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Thank You for Your Service. Sorry, Your Kids Aren’t US Citizens: Trump Changes Rules on Military Families Overseas

Imagine enlisting in the U.S. Armed Forces and being posted overseas. Perhaps you marry, have or adopt children, then try to bring your kids home to visit their grandparents for Christmas. Under a new Trump administration rule you might find out for the first time your children, born to American citizens but not born on American soil, are not U.S. citizens.
It’s an astonishing development, just the latest in President Donald Trump’s so-called “America First” brand of nationalism that, just like many of his other policies, could be most harmful to even his most ardent supporters.
The just-published rule reveals the U.S. Citizenship and Naturalization Service “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 San Francisco Chronicle’s Tal Kopan broke the news:
Today USCIS issued guidance that DHS “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” —https://t.co/IRNR21Qm4P
— Tal Kopan (@TalKopan) August 28, 2019
“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, and as a result, these children will no longer be considered to have acquired citizenship automatically,” USCIS spokesperson Meredith Parker told the military and veteran-focused news site Task & Purpose.
Here’s how one attorney explains it:
Military members and government employees, even though they were at their posts overseas, were deemed to be residing in the US for immigration purposes. That meant their kids could acquire their citizenship automatically through the looser requirements of Section 320. pic.twitter.com/Ft7fcpMytc
— southpaw (@nycsouthpaw) August 28, 2019
In late October of this year, the notice says, that deemed residency is ending, which–as I understand it–is generally going to put military and govt employees abroad in the position of proving they check all the boxes of 301(c) or applying for their children’s naturalization.
— southpaw (@nycsouthpaw) August 28, 2019
One reporter says USCIS Acting Director Ken Cuccinelli is “trying to backdoor an end to birthright citizenship.”
Whoa. Under @USCISCuccinelli, @USCIS is trying to backdoor an end to birthright citizenship with new “guidance” to make it more difficult for Americans who reside outside the United States to pass citizenship on to their children.https://t.co/U3jOB8NJNm
— Andrew Feinberg (@AndrewFeinberg) August 28, 2019
The USCIS does not say why the change is being made.
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
Image by The White House via Flickr
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