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(Paper) Trail of Tears: The Deportation of Korean Adoptees from the U

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1 (Paper) Trail of Tears: The Deportation of Korean Adoptees from the U
(Paper) Trail of Tears: The Deportation of Korean Adoptees from the U.S. and the Quest for Citizenship Ji-Hye Shin

2 Introduction Philip Clay and his suicide on May 21, 2017
- Transnational adoption as a form of child migration - Importance of documentation for child migrants - Quest for citizenship Un-naturalized Korean adoptees as noncitizens Adoptees as global family members? Vulnerability of Asian child migrants and their statelessness Legal identity of Korean adoptees in the U.S. and Korea: meaning of citizenship and belonging for child migrants

3 Children and Migration
Jacqueline Bhabha: “the balance between ascriptive status and consensual identification shifts” & “citizenship is a status in process” (218) Are adoptees vulnerable children or successful adults? Un-naturalized Korean adoptees as undocumented children DeLeith Duke Gossett: peculiar position of transnational adoptees in the United States Un-naturalized Korean adoptees and de jure/de facto statelessness: initially legal migrants but, without naturalization, undocumented

4 Orphans and Adoptees Citizenship status of babies born on Ellis Island
- Parents’ legal status Orphans and adoptees - Orphans admitted to the U.S. under bond - Adoption of internally displaced children of Europe after WWII - Adoption of war orphans after the Korean War: Holt Adoption Program (1956) 110,000 Korean children adopted by American parents between the 1950s and the present

5 Legal Identity of Korean Adoptees
Adoption process: processing adoption before or after the child’s arrival in the U.S. - IR-4 visa (after): addition steps to take in the U.S. - IR-3 visa (before): process to be completed in the child’s country of origin Child Citizenship Act of 2000 (CCA): citizenship for legally adopted children under 18 years of age - Only for those on IR-3 visas - Not applicable for those born before 1983 (over 18) Korean adoptees sent on IR-4 visas until 2013 (Special Adoption Act)

6 Deportation Undocumented adoptees and deportation for minor and nonviolent crimes Citizenship status verification needed for more than 15,000 Korean adoptees to the United States Missing or inaccurate documentation - Possibility of military enlistment - Orphan family registry - Lack of interactions between agencies and government institutions Korean adoptees both de jure and de facto stateless

7 Undocumented Child Migrants
As of 2015, 20,000 undocumented child migrants in Korea Possibility of deportation - Violation of human rights - Undocumented and stateless Recognition and support from nation-states Changes for child migrants through greater attention to Korean adoptees Call for transnational and intergovernmental cooperation

8 Conclusion Adam Crapser and his fight against American immigration authorities - Deported to Korea in 2016 Deportation as a form of “social death” & deported adoptees still considered “children” Humanitarian interests and concerns vs. deported Korean adoptees and undocumented children as violators of the law - Attention to the multiplicity of situations and various forms of stateless and citizenship for child migrants


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