Another attack on birthright citizenship, this time for kids born abroad to USC

Another attack on birthright citizenship, this time for kids born abroad to USC


Another attack on birthright citizenship, this time for kids born abroad to USC

Wednesday, August 28, 2019

Another attack on birthright citizenship, this time for kids born abroad to USC

Starting Oct. 29, all non-citizen children residing abroad with U.S. citizen parents who are stationed abroad will not be considered for acquiring citizenship. A policy alert released by U.S. Citizenship and Immigration Services today says: 

“USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as ‘residing in the United States’ for purposes of acquiring citizenship” under the Immigration and Naturalization Act, the alert states. Effective on Oct. 29, 2019, all non-citizen children residing abroad with U.S. citizen parents who are either employed by the U.S. government or are members of the military stationed abroad “are not considered to be residing in the United States for acquisition of citizenship.”

Previously, children born to U.S. citizen parents were considered to be “residing in the United States,” and therefore would be automatically given citizenship under Immigration and Nationality Act 320. Now, children born to U.S. service members and government employees, such as those born in U.S. military hospitals or diplomatic facilities, will not be considered as residing in the U.S., changing the way that they potentially receive citizenship. Instead of acquiring citizenship automatically at birth, they would need to naturalize under INA 322.

The explanations for how the rule will operate are laid out with some detail in the guidance, though many analysts are still figuring out the full extent of all the scenarios. For its part, USCIS spokesperson Meredith Parker told Task & Purpose: “The policy change explains that we will not consider children who live abroad with their parents to be residing in the United States even if their parents are U.S. government employees or U.S. service members stationed outside of the United States. As a result, these children will no longer be considered to have acquired citizenship automatically.” According to USCIS, previous legislation also explicitly said that spouses of service members who were living outside the U.S. because of their spouses were considered residing in the U.S., but “that no similar provision was included for children of U.S. armed forces members in the acquisition of citizenship context is significant.” A fact sheet to accompany the rule appears here.

What is even less clear than how the guidance will operate is why the USCIS is making the change. More to come on this developing story…

MHC

https://lawprofessors.typepad.com/immigration/2019/08/another-attack-on-birthright-citizenship-this-time-for-kids-born-abroad-to-usc.html

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Published at Wed, 28 Aug 2019 21:42:34 +0000