H. R. 2883
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Nation-
ality Act (8 U.S.C. 1431) is amended to read as follows:
‘‘CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMA-
NENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITI-
ZENSHIP AUTOMATICALLY ACQUIRED
‘‘SEC. 320. (a) A child born outside of the United States auto-
matically 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).’’.
H. R. 2883—2
(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 ac-
quired.’’.
SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CER-
TAIN CHILDREN BORN OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Section 322 of the Immigration and Nation-
ality 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 ful-
filled:
‘‘(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 four-
teen 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 require-
ments 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 ac-
quiring certificate of citizenship.’’.
SEC. 103. CONFORMING AMENDMENT.
(a) IN GENERAL.—Section 321 of the Immigration and Nation-
ality Act (8 U.S.C. 1432) is repealed.
H. R. 2883—3
(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 REASON-
ABLE 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 Sep-
tember 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 viola-
tion of any Federal, State, or local constitutional provi-
sion, 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
H. R. 2883—4
(whether by birth or naturalization), the alien perma-
nently 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 rep-
resents, or has falsely represented, himself or her-
self 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 inadmis-
sible.
‘‘(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 sub-
section 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 Responsi-
bility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638)
and shall apply to voting occurring before, on, or after Sep-
tember 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 pro-
ceedings 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 Immigra-
tion 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
H. R. 2883—5
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 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 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 Responsi-
bility Act of 1996 (Public Law 104–208; 110 Stat. 3009–638)
and shall apply to voting occurring before, on, or after Sep-
tember 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 pro-
ceedings 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
H. R. 2883—6
parent of the alien) is or was a citizen (whether by birth or natu-
ralization), 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 Responsi-
bility 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 pros-
ecuted 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 enact-
ment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.