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Trump administration tightens citizenship rules for children of U.S. military abroad


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Trump administration tightens citizenship rules for children of U.S. military abroad

By Steve Gorman and Alex Dobuzinskis

 

2019-08-29T032030Z_1_LYNXNPEF7S06I_RTROPTP_4_JAPAN-USA-TRUMP-NAVY.JPG

A soldier takes a photo with a mobile phone as U.S. President Donald Trump speaks to military personnel aboard the USS Wasp during a Memorial Day Address in Yokosuka, south of Tokyo, Japan May 28, 2019. REUTERS/Issei Kato

 

 

(Reuters) - Some children born to U.S. citizens stationed abroad as government employees or members of the U.S. military will no longer qualify for automatic American citizenship under a policy change unveiled on Wednesday by the Trump administration.

 

Effective Oct. 29, certain parents serving overseas in the U.S. armed forces or other agencies of the federal government must go through a formal application process seeking U.S. citizenship on their children's behalf by their 18th birthday, the policy states.

 

A government fact sheet, however, listed several caveats appearing to exempt many such children from the new requirement, including those with at least one U.S. citizen parent who lived in the United States before the child's birth.

 

Currently, children born to U.S. citizens stationed by their government in a foreign country are legally considered to be "residing in the United States," thus allowing their parents to simply obtain a certificate showing their children acquired citizenship automatically.

 

But in an 11-page "policy alert," the U.S. Citizenship and Immigration Services (USCIS) agency said it found the prevailing rules contradictory and at odds with other parts of federal immigration law and State Department procedures.

 

Beyond that, the rationale for the policy revision remained unclear.

 

"It's a solution in search of a problem," Tennessee-based attorney Martin Lester, who chairs the military assistance program for the American Immigration Lawyers Association, told Reuters. He added that the scope of the change seemed fairly limited.

 

"I'm sure, to be fair, it's a relatively small number of people," Lester said.

 

Acting USCIS director Ken Cuccinelli stressed on Twitter that the new rule "does NOT impact birthright citizenship" - the doctrine - criticized by President Donald Trump - by which anyone born in the United States or its possessions automatically acquires U.S. citizenship.

 

But the change could conceivably give Trump room to argue that his administration curtailed birthright benefits that a citizen with little or no actual U.S. residency can automatically confer to their foreign-born offspring.

 

"It only affects children who were born outside the US and were not US citizens," Cuccinelli tweeted.

 

The larger American expatriate community is likewise unaffected. Children born overseas to non-military, non-government parents still automatically gain U.S. citizenship so long as at least one parent is a U.S. citizen who has previously lived in the United States for five years or more.

 

The new policy, which is not retroactive, sparked immediate consternation on the part of some organizations representing members of the armed forces.

 

"Military members already have enough to deal with, and the last thing that they should have to do when stationed overseas is go through hoops to ensure their children are U.S. citizens," said Andy Blevins, executive director of the Modern Military Association of America.

 

He urged Congress to take action to address the situation to "ensure our military families don't suffer the consequences of a reckless administration."

 

(Reporting by Steve Gorman in Los Angeles; editing by Bill Tarrant and Simon Cameron-Moore)

 

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-- © Copyright Reuters 2019-08-29
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20 minutes ago, Berkshire said:

It's strange that they're only focused on US military and US fed gov employees.  So any other American who has a child in Thailand can still get automatic US citizenship for their children.  But if you happen to work for the US Embassy or Consulate, not so.  You have to wonder why they're doing this.  Has this been such a huge problem?  I think this explains this policy best...."It's a solution in search of a problem."

 

You misunderstand the policy. US military will from now on be treated exactly the same as any other type of American expat. A US soldier's child born in Subic Bay will be deemed a US Citizen for the same reason an American Expat's child born in Bangkok is- by virtue of the father's US Citizenship. Before it happened via a different mechanism for the soldier, but there is no change in the end result. 

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17 minutes ago, usviphotography said:

 

You misunderstand the policy. US military will from now on be treated exactly the same as any other type of American expat. A US soldier's child born in Subic Bay will be deemed a US Citizen for the same reason an American Expat's child born in Bangkok is- by virtue of the father's US Citizenship. Before it happened via a different mechanism for the soldier, but there is no change in the end result. 

You may have a point.  So it's taking the automatic citizenship away from US DOD and GOV personnel to give them the same rights as US expats.  That was a nuance in the law that I did not recognize. 

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9 minutes ago, Berkshire said:
29 minutes ago, usviphotography said:

 

You misunderstand the policy. US military will from now on be treated exactly the same as any other type of American expat. A US soldier's child born in Subic Bay will be deemed a US Citizen for the same reason an American Expat's child born in Bangkok is- by virtue of the father's US Citizenship. Before it happened via a different mechanism for the soldier, but there is no change in the end result. 

You may have a point.  So it's taking the automatic citizenship away from US DOD and GOV personnel to give them the same rights as US expats.  That was a nuance in the law that I did not recognize. 

It does make me wonder whether the SECDEF, Joint Chiefs, and the SECSTATE knew about this beforehand and if they agreed.

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I don't understand why any of them are even thinking about this stuff.  Where's the harm?  What's the threat? Who gives a _____ ?

Just finding a way to jerk military folks around, and this is in what is presently an all-volunteer military service. 

