is a citizen
of the United States, whether by birth or naturaliza-
tion.
‘‘(2) The child is under the age of eighteen
years.
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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 to-
taling 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 cit-
izen parent, is temporarily present in the United
States pursuant to a lawful admission, and is main-
taining such lawful status.
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‘‘(b) Upon approval of the application (which may be
filed from abroad) and, except as provided in the last sen-
tence of section 337(a), upon taking and subscribing be-
fore 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 Gen-
eral 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 sat-
isfies 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.
(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
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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 BE-
LIEF 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 Immi-
gration 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
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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 INAD-
MISSIBLE.—
(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, ordi-
nance, or regulation is inadmissible.
‘‘(ii) EXCEPTION.—In the case of an
alien who voted in a Federal, State, or
local election (including an initiative, re-
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call, or referendum) in violation of a lawful
restriction of voting to citizens, if each nat-
ural 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 perma-
nently resided in the United States prior to
attaining the age of 16, and the alien rea-
sonably believed at the time of such viola-
tion 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
CITIZEN-
SHIP.—
‘‘(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 (in-
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cluding 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 nat-
ural parent of the alien (or, in the
case of an adopted alien, each adop-
tive parent of the alien) is or was a
citizen (whether by birth or natu-
ralization), the alien permanently re-
sided in the United States prior to at-
taining 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 Immigra-
tion 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
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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 Sep-
tember 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 DE-
PORTABLE.—
(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
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by birth or naturalization), the alien perma-
nently resided in the United States prior to at-
taining 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 consid-
ered 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 rep-
resented, 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 naturaliza-
tion), the alien permanently resided in the
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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 pro-
vision of this subsection based on such rep-
resentation.’’.
(3) EFFECTIVE DATES.—The amendment made
by paragraph (1) shall be effective as if included in
the enactment of section 347 of the Illegal Immigra-
tion 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 Sep-
tember 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,
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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 natu-
ralization);
‘‘(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 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 mak-
ing the false statement or claim that he or she was a cit-
izen of the United States.’’.
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(3) EFFECTIVE DATES.—The amendment made
by paragraph (1) shall be effective as if included in
the enactment of section 216 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (Public Law 104–208; 110 Stat. 3009–572).
The amendment made by paragraph (2) shall be ef-
fective 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 pros-
ecuted on or after September 30, 1996, except in the
case of an alien whose criminal proceeding (includ-
ing judicial review thereof) has been finally con-
cluded before the date of the enactment of this Act.
Passed the House of Representatives September 19,
2000.
Attest:
JEFF TRANDAHL,
Clerk.