Deportation of Korean adoptees from the United States

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There have been several high-profile cases of deportation of Korean adoptees from the United States. Prior to the passage of the Child Citizenship Act of 2000, the adoptive parents of adoptees had to file for their child to naturalize before the age of 16. Many parents were unaware of this requirement, assuming that their adopted children automatically derived citizenship from them, and therefore did not apply. The Child Citizenship Act sought to remedy this issue by extending citizenship to all international adoptees who were under 18 at the time that the bill was passed, but did not apply retroactively. This left those adopted by American families prior to 1983 vulnerable to deportations.

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From the 1950s through 1991, a plurality of international adoptees came from South Korea. Koreans are the largest group of adoptees in the U.S. [1] It has been estimated that as many as 20% of adult Korean adoptees are at risk of deportation. Many of the vulnerable adoptees suffered from a lack of access to other resources American citizens have.

If deported, they also face major challenges adjusting to live in South Korea. If they have no known family or relations in their birth country and do not speak the language, as is often the case, it is incredibly difficult for them to meet their basic needs such as housing and employment. These factors contributed to the 2017 suicide of Philip Clay, a Korean adoptee who was deported.

The exact number of deported Korean adoptees is unknown and difficult to ascertain, but there are at least half a dozen known cases. [2]

Adoption laws in the United States

Traditionally, adoptions in the United States were finalized in the state of residence of the adoptive parents, but that system failed to recognize adoptions made abroad and not finalized in U.S. territory. [3] Although states still hold exclusive authority over family law within their territory, the federal government, birth countries, and international law now play a role in the process of international adoption. [3]

The Child Citizenship Act of 2000 also improved the legalization process for international adoptees. This act allowed adoptees who were under the age of 18 years at the time of the Act to get automatic United States citizenship, but those born prior to 1983 were left vulnerable to immigration laws since they were adults by the time of the Act. [4]

The Adoptee Rights Campaign estimates that "112,000 Korean children were adopted by US citizens in the last 60 years. Out of these, 20% of adoptees who are now adults are living in the U.S. without citizenship, in danger of deportation. [4]

Though previous adoption laws allowed many international adoptees to gain citizenship, there are still many who could not benefit because of the age restrictions, such as was the case for adoptees who were adults by the time the Child Citizenship Act of 2000 was put into action. However, there is now a petition for The Adoptee Citizenship Act of 2019 to help those adults who were left vulnerable to deportations. According to the Adoptees for Justice website, " The Adoptee Citizenship Act of 2019 will grant automatic citizenship to all qualifying international adoptees adopted by a U.S. citizen parent, regardless of the date the adoption was finalized or the entering visa." [5] In addition, there are various city resolutions being considered to be sent to Congress. One of the Resolutions includes the Ryu Resolution for Adoptee Citizenship Archived 2018-09-25 at the Wayback Machine introduced to the Los Angeles City Council by Councilmember Ryu. This Resolution "would automatically grant citizenship to those adopted by U.S. citizens as children." [6]

Example deportations

Philip Clay

Phillip Clay (Kim Sang-pil) was found abandoned in Seoul in 1981 and legally adopted into an American family in Philadelphia.

After a struggle with drug addiction and a run in with the law, Clay was deported back to Korea in 2012, despite no knowledge of the Korean language or customs, nor without a single contact in the country. Diagnosed in Korea with bipolar disorder, he was shuffled in and out of social agencies and hospitals who could not care for him due to a lack of English speaking staff. In 2017, Clay ended his life jumping from the 14th floor of a building in Seoul. [7] [2]

Adam Crapser

Adam Crapser was adopted from South Korea by United States citizens in 1979, then readopted by a second family years later. Both families were charged with child abuse, and Crapser was later left alone without United States citizenship. Crapser had run-ins with law, including 3 domestic violence incidents and a charge of contributing to the sexual delinquency of a minor, that led to him not being eligible for a green card after years of searching for his proper adoption documentation.

