The rule appears to primarily affect the children of naturalized US citizens serving in the armed forces who have not lived in the US for a required period of time, a relatively small number -- estimated to be approximately 100 annually, according to a Defense Department official.
It does not impact anyone born in the United States.
US citizenship can be acquired a few ways, including being born in the country. Children born abroad can also acquire citizenship through their US citizen parents either at birth or before the age of 18.
While the latest policy guidance doesn't make anyone ineligible for citizenship, it appears to narrow how children abroad can gain citizenship.
"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 US government employees or US service members stationed outside of the United States, and as a result, these children will no longer be considered to have acquired citizenship automatically," said a USCIS spokesperson, referring to a section of the immigration code about residence.
"DOD has been working closely with our colleagues at DHS/USCIS regarding recent policy changes and understands the estimated impact of this particular change is small," said a Pentagon spokesperson.
The updated policy, released Wednesday, directly impacts US government employees and service members, many of whom are temporarily assigned to posts overseas for extended periods. The policy says that children living abroad with a parent who is a US government employee or US service member will not be considered to be "'residing in the United States' for purposes of acquiring citizenship" under a section of immigration law.
Previously, their children would be considered to be both living in and outside of the US for purposes of eventually gaining citizenship. By stripping the children of the former, the only way they can get citizenship is through a parent applying for them, whereas before it would've been automatic provided they meet certain requirements, said Cristobal Ramon, senior policy analyst at the Bipartisan Policy Center.
USCIS says the policy could affect children of lawful permanent residents who naturalized after a child's birth.
The agency cited conflicts with the definition of "residence" in immigration law, as well as conflicts with State Department guidance as reasons for the change, according to the guidance.
The policy announcement was met with confusion. USCIS Director Ken Cuccinelli tweeted Wednesday afternoon that "the highly technical policy manual used by career employees here as a reference was updated today to conform USCIS practices with the Dept. of State - that's it."
The policy guidance has already raised concerns among immigration attorneys.
"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 it's going to impact some number of people. Impacting one person is too many," said Martin Lester, chair of the American Immigration Lawyers Association's Military Assistance Program, which provides pro bono immigration law services to US service members.
The policy change will take effect on October 29.
This story is breaking and will be updated.
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