The Trump administration said on Wednesday that the children of some U.S. military members and public servants working abroad would no longer automatically be considered U.S. citizens.
USA. Citizenship and Immigration Services (USCIS) has issued a policy overriding previous guidelines that states that children of US service members and other public servants abroad are considered "resident in the United States" and are automatically granted citizenship under a section of The Immigration and Nationality Act (INA)
The new policy guidelines state that USCIS "no longer considers children of U.S. Government employees and members of the U.S. military residing outside the United States" resident in the United States "with purpose acquisition of citizenship under INA 320. "[1
A Pentagon spokesman said in a statement to The Hill that the projected impact of the change was "small," but that the Department of Defense is working to provide greater clarity to military families.
“The DoD has been working closely with our colleagues like DHS / USCIS on recent policy changes and understands that the projected impact of this particular change is small. However, we are committed to ensuring that affected families are provided with appropriate information, resources and support during this transition, "said Pentagon spokesman Lt. Col. Carla Gleason.
" Further information is available on the military page resources from USCIS, one of the military sources and through the Legal Aid Branches as needed. "
The new policy is aimed at children seeking to acquire citizenship through what is known as the Recovery Process, a fast citizenship ck O children of US citizens.
In order to obtain citizenship, children must fulfill a residence requirement. Under the previous provisions, living abroad with their US parents fulfilled this requirement; the new rule will require this residence to be on US soil.
These children will now have to apply for citizenship under section 322 of the INA, which considers them to be born and resident outside the United States. This provision requires them to apply for naturalization, which must be completed before the age of 18.
The new policy will enter into force on October 29, according to a USCIS press release.
The change in policy provoked a reaction from immediate Democratic legislators and presidential candidates.
"This move by the administration will make it difficult for Americans serving our country abroad to have families," the rap wrote. Val Demings Valdez (Val) Venita Demings Trump Takes Victory After Mueller Lawyer Trump Lawyer: "The Case is Closed," after Mueller's Testimony Confirmed Lies by Trump Officials Hindered ] (D-Fla.). "It also emerges as an initial step toward ending citizenship with primacy, something the president has threatened to do – and which would be unconstitutional."
A USCIS official told The Hill that the policy was being updated, "because it conflicts. of the definition of 'residency' at INA, as well as INA 322 (d), which came into force in 2008 after the introduction of this policy, and applies to children residing abroad with members of the US Armed Forces , as "resident outside the United States. ""
"In addition, this policy conflicts with the Department of State's leadership. Contradictory policies may lead to inconsistent decisions regarding USCIS and State Department citizenship claims and may lead to confusion as to the date on which children of U.S. employees and government employees located abroad become US citizens, "the official added.
– Rebecca Kheel Contributed
This short news was last updated at 17:32