Federal immigration officials clarified Thursday that a recently announced policy change to citizenship criteria will not bar birthright citizenship from the vast majority of babies born to U.S. citizens in the military or government abroad.
The announcement followed confusion after the rollout a day earlier.
“I’d like to point out this update does not affect birthright citizenship … in the military or anywhere else in the world,” one of the U.S. Citizenship and Immigration Services officials on a briefing call told reporters Thursday.
The official, who spoke on background on the call, said the change “will only affect a handful of individuals each year” but did not specify how many. The policy will take effect Oct. 29.
On Wednesday afternoon, USCIS issued a policy guidance update that stated the children of U.S. service members and other government employees living abroad would not be entitled to U.S. citizenship because they are not “residing in the United States.”
USCIS wrote the U.S. “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,” referring to the Immigration and Nationality Act.
But the DHS agency issued additional information later Wednesday clarifying that the tweak is only relevant to children born or adopted in very limited circumstances. The policy will only affect noncitizen children adopted by citizens who work for the government or military, children of noncitizen parents who did not become citizens until after the child’s birth, and children of citizens who do not meet residency requirements.
Later on Wednesday evening, acting USCIS Director Ken Cuccinelli clarified the changes on Twitter for what he described as “folks who are going crazy rt [right] now in the media.”
Folks who are going crazy rt now in the media, no changes have been made to citizenship – statement coming shortly.
For those of you wondering what I’m talking about, … see next tweet…— USCIS Acting Director Ken Cuccinelli (@USCISCuccinelli) August 28, 2019
“Here’s the statement I promised (1/3): The policy manual update today does not affect who is born a U.S. citizen, period. It only affects children who were born outside the US and were not US citizens. This does NOT impact birthright citizenship,” Cuccinelli wrote. “(2/3) The policy update doesn’t deny citizenship to the children of US gov employees or members of the military born abroad. This policy aligns USCIS’ process with the Department of State’s procedures for these children – that’s it. Period.”
(2/3) The policy update doesn’t deny citizenship to the children of US gov employees or members of the military born abroad. This policy aligns USCIS’ process with the Department of State’s procedures for these children – that’s it. Period.
Background in next tweet…
— USCIS Acting Director Ken Cuccinelli (@USCISCuccinelli) August 28, 2019
For parents who become citizens after the child is born, they will have to apply and request citizenship for their child before he or she turns 18.
