Another Russian Adoptee Deported

Children internationally adopted before 2001 only gained US citizenship when they or their parents applied for citizenship. Some adoptive parents never filed the necessary paperwork. Some adult adoptees are unaware that they are not US citizens or do not know that this situation leaves them vulnerable for deportation if they get arrested for a crime.

The Child Citizenship Act of 2000 , effective February 27, 2001, allows for internationally adopted children whose adoptions were finalized in the foreign country to gain automatic US citizenship upon arrival to the US. Those children whose adoptions are finalized in the US, gain US citizenship when the adoption is full and final in the US. There is no grandfathering of citizenship for children adopted prior to this date.

This story is about an adult Russian adoptee who was born with “heart defects and deformed hands. She was rejected by her parents for many years, spending her infancy in hospitals and institutions. Later she was abused by her parents, then abandoned by them. She immigrated to the United States as a young teen, adopted by U.S. citizens. After more than a decade, she had a child of her own, whom she abused. Anya [name changed by reporter] was diagnosed with mental illness. Although she was convicted of child abuse, the state court recommended medication, counseling, and a chance to regain custody of her child. But Immigration and Customs Enforcement (“ICE”) took over, and Anya was deported. Without a chance to comply with the state family court’s order, Anya’s ties with her child were permanently severed.”

“The law required ICE to detain Anya. Mandatory ICE detention is required when the immigrant has been convicted of a moral turpitude crime where the maximum sentence is more than one year, even if the person was not sentenced to more than one year. Anya’s child abuse conviction fell into that category, even though she was actually only sentenced to a few months in jail. Detention radically affected the complexion of the proceedings. Her attorneys could not meet and prepare with her in noncustodial settings, she could not assist in the gathering of and assembling of helpful evidence, and, perhaps most importantly, she could not abide by the family reunification order of the state court. ”

For parents who adopted children from foreign country before 2001: please make sure that you have filed the necessary paperwork. There is no excuse for delaying this critical step any longer!

For adult adoptees: please check that you have proof of citizenship or file the paperwork.

Don’t Deport Immigrants With Mental Disabilities
[Huffington Post 4/28/11 by Bill Ong Hing]

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