Citizenship will no longer be automatic for children of some US military members living overseas

[SummerMadness]

Citizenship will no longer be automatic for children of some US military members living overseas

The Trump administration is making it more difficult for the children of some US service members and US government employees living abroad to automatically become US citizens, according to a policy alert released Wednesday by US Citizenship and Immigration Services.

The rule appears to primarily affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time, a relatively small number -- estimated to be approximately 100 annually, according to a Defense Department official.

We all know policies like this are meant to target certain groups of people (i.e., lawful permanent residents), military family members are meant to be collateral damage. It was never about illegal immigration, it is about getting rid of the "undesirables", especially those immigrants who proudly serve in the US military.

 

[“Paisios”]

This angers and saddens me, and may affect my decision for whom to vote in the next election. Disgraceful.

 

[wing2000]

The rule appears to primarily affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time, a relatively small number -- estimated to be approximately 100 annually, according to a Defense Department official.

I'm not sure the article is correct with this conclusion. The rule change would apply to all children born abroad to US Citizens (employed by the government) - not just those of "naturalized US Citizens"

"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 US government employees or US service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically," said a USCIS spokesperson, referring to a section of the immigration code about residence.

In other words, automatic citizenship birthright no longer applies to children born to US employees/military service members abroad. The parent will need to apply on behalf of the child.

 

[SummerMadness]

The rule appears to primarily affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time, a relatively small number -- estimated to be approximately 100 annually, according to a Defense Department official.

I'm not sure the article is correct with this conclusion. The rule change would apply to all children born abroad to US Citizens (employed by the government) - not just those of "naturalized US Citizens"

"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 US government employees or US service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically," said a USCIS spokesperson, referring to a section of the immigration code about residence.

In other words, automatic citizenship birthright no longer applies to children born to US employees/military service members abroad. The parent will need to apply on behalf of the child.

It affects all, but the point is to target foreign-born military members, which is just plain despicable. But such vindictiveness is no longer surprising.

How many veterans are foreign-born?

As of 2016, 511,000 foreign born veterans resided in the United States, making up approximately 3 percent of the total veteran population. 82 percent (417,000) of immigrant veterans were naturalized U.S. citizens with the top two countries of birth being Mexico (83,000) and the Philippines (68,000). Other countries include Germany (33,000), Canada (31,000), Haiti (17,000), and India (15,000).

 

[“Paisios”]

In other words, automatic citizenship birthright no longer applies to children born to US employees/military service members abroad. The parent will need to apply on behalf of the child

Having experienced this already, there are significant fees and paperwork involved. I am fairly certain I don’t want to burden our service people and diplomats with such when in the service of our country. The costs can be substantial (in my family’s case ~$10000 in direct and indirect costs, as well as many months waiting for confirmation of citizenship with no right to work and significant anxiety involved), as can the separation from family while waiting many months to process (8 months in my family’s case). Not acceptable in my opinion as a voting citizen.

 

[Scholastica]

When I first saw the headline I couldn't help but wonder if this was Trump trying to retroactively deprive John McCain of citizenship.

 

[JohnAshton]

Unacceptable and will be challenged in court.

 

[hedrick]

I’d think they would have a hard time finding diplomatic staff.

 

[Aryeh Jay]

Unacceptable and will be challenged in court.

The Federal Courts that President Trump appoints the judges too?

 

[JohnAshton]

That means nothing, and the judges may well not be Trump appointees. Kavanaugh and Gorsuch have disappointed the Pres already, so I encourage you to keep your eye on it.

I see you are a veteran, too: good on you.

 

[Nithavela]

Serves them right for deciding to serve their country. How naive can you be?

 

[KCfromNC]

Serves them right for deciding to serve their country. How naive can you be?

They knew what they signed up for ...

 

[RDKirk]

Inasmuch as both of my children were born while I was assigned overseas with my wife, this comes as a shock to me.

Having children while overseas is kind of a "thing" because service dependent wives don't have much of a choice of daily activities beyond being a stay-at-home mom. So this affects a lot of people.

When my children were born, certifying their citizenship took only a trip to the US consulate with their local national birth certificates with my wife's passport, my military ID and getting the automatic "American citizen born abroad" certificate. My children need both documents to prove birth birth, although the also maintain their passports to do the same thing.

 

[hedrick]

I've read several stories, as well as the actual policy document, and I have to say I'm still not sure what's going on. Most of the stories understand the policy as applying only to people who haven't been resident in the US for 5 years before going overseas. Apparently it's intended as an attack on naturalized citizens, but it would probably also catch people who were born overseas and didn't come back to the US.

The Constitutional definition talks about those born in the US. It appears that it's a law that defines what happens to people born outside the US, and laws are open to interpretation.

I had always thought that the Constitution protected against the government arbitrarily treating one group of people differently because the President doesn't like them. It will be interesting to see whether the Supreme Court agrees with this.

The next battle will be over those born in the US from undocumented parents. The Constitution seems clear, but there's a loophole in the wording.

 

[JohnAshton]

More reason to vote for a Dem candidate.

 

[Mountainmanbob]

Citizenship will no longer be automatic for children of some US military members living overseas


We all know policies like this are meant to target certain groups of people (i.e., lawful permanent residents), military family members are meant to be collateral damage. It was never about illegal immigration, it is about getting rid of the "undesirables", especially those immigrants who proudly serve in the US military.

Just plain ridiculous.
Who makes this stuff up?
And who would really believe it?
TRUMP BIG SUPPORTER
OF OUR ARMED SERVICES.
Everybody knows that.
Hope this plays right up till 2020.
M-Bob

 

[Speedwell]

Just plain ridiculous.
Who makes this stuff up?

In this case it was the US government who "made it up."
USCIS Policy Manual Update

 

[RDKirk]

Just plain ridiculous.
Who makes this stuff up?
And who would really believe it?
TRUMP BIG SUPPORTER
OF OUR ARMED SERVICES.
Everybody knows that.
Hope this plays right up till 2020.
M-Bob

Trump is a big supporter of defense contractors.

If he were a big supporter of the armed services, he would not be taking money away from military retirement and military operations funding to build his wall.

 

[RDKirk]

At this point, Cuccinelli has finally made it clear in UNOFFICIAL channels:

USCIS Acting Director Ken Cuccinelli said in a statement to Military.com.

"This does not impact birthright citizenship. This policy update does not deny citizenship to the children of U.S. government employees or members of the military born abroad," Cuccinelli said.

But the issue is still cloudy as far as what has been published officially--that is, what a bureaurcrat in a USCIS office is looking at to make decisions about people.

 

[wing2000]

At this point, Cuccinelli has finally made it clear in UNOFFICIAL channels:

USCIS Acting Director Ken Cuccinelli said in a statement to Military.com.

"This does not impact birthright citizenship. This policy update does not deny citizenship to the children of U.S. government employees or members of the military born abroad," Cuccinelli said.

But the issue is still cloudy as far as what has been published officially--that is, what a bureaurcrat in a USCIS office is looking at to make decisions about people.

Cuccinelli's statement does not clarify anything IMO. Does a child born on a foreign soil to a US citizen/employee have automatic birthright citizenship?