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Washington (CNN) - The Trump administration is making it difficult for the children of some US service members and US government employees living abroad to automatically become U.S. citizens, according to a policy alert published Wednesday by the Citizenship Services and US Immigration
The rule seems to primarily affect the children of naturalized U.S. citizens who serve in the military who have not lived in the U.S. over a required period of time, a relatively small number, estimated at approximately 100 per year, according to an official Department of Defense.
It does not affect anyone born in the United States.
US citizenship can be acquired in several ways, including being born in the country. Children born abroad can acquire citizenship through their US citizen parents either at birth or before age 18.
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While the most recent policy guide does not prevent anyone from being eligible for citizenship, it seems to limit how children abroad can obtain it.
“The policy change explains that we will not consider that children living abroad with their parents reside in the United States, even if their parents are employees of the United States government or members of the United States service outside the United States, and how As a result, these will no longer be considered for children to acquire citizenship automatically, ”said a USCIS spokesman, referring to a section of the immigration code on residence.
"The Department of Defense has been working closely with our DHS / USCIS colleagues regarding recent policy changes and understands that the estimated impact of this particular change is small," said a Pentagon spokesman.
A US soldier greets the flag of his country.
The updated policy directly impacts US government employees. and to service members, many of whom are temporarily assigned to positions abroad for extended periods. The policy says that children living abroad with a parent who is an employee of the US government. or a member of the US service they will not be considered “residents of the United States for the purpose of acquiring citizenship” under a section of immigration law.
Previously it would have been considered that his children lived inside and outside the United States in order to obtain citizenship. By stripping children of the former, the only way they can obtain citizenship is through a parent who requests them, while before it would have been automatic provided they meet certain requirements, said Cristóbal Ramón, senior policy analyst at the Bipartisan Policy Center.
USCIS says the policy could affect the children of legal permanent residents who naturalized after the birth of a child.
The agency cited conflicts with the definition of "residence" in immigration law, as well as conflicts with the guidance of the State Department, as a reason for the change, according to the orientation.
The political orientation generated confusion on Wednesday between military and diplomatic communities.
“Forcing (members) to cross bureaucratic obstacles (sic) for no apparent reason, just to naturalize their children as US citizens, greatly hurts people who have dedicated their lives to serving their country,” said Eric Rubin, president of the American Foreign Service Association. "Frankly, it's hard to explain and deeply worrisome."
"Military members already have enough to deal with, and the last thing they should do when they are stationed abroad is to go through this to make sure their children are US citizens," said the executive director of the Modern Military Association of States. United, Andy Blevins. "This absurd change by the Trump-Pence administration is really beyond reasonable, and we urge Congress to take measures to ensure that our military families do not suffer the consequences of a reckless administration."
A Navy officer also told CNN that the guide was injecting serious stress between military spouses. "You should go to your spouse's Facebook page and see the effects," the officer told CNN.
Immigration lawyers also had problems with the change.
“The fact that those of us who deal with immigration law all the time can read this memo and immediately point out plausible scenarios leads me to believe that it will impact some people. Impacting a person is too much, ”said Martin Lester, president of the Military Assistance Program of the American Immigration Lawyers Association, which provides immigration law services to members of the US service.
The guide arrives a few days after President Donald Trump said he was "seriously" considering ending US citizenship. However, the interim director of the USCIS, Ken Cuccinelli, said on Twitter that the policy "DOES NOT affect citizenship by birthright."
The policy change will take effect on October 29.
Alex Marquardt of CNN contributed to this report.
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