Bipartisan bills proposed on Capitol Hill to help children of service members overseas acquire citizenship automatically

One of the even less explainable citizenship policy changes of the Trump administration:

A bipartisan effort on Capitol Hill is underway to make the children of service members stationed overseas automatically Americans, responding to a new federal policy that forces some parents to apply for their child’s U.S. citizenship.

In August, Department of Homeland Security’s U.S. Citizenship and Immigration Services announced a new policy addressing the definition of “residence” in the Immigration and Nationality Act. It affects children of service members and civilians living abroad who did not acquire citizenship at birth or while they were living in the United States.

Under section 320 of the Immigration and Nationality Act, a child born outside the United States can automatically become a citizen if they are physically living in the United States with their parent who is a citizen. With the new policy that goes into effect Tuesday, these children will no longer be considered “residing in the United States” as they had been in the past and a parent will have to apply for their child’s citizenship before the child turns 18 years old.

When the policy was announced, President Donald Trump’s administration was criticized for its immigration policies and how the change would negatively impact military families. There was also widespread confusion about what the change actually meant and who was affected, with some initial reporting interpreting the policy to mean that military children were being denied citizenship.

On Wednesday, Sens. Tammy Duckworth, D-Ill., and Johnny Isakson, R-Ga., announced they have introduced a bill called the Citizenship for Children of Military Members & Civil Servants Act that would modify section 320 of the Immigration and Nationality Act so children of service members who are stationed overseas can automatically acquire U.S. citizenship.

“Children of Americans serving their nation abroad are just as worthy of automatic citizenship as any other children,” Duckworth said in a prepared statement. “Forcing military families to jump through bureaucratic hoops and spend hundreds of dollars applying for citizenship on behalf of their children is not right.”

The USCIS policy change would force families to pay an application fee of $1,170 per child, according to the senators’ statement.

The policy change was estimated to affect between 20 and 25 people annually, based on data compiled by the USCIS during the last five years from overseas applications with Army or Air Force Post Office and Fleet Post Office mailing addresses, according to a USCIS official in August who spoke about the issue on the condition of anonymity.

Isakson called the bill “commonsense legislation” to help military families that is overdue.

“We should be doing all we can to ease the lives of our all-volunteer force, not add needless hurdles for them and their families,” he said in the prepared statement.

A bipartisan companion bill was also introduced in the House by Jerrold Nadler, D-N.Y., and Doug Collins, R-Ga., according to the statement.

Source: Bipartisan bills proposed on Capitol Hill to help children of service members overseas acquire citizenship automatically

USA: Federal Workers’ Children Born Abroad May Not Receive Automatic Citizenship

As part of the change to limiting transmission of Canadian citizenship to the first generation abroad in 2009, the Conservative government initially applied the same limitation to the children of “crown servants” born abroad (e.g., diplomats and military), largely I believe given that the government thought that a carve-out in this case would make it politically harder to sell a significant change that applied to all Canadians.

In 2014, the exemption for crown servants was included in C-24:

Children born abroad to certain United States service members and other federal employees will no longer be granted automatic citizenship under a Trump administration policy set to take effect in October.

Parents of those children, including those born on military bases, will have to apply for citizenship on the children’s behalf before they turn 18, according to a United States Citizenship and Immigration Services policy released on Wednesday.

The policy appeared to be aimed at military families who have not lived in the United States for years. According to the immigration agency, the change would not affect the children of families with at least one parent who is an American citizen and has lived in the United States for at least five years.

It was unclear how many families the change would affect.

A spokeswoman for the Pentagon said the impact would be small, without specifying how many parents would be required to apply for citizenship for their children under the change. A spokeswoman for the citizenship and immigration agency, which oversees legal immigration, also declined to provide the number of families who would be affected.