Adoptions used to skirt Immigration laws denied

Superior Court Associate Judge Kenneth L. Govendo has taken a stance against the use of adoptions to circumvent immigration laws. In two published opinions, Govendo highlighted the importance of preserving adoptions for their intended purpose and emphasized the public policies behind his decision to deny adoptions intended to sidestep immigration laws.

The judge also expressed concern that Immigration officials and the Attorney General’s Office may be providing potential petitioners with tips on how to circumvent immigration laws, obtain a change in immigration status, and continue residing in the Commonwealth.

Traditionally, the termination of natural parental rights and adoptions has been reserved for severe situations concerning abuse, neglect, abandonment, or orphans. In recent foreign adoption cases, the petitioners and the natural parents testified in court that the natural parental rights should be terminated to provide the foreign minor a better education and lifestyle through the adoptive parents, who will continue to reside in the CNMI or move to the States. The familial bond between the natural parents and child is otherwise healthy.

Govendo said he views these adoptions as sham adoptions, as the intended purpose of terminating the natural parental rights is to obtain a change in immigration status.

Typically, a sham adoption involves a close family member petitioning to adopt a minor child, usually a niece or nephew, from a foreign country, while the natural parents reside on Saipan as nonresident workers, or remain in their home country. The child arrives on Saipan as a tourist, and a year later, a close relative who is a U.S. citizen or is married to a U.S. citizen petitions to adopt the child. Often, the natural parents do not sacrifice their parental responsibilities or rights, as they continue to cohabitate with the child, especially if they remain in the CNMI. Starting last year, the court required natural parents to personally testify as to why they wish to terminate their natural parental rights to ensure the adoption was not solely intended to change the child’s immigration status.

Concerned about this trend, Govendo said he finds it necessary to take a stand against sham adoptions. In support of this position, Govendo relied on Commonwealth law, which prohibits the use of adoptions to gain immigration benefits.

He said he is also concerned about taking judicial notice of facts presented only in the testimony of the natural parents and petitioners. Judicial notice is reserved for undisputed or well-known facts. Typically, natural parents and petitioners testify that life is better in the CNMI than in the child’s foreign country. The living conditions of individual children vary too much for a judge to take judicial notice of such circumstances. Sufficient evidence is necessary to determine the legitimacy of an adoption petition.

Both opinions emphasized the importance of upholding the law. Govendo said it is an abuse of the adoption process and a violation of the Commonwealth and U.S. laws to grant adoptions intended solely to change a child’s immigration status.

“When people enter Saipan legally, they demonstrate respect for our laws. Nonresidents, who abide by the laws of this community, improve our community. …Turning a blind eye to sham adoptions undermines the Commonwealth laws concerning adoption and immigration. Equally as important, turning a blind eye to sham adoptions, in any situation, encourages more people to immigrate illegally and diminishes respect for the law,” he said.

Govendo stressed the importance of enforcing adoption laws because of the profound effect that legal and illegal immigration can have on such a small commonwealth.

“The CNMI is extremely small, and the financial condition of the schools and healthcare systems are currently in a state of deterioration,” he said. “Now more than ever, it is vital that Immigration Services monitor immigration as the immigration laws intended.”

He said he is concerned that Saipan’s infrastructure cannot afford to support the influx of minors that would result if sham adoptions were a permissible method of bypassing immigration laws and regulations.