 

 

 

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2 hours ago, Berkshire said:

It does make me wonder whether the SECDEF, Joint Chiefs, and the SECSTATE knew about this beforehand and if they agreed.

For the typical service member, there isn't any practical change. If anything, this is an improvement over the status quo because it gives the soldier more choice when it comes to those borderline scenarios. 

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"Children born overseas to non-military, non-government parents still automatically gain U.S. citizenship so long as at least one parent is a U.S. citizen who has previously lived in the United States for five years or more."

Not so sure about that. US expat friend's wife had their baby. He wanted to register child for SS benefits in case he died. Had to get DNA test at specific hospital to satisfy US Embassy.

If citizenship were "automatic" he wouldn't have to jump through those hoops

When will Trump and his minions decide I am no longer a US citizen because I only go back to states for maybe 3 weeks a year?

A man without a country? Or a country without a man?

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10 hours ago, samran said:

Way to treat your service men and women.

 

I do wonder how much of this however comes from his absolute contempt of John McCain who was born under this exact circumstance. 

John McCain was born in a U.S. Territory. Not the same at all. U.S. territory is the same as U.S. soil.

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10 hours ago, Berkshire said:

It's strange that they're only focused on US military and US fed gov employees.  So any other American who has a child in Thailand can still get automatic US citizenship for their children.  But if you happen to work for the US Embassy or Consulate, not so.  You have to wonder why they're doing this.  Has this been such a huge problem?  I think this explains this policy best...."It's a solution in search of a problem."

You are wrong. I went through this exact same thing. If you are here on your own accord, your children are not automatic citizens of the U.S.. In fact you have to apply to get them citizenship. It is a process.

 

Edited by Longcut
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13 minutes ago, Longcut said:

You are wrong. I went through this exact same thing. If you are here on your own accord, your children are not automatic citizens of the U.S.. In fact you have to apply to get them citizenship. It is a process.

 

Yep. A fairly easy and straightforward process. A couple of weeks after I had applied, my daughter had her Report of Birth Abroad (akin to a birth certificate), a passport, and a Social Security number.

 

However, my daughter, even though a US citizen, is not eligible to become a US President. I was overseas on my own accord, and she was not born in the US or US territory. Not a big deal as far as I'm concerned.

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11 hours ago, webfact said:

Some children born to U.S. citizens stationed abroad as government employees or members of the U.S. military will no longer qualify for automatic American citizenship under a policy change unveiled on Wednesday by the Trump administration.

trump, a coward who avoided serving his country because of alleged “bone spurs”, has no shame. 

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On 8/29/2019 at 4:04 PM, Chomper Higgot said:

A particular group impacted by this are immigrants to the US who volunteer to the military and serve overseas.

 

If they have not gained their citizenship five years before being posted overseas children they have overseas are not US citizens.

 

Thank you for your service.

"sayonara" to be screened on FOX shortly.

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A Non Citizen can enlist in the US Military(as long as he or she is a Legal Resident AKA Green Card holder). If a Non Citizen Servicemember were to have a child while serving outside of the USA then that child would not be granted citizenship.  I know this because over 30 years ago I enlsted as Resident Alien and was able to become Naturalized Citizen with the help of Military Legal Aid.

  This entire thing is a "Nothing Burger".

 

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On 8/29/2019 at 5:19 PM, Tug said:

Totally unessary nasty cruel and racist another shining example of why trump is unfit.donaldis trying to make America exclusive instead of inclusive he is unamerican 

Most of America is coming to realize.  Check out this church in Alabama and their signage....

 

[The controversial sign put on display outside the New Era Baptist Church reads on one side, “A black vote for Trump is mental illness.” The other side of the sign displays another message: “A white vote for Trump is pure racism.”]

 

https://thehill.com/blogs/blog-briefing-room/news/459416-alabama-church-posts-sign-reading-a-black-vote-for-trump-is

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Yep. A fairly easy and straightforward process. A couple of weeks after I had applied, my daughter had her Report of Birth Abroad (akin to a birth certificate), a passport, and a Social Security number.
 
However, my daughter, even though a US citizen, is not eligible to become a US President. I was overseas on my own accord, and she was not born in the US or US territory. Not a big deal as far as I'm concerned.


Your daughter can absolutely be President, assuming we’re still a republic by the time she’s old enough.
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6 hours ago, RideJocky said:

 


Your daughter can absolutely be President, assuming we’re still a republic by the time she’s old enough.

 

This topic is still debatable, being that she was born overseas, and was only conveyed US citizenship after birth (not at birth, which would be the case if she were born in the US). Until the US finds itself with a foreign born president, we will need to wait to see how the Supreme Court and/or Congress address the issue.

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This topic is still debatable, being that she was born overseas, and was only conveyed US citizenship after birth (not at birth, which would be the case if she were born in the US). Until the US finds itself with a foreign born president, we will need to wait to see how the Supreme Court and/or Congress address the issue.


While you can debate it, it’s not a debate you would win.

So had Ted Cruz been elected, he would have been barred from office?
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On 8/28/2019 at 5:36 PM, bristolboy said:

Clearly when a soldier in the US military goes abroad, it definitely reflects badly on his or her allegiance to America. And making them jump through that extra hoop to establish their child's citizenship is just Trump's way of saying "Thank you for your service."

several caveats appearing to exempt many such children from the new requirement, including those with at least one U.S. citizen parent who lived in the United States before the child's birth.

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