Crapser filed a lawsuit against one of the biggest international adoption agencies, Holt Children's Services, for negligence in sending thousands of children to the United States and other countries without "accounting for their future citizenship.". [8] In May 2023, the court found in Crapser's favor and ordered Holt to pay nearly $75,000 in damages. Crapser now lives in Mexico. [9]

Hyebin Schreiber

Adopted by her uncle and aunt in Kansas, Hyebin Schreiber arrived in the United States in 2014 at 15 years of age from relatives who could not afford to care for her. Her uncle, retired Army Lt. Col. Patrick Schreiber spent much of 2013 and 2014 deployed to Afghanistan, and was unaware that he would need to formally apply for naturalization prior to her 16th birthday to qualify. After a protracted court battle, the United States 10th Circuit Court of Appeals ruled in 2019 that she must return to Korea. [10] [11]

Blue Bayou, a film written and directed by Justin Chon, depicts a Korean-American man who was adopted by a white family and is at risk for deportation because his parents did not file for his citizenship. The movie is based on true stories about interracial adoption, which is related to the Child Citizenship Act of 2000. [12] [13]

See also

Related Research Articles

<span class="mw-page-title-main">Adoption</span> Parenting a child in place of the original parents

Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents.

The international adoption of South Korean children started around 1953 as a measure to take care of the large number of mixed children that became orphaned during and after the Korean War. It quickly evolved to include orphaned Korean children. Religious organizations in the United States, Australia, and many Western European nations slowly developed the apparatus that sustained international adoption as a socially integrated system.

Holt International Children's Services (HICS) is a faith-based humanitarian organization and adoption agency based in Eugene, Oregon, United States, known for international adoption and child welfare. The nonprofit works in thirteen countries, including: Cambodia, China, Colombia, Ethiopia, Haiti, India, Mongolia, Philippines, South Korea, Thailand, Uganda, Vietnam, and the United States. This work includes a range of services for children and families including efforts in nutrition, education, family strengthening, orphan care, foster care, family reunification, and child sponsorship. The organization's stated mission is to seek a world where every child has a loving and secure home.

<span class="mw-page-title-main">United States nationality law</span> History and regulations of American citizenship

United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is established as a right under the Constitution, not as a privilege, for those born in the United States under its jurisdiction and those who have been "naturalized". While the words citizen and national are sometimes used interchangeably, national is a broader legal term, such that a person can be a national but not a citizen, while citizen is reserved to nationals who have the status of citizenship.

International adoption is a type of adoption in which an individual or couple residing in one country becomes the legal and permanent parent(s) of a child who is a national of another country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.

Closed adoption is a process by which an infant is adopted by another family, and the record of the biological parent(s) is kept sealed. Often, the biological father is not recorded—even on the original birth certificate. An adoption of an older child who already knows their biological parent(s) cannot be made closed or secret. This used to be the most traditional and popular type of adoption, peaking in the decades of the post-World War II Baby Scoop Era. It still exists today, but it exists alongside the practice of open adoption. The sealed records effectively prevent the adoptee and the biological parents from finding, or even knowing anything about each other. However, the emergence of non-profit organizations and private companies to assist individuals with their sealed records has been effective in helping people who want to connect with biological relatives to do so.

<span class="mw-page-title-main">History of British nationality law</span> United Kingdom legislation

This article concerns the history of British nationality law.

In the United States, adoption is the process of creating a legal parent–child relationship between a child and a parent who was not automatically recognized as the child's parent at birth.

Interracial adoption refers to the act of placing a child of one racial or ethnic group with adoptive parents of another racial or ethnic group.

Sealed birth records refers to the practice of sealing the original birth certificate upon adoption or legitimation, often making a copy of the record unavailable except by court order. Upon finalization of the adoption, the original birth certificate is sealed and replaced with an amended birth certificate declaring the adoptee to be the child of his or her adoptive parents, "as if" born to them. Many states, provinces and countries adopted this practice in the early to mid-20th century with the aim of protecting the adopted person from the shame of an illegitimate birth. Sealed or closed birth records are generally associated with closed adoption. Open records is generally referred to as the practice of opening original birth records to adult adoptees, and should not be confused with open adoption, which can occur with or without sealed records, depending on the laws of the state or province in which it is carried out.

