The bill, titled the Protect Adoptees and American Families Act (PAAF Act), would create automatic U.S. citizenship for certain internationally adopted individuals by amending the Immigration and Nationality Act (INA), specifically section 320(b). It expands and codifies a pathway for adoptees to obtain citizenship based on their adoption by a U.S. citizen parent, with separate provisions for adoptees inside the United States and those outside the United States. In essence, it aims to remove many of the traditional naturalization steps for eligible adopted children, while layering security checks for individuals outside the United States seeking admission. Key features include: (1) automatic citizenship for adopted children who meet specific criteria regardless of when the adoption was finalized, and (2) two limited tracks that apply differently depending on where the adoptee resides (inside the U.S. or abroad) and whether certain residency requirements are met by enactment. The bill also introduces a criminal background-check requirement for those abroad seeking admission and explicitly states that certain grounds of inadmissibility do not apply to these adoptees seeking admission. The short title for the bill is the Protect Adoptees and American Families Act (PAAF Act).
Key Points
- 1Title and purpose: The act is called the Protect Adoptees and American Families Act (PAAF Act) and would provide automatic U.S. citizenship for certain internationally adopted individuals by amending INA section 320(b).
- 2General eligibility for adopted children: The automatic citizenship provision applies to a child adopted by a U.S. citizen parent if the child meets the eligibility requirements applicable to adopted children under subparagraphs E, F, or G of INA 101(b)(1), regardless of when the adoption was finalized.
- 3Inside-the-U.S. track (adoptees living in the U.S. on enactment):
- 4- An individual born outside the U.S. who was adopted by a U.S. citizen before age 18, was physically present in the U.S. in the legal custody of the citizen parent under a lawful admission before turning 18, has not previously acquired U.S. citizenship, and was residing in the U.S. on the enactment date, would automatically become a U.S. citizen.
- 5Outside-the-U.S. track (adoptees living abroad on enactment):
- 6- An individual who meets all the above criteria except the residency requirement (D) would automatically become a U.S. citizen when physically present in the U.S. under a lawful admission.
- 7- Grounds of inadmissibility (INA 212(a)) would not apply to these individuals seeking admission.
- 8- A criminal background check is required before a visa can be issued; if the background check reveals unresolved crimes, DHS and the State Department must coordinate with law enforcement to resolve them.
- 9Special considerations upon enactment: For adoptees abroad, automatic citizenship occurs upon lawful admission and physical presence in the U.S.; for adoptees in the U.S., automatic citizenship occurs once all specified conditions are met and on enactment if they satisfy residency requirements.
- 10Security and screening: The bill includes a mandatory criminal background check for adoptees abroad and requires appropriate actions if any crimes are found, indicating a security safeguard alongside the automatic citizenship pathway.
- 11Process and legal interplay: The bill uses a “notwithstanding” stance relative to section 318 for the inside/outside tracks, indicating the new provisions could override certain existing residency or naturalization requirements in specific scenarios.