Child Citizenship Act Not Retroactive According to One Court

On January 18, 2002 the Northern District of Illinois Eastern Division, agreed with the INS and concluded that the automatic citizenship provisions of the Child Citizenship Act are not retroactive in Baresic v. Ashcroft, No. 01-C-7432 (N.D. Ill. Jan. 18, 2002).

The Petitioner, a legal permanent resident of the U.S. over the age of 18, filed the suit arguing that pursuant to the Child Citizenship Act of 2000 (“CCA”), he met the requirements of automatic citizenship as delineated in section 322 of the CCA. His claim was based on the premise that the section “applies retroactively to confer automatic citizenship upon individuals who were under the age of eighteen when one of their parents became a naturalized citizen.” The Court rejected the Petitioner’s claim, concluding that section 322 of the CCA applies only to children who meet all of the requirements on or after the Act’s effective date, February 27, 2001. One of the key factors contributing to the Court’s decision was the language of the statute which was written in the present tense. Two specific sections quoted by the Court included the requirement that the child “is under that age of eighteen years” and the enactment provision which according to the Court limited the applicability of the section to children “who satisfy” the Act’s requirements “as in effect on such effective date.” 8 U.S.C. § 1433(a)(3) (emphasis added).

Although the INS appears to have taken the position that the act is not retroactive, the language of the CCA’s and Congress’ intent have not yet been universally determined, and there may still be room for individuals to continue arguing in favor of its retroactive application - - outside of the Northern District of Illinois Jurisdiction.

  View a copy of the Court Decision (PDF/176 kb, 6 pages)