Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

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Orlylicious
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Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#1

Post by Orlylicious » Wed Aug 28, 2019 5:52 pm

Not sure where to put this but no good.

Trump officials say children of some service members overseas will not get automatic citizenship
BY MORGAN CHALFANT AND RAFAEL BERNAL - 08/28/19 04:26 PM EDT 1,611

The Trump administration said Wednesday that the children of some U.S. military members and government employees working overseas will no longer automatically be considered United States citizens. U.S. Citizenship and Immigration Services (USCIS) issued a policy rescinding previous guidance stating that children of U.S. service members and other government officials abroad are considered “residing in the United States” and automatically given citizenship under a section of the Immigration and Nationality Act (INA).

The new policy guidance states that 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 INA 320.” The new rule will not apply to children who acquire citizenship at birth or while residing in the United States, according to the guidance. That includes children born abroad to U.S. citizens who have resided in the United States at some point in the past five years.

A Pentagon spokeswoman said in a statement to The Hill that the estimated impact of the change is "small" but that the Defense Department is working to provide further clarity for military families. "DoD has been working closely with our colleagues as DHS/USCIS regarding recent policy changes and understands the estimated impact of this particular change is small. However, we are committed to ensuring affected families are provided the appropriate information, resources, and support during this transition," Pentagon spokeswoman Lt. Col. Carla Gleason said.

"Further information is available at the USCIS Military Resource Page, Military One Source, and via Service Legal Assistance branches as needed."

The new policy is aimed at children seeking to acquire citizenship through what is known as the derivation process, a fast-track to citizenship for children of U.S. citizens. To derive citizenship, children must fulfill a residency requirement. Under previous regulations, living in a home abroad with their U.S. citizen parents fulfilled that requirement; the new rule will require that residence to be on U.S. soil. These children will now need to apply for citizenship under Section 322 of the INA, which considers them as born and residing outside the United States. That provision requires them to apply for naturalization, which must be completed before the child turns 18.

The new policy will take effect Oct. 29, according to the USCIS notice. A USCIS official told The Hill that the policy is being updated "because it conflicts with the definition of 'residence' in the INA and also with INA 322(d), which was enacted in 2008 after this policy was instituted and refers to children who are residing abroad with members of the armed forces of the United States as 'residing outside of the United States.'"

"In addition, the current policy conflicts with the Department of State guidance. Having conflicting policies can lead to inconsistent decisions on citizenship claims by USCIS and the Department of State and can cause confusion as to the date children of U.S. service members and government employees stationed abroad become U.S. citizens," the official added.
https://thehill.com/homenews/administra ... s-will-not

New policy PDF: https://www.uscis.gov/sites/default/fil ... enship.pdf
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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#2

Post by Slim Cognito » Wed Aug 28, 2019 5:57 pm

This can't possibly stand.............can it?
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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#3

Post by Dan1100 » Wed Aug 28, 2019 6:07 pm

Maybe I am missing something, but wouldn't they be citizens by blood anyway (assuming paternity is proven)?
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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#4

Post by RTH10260 » Wed Aug 28, 2019 6:13 pm

Dan1100 wrote:
Wed Aug 28, 2019 6:07 pm
Maybe I am missing something, but wouldn't they be citizens by blood anyway (assuming paternity is proven)?
Kids brought into the marriage by the non-US spouse?

But seems a punishment for kids where the parents are long time outside the US and kids cannot attain those five years US soil residency.

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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#5

Post by bob » Wed Aug 28, 2019 6:40 pm

RTH10260 wrote:
Wed Aug 28, 2019 6:13 pm
Dan1100 wrote:
Wed Aug 28, 2019 6:07 pm
Maybe I am missing something, but wouldn't they be citizens by blood anyway (assuming paternity is proven)?
Kids brought into the marriage by the non-US spouse?
My first WAG was children from same-sex marriages and/or surrogacy and/or adoption.
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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#6

Post by RoadScholar » Wed Aug 28, 2019 11:02 pm

So... you just gonna leave it “rump Officials...?”

I mean, it’s not incorrect per se...
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Re: rump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

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Post by Slim Cognito » Wed Aug 28, 2019 11:10 pm

The T was blown away by Dorian. We will begin a search once Puerto Rico has been fully restored.
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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#8

Post by Mikedunford » Wed Aug 28, 2019 11:31 pm

RTH10260 wrote:
Wed Aug 28, 2019 6:13 pm
Dan1100 wrote:
Wed Aug 28, 2019 6:07 pm
Maybe I am missing something, but wouldn't they be citizens by blood anyway (assuming paternity is proven)?
Kids brought into the marriage by the non-US spouse?

But seems a punishment for kids where the parents are long time outside the US and kids cannot attain those five years US soil residency.
I drilled through the change as best as I could. It doesn't seem to affect many at all - mostly, it looks like it would affect cases where one parent is a new citizen and the other a noncitizen, or where both are new citizens. And even then, it leaves one of the two pathways fully open for those children - the current reading that they've changed is a bit strained (mostly to make things easier for military/civil service families). It's the kind of thing where any other administration, I'd be fairly comfortable saying this isn't a huge deal. Given this administration, I'll wait for the views of those more knowledgable about immigration law than me.
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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#9

Post by realist » Thu Aug 29, 2019 8:08 am

The claim is what it essentially does is redefine “residence.”

But here’s the danger I see. While this does not (yet) affect birth in the U.S., I see it as the precursor to Trump’s desire to do so, and because this has been done by a “policy change” (if it stands) he will be emboldened to believe he can eliminate birthright citizenship by simple EO, which he’s already claimed he can.
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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#10

Post by Chilidog » Thu Aug 29, 2019 8:19 am

Won't this negatively impact the military's ability to retain experienced and qualified people?

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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#11

Post by Orlylicious » Thu Aug 29, 2019 10:19 pm

:lol: It was rump on purpose, I never use his last name. When HRC called him "donald" in the 1st debate, that was it for me. But since it's the rump administration, had to do it. And it's suitable, Donald is a rump. Guess it could be Donald's Officials...
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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#12

Post by Jeffrey » Thu Aug 29, 2019 10:31 pm

Chilidog wrote:
Thu Aug 29, 2019 8:19 am
Won't this negatively impact the military's ability to retain experienced and qualified people?
He's sacrificing the military vote for strategic purposes.

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Re: Trump Officials say Children of some Service Members Overseas will not get Automatic Citizenship

#13

Post by MsDaisy » Thu Aug 29, 2019 10:46 pm

As the military wife of an active duty soldier I gave birth to a son while stationed in Japan in 1980. Unfortunately the little beasty was born first and then we went to the hospital. Having not been born in the actual facility the military (even then) were not allowed to issue birth certificates. We had to go to the American Embassy in Tokyo with copies of both our original birth certificates, and copies of his military orders to get a birth certificate for our son. This took over 3 months to do back then. doG only knows how bad it will be now… :?
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