<span class="mw-page-title-main">Right of abode in the United Kingdom</span> British immigration status

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<span class="mw-page-title-main">Child Citizenship Act of 2000</span>

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United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because at least one of their parents was a U.S. citizen at the time of the person's birth. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.

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Child laundering is a tactic used in illegal or fraudulent international adoptions. It may involve child trafficking and child acquisition through payment, deceit or force. The children may then be held in sham orphanages while formal adoption processes are used to send them to adoptive parents in another country.

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Deportation of Americans from the United States is the wrongful expulsion, return or extradition of Americans to other countries, often after being convicted of a crime. These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under 8 U.S.C. § 1427 or admitted as nationals of the United States under the Child Citizenship Act of 2000. A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.

<i>Blue Bayou</i> (film) 2021 American film

Blue Bayou is a 2021 American drama film written and directed by Justin Chon. The film stars Chon, Alicia Vikander, Mark O'Brien, Linh Dan Pham, Sydney Kowalske, Vondie Curtis-Hall and Emory Cohen.

Same-sex adult adoption involves adult adoption—the adoption of one adult by another—of a partner in order to benefit in some way, such as to create family relationships, to ensure inheritance rights and to keep collateral relatives from contesting the estate plan of the adopted adult. It was most prevalent from the 1970s and 1980s to early 2000s, as during that time, many countries had not legalised same-sex marriage. It was mostly used due to same-sex marriage not being available in some countries, to create a family unit, get property and inheritance rights, securing insurance benefits and allowing recovery in tort. Same-sex adult adoption has evolved during the years, becoming less prevalent in countries where same-sex marriage is legal. It is not to be confused with LGBT adoption, wherein another party is adopted by a couple.

References

  1. ↑ POV (2000-01-17). "Adoption History | First Person Plural | POV | PBS". POV | American Documentary Inc. Retrieved 2024-05-03.
  2. 1 2 Choe, Sang-Hun (2 July 2017). "Deportation a 'Death Sentence' to Adoptees After a Lifetime in the U.S." New York Times.
  3. 1 2 Bergquist, Kathleen Ja Sook (Fall 2007). "Right to Define Family: Equality under Immigration Law for U.S. Inter-Country Adoptees". Georgetown Immigration Journal. 22: 1–20 – via HeinOnline.
  4. 1 2 Martin-Montgomery, A., Cappelli, K., Demitrack, L., Kunz, D.B., Lyford, C.J., Mullen, M., Perschied, M., Sharkey, C., Spector, A. (2018). “US Adoptees Without Citizenship National and State-by-State Estimates." Adoptee Rights Campaign.
  5. ↑ "ADOPTEES FOR JUSTICEAdoptees For Justice". ADOPTEES FOR JUSTICE. Retrieved 2019-06-10.
  6. ↑ Pampanin, Mark (July 3, 2018). "Los Angeles City Council Resolution". Adoptee Rights Campaign. Retrieved June 11, 2019.
  7. ↑ Gammage, Jeff (2 June 2017). "Adopted from Korea as a child, deported as an adult — Philly man takes his life". Philadelphia Inquirer.
  8. ↑ Ahn, Young-joon (Jan 29, 2019). "Adoptee deported by U.S. to sue South Korea, adoption agency". Associated Press. Retrieved June 10, 2019.
  9. ↑ "South Korean court orders agency to compensate adoptee over his mishandled adoption to US". Associated Press News . 16 May 2023.
  10. ↑ Adler, Eric (20 December 2019). "'The end is coming' — A retired Army officer's adopted daughter prepares for deportation". Kansas City Star.
  11. ↑ Bacon, John (3 October 2018). "Time, options running out for Kansas family fighting deportation of adopted S. Korean child". USA Today.
  12. ↑ "With Cannes Darling 'Blue Bayou,' Justin Chon Asks What It Means to Be an American". GQ. 2021-09-16. Retrieved 2021-09-17.
  13. ↑ Bae, Hannah (16 September 2021). "In Justin Chon's 'Blue Bayou,' one man's fictional immigration saga raises real-world political awareness". Datebook | San Francisco Arts & Entertainment Guide. Retrieved 2021-09-19.
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