8 FAM 302.9
Special Citizenship Provisions under the Kickapoo Act of 1983
(CT:CITZ-85; 11-09-2022)
(Office of Origin: CA/PPT/S/A)
8 FAM 302.9-1 Introduction
(CT:CITZ-85; 11-09-2022)
a. The Kickapoo Act of 1983 (Public Law 97-429; 25 U.S.C. 1300b-13(c) and (d)--see 8 FAM 102.1-6) enabled Mexico-born tribal members of the Kickapoo Tribe of Oklahoma and the Kickapoo Traditional Tribe of Texas to acquire U.S. citizenship through a specialized naturalization process and/or free passage of the borders. The Kickapoo Act of 1983 ended in 1989 and no additional individuals were granted U.S. citizenship and/or free passage of the borders under the Kickapoo Act.
b. The Immigration and Nationality Act, Section 341, does not provide for issuance of Certificates of Citizenship to individuals who acquired under the Kickapoo Act. Instead, the former Immigration and Nationality Service (INS) issued these individuals a Form I-872, "American Indian Card for the Texas and Oklahoma American and Mexican Members," (I-872 card) (8 CFR 212.1(c)(1)(ii)), which was a small, laminated piece of paper without an expiration date:
(1) A classification code of “KIC” and a statement on the back of the form I-872 denotes that the bearer is a U.S. citizen. The statement reads, "The person identified in this card has been classified as a United States citizen pursuant to Public Law 97-429 of January 8, 1983."; and
(2) A classification code of “KIP” and a statement on the back of form I-872 denotes that the bearer has been admitted for legal permanent residence. The statement reads, "The person identified on this card is hereby entitled to freely pass and repass the borders of the United States and to live and work in the United States pursuant to Public Law 97-429 of January 8, 1983."
c. INS did not maintain the capacity to issue replacement I-872 cards and U.S. Citizenship and Immigration Services (USCIS) does not plan to re-establish production of I-872 cards. Consequently, individuals who acquired under the Kickapoo Act are only able to acquire new documentation of their U.S. citizenship by issuance of a U.S. passport.
8 FAM 302.9-2 Adjudication of Claims under the Kickapoo Act
(CT:CITZ-85; 11-09-2022)
a. USCIS has certified to the Department all individuals who acquired U.S. citizenship and/or free passage of the borders under the Kickapoo Act. The personally identifiable information (PII) of these members has been entered into the Consular Lookout and Support System (CLASS).
b. You should use the complete match (see 8 FAM 501.4-4) when matching to these applicants. The PII provided includes the first and last name, date/place of birth, and aliases. The class of admission and description and the individual's A number will be listed in the comment field.
c. The CLASS record is, by itself, sufficient evidence that the applicant has acquired U.S. citizenship and/or free passage of the borders under the Kickapoo Act. You should annotate the law of acquisition on the passport application, e.g., Acq. 25 U.S.C. 1300b-13(c). No additional citizenship evidence is required, but the applicant may submit a statement or a photocopy of the form I-872 to indicate their status under the Kickapoo Act.
d. You must review the CLASS record to determine whether the applicant acquired U.S. citizenship by special naturalization (KIC) or only free passage of the borders (KIP). If the applicant only acquired free passage of the borders, they may still have acquired U.S. citizenship under an INA provision and must submit evidence of acquisition of U.S. citizenship. Pass/Repass status under Section 4(d) of the Kickapoo Act does not constitute lawful permanent resident status.
e. The applicants must provide sufficient evidence of identity and entitlement to a U.S. passport.