America is a nation of immigrants, but Americans right now have many different ideas on immigration. One feeling that doesn’t depend on political leanigns is fear. News media and social media alike present Immigration and Customs Enforcement (ICE) agents as scary, and people who feel that their looks might cause them to be targeted by ICE are staying out of school and off the streets for fear of being detained. This fear is not completely unreasonable, either, since the Supreme Court recently ruled that ICE can choose people who “look like immigrants” for detention. What if you’re preparing to adopt a child who might be seen in this way? Should you or your adopted child fear ICE?
Is your child a U.S. citizen?
While ICE has detained some U.S. citizens, it is rare. So the first thing to think about is whether your child is a U.S. citizen. Under the 14th Amendment to the U.S. Constitution, everyone born in a state is a U.S. citizen. Most U.S. territories also have birthright citizenship (American Samoa is the exception). If your adopted child was born in the United States, he or she is a U.S. citizen and you should not be concerned about deportation.
Note that the citizenship of the child’s parents does not matter if the child is born in the United States.
If the child was born elsewhere and brought into the United States, then it is possible that he or she is not a U.S. citizen. Some kids in this position may still be U.S. citizens. For example, a birth mom who is a U.S. citizen could be on vacation in Canada when she gives birth. If she brings the infant back to the U.S. without registering the birth with the U.S. Consulate, the baby may still be a U.S. citizen, but the paperwork needs to be done. In a case like this, the mom must apply for a Consular Report of Birth Abroad (CRBA). This can be done after she returns to the states, but she must prove that she is eligible to pass along her citizenship, and she has to go through the proper channels.
Our next example sounds more like a movie than real life, but let’s imagine that a couple of would-be adoptive parents happen to find an infant while in Canada and, unable to find the child’s parents, just decide to bring the baby home with them. We can see Kristen Bell and Jason Segal in these roles. We can also see them getting into a lot of trouble, not least because that baby is almost certainly not a U.S. citizen. That would constitute illegal entry into the United States.
Leaving aside the movie scenarios, there are many actual cases of parents who adopted internationally and then failed to finish the process by naturalizing their adopted child. Those kids have been shocked to discover as adults that they are not U.S. citizens.
If you are not sure about your child’s citizenship status, you need a lawyer. Make sure everything is completely settled.
Coping with fear
Once you’re certain that your child is legally in the United States, you can deal with the problem of fear. It is true that ICE agents can look scary, and that communities where they are active often have emotions running high. But there are things you can do to cope with fear.
First, calm yourself before trying to calm your child. If your adopted child is an infant or perhaps not born yet, you can feel fairly certain that they are not afraid of deportation. In such a case, calming yourself is all that’s really necessary. If your child is hearing scary stories at school and really is worried, you can be a lot more reassuring if you take some time to settle your own mind before talking with your child.
Remnember what FEAR stands for:
- False
- Ideas
- Appearing
- Real
When you’re worried about something, the emotional centers of your brain can’t tell whether the thing you’re woprryinbg about is actually happening or not. Your fight-or-flight response is just as intense for things you imagine as for things actually taking place. News reports show that about 42 arrests by immigration authorities have happened here in Northwest Arkansas, but that is not the same as dozens of children being rounded up at schools. How many arrests have you actually seen in your neighborhood? How many have involved children? Use this information to help you create realistic expectations.
In talking with your child, acknowledge that it’s okay to feel scared, but that children can count on parents and teachers to take care of them. Here are some things you can do to help your children feel more confident:
- Make a family plan. If your child worries about being detained at school, make sure they know to go find a teacher. If they worry about ICE coming to your home, agree that they can call out for you if they feel scared.
- Make a card with the child’s and parents’ names and phone numbers. When your child carries that information, they will be able to get help if they need it.
- Tell your child who will care for them if you are not available for any reason.
These steps are calming for worried children. While saying, “Don’t be silly. There’s nothing to be afraid of,” may make your child stop talking about their fear, having a plan and a card to carry can actually increase confidence. If you have ever sprayed hair spray under the bed while telling your toddler it is anti-monster spray, you know that symbolic actions can help reduce fear.
There are so many questions that come up in the course of an acdoption journey, and everyone’s experience is different. That’s why you need an experienced adoption attorney in your corner. Heimer Law specializes in adoption. Contact us with any questions. We can help.
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