This Issue: USCIS Policy Memo clarifies department regulations; Does not end birthright citizenship for some children

Fri, Aug 30^th

A week ago, Pres. Trump reignited the birthright citizenship issue when he told reporters, "We're looking at that very seriously, birthright citizenship."

This is not new. You may remember that just before last year's midterm elections, the President said that he could end birthright citizenship through executive order. Birthright citizenship is the unofficial policy that grants automatic citizenship to every child born in the United States, regardless of the immigration status of the child's parents.

Earlier this week, U.S. Citizenship and Immigration Services (USCIS) issued a policy manual with the subject: "Defining 'Residence' in Statutory Provisions Related to Citizenship."

Combine that policy memo with Pres. Trump's statements a week ago, and reporters started pushing out stories about how the Trump Administration was taking steps to end birthright citizenship:

"Trump administration ends automatic citizenship for some children of military, federal workers born abroad"
Washington Post

"Federal Workers' Children Born Abroad May Not Receive Automatic Citizenship"
N.Y. Times

"Trump Admin Wants to Limit U.S. Citizenship for Kids Born Abroad"
The Daily Beast

Adding to that, the hashtag "#TrumpHatesMilitaryFamilies" was trending on Twitter for most of the day on Wednesday.

Let's be clear, if Pres. Trump was actively taking steps to end birthright citizenship, he would boast about it, Tweet about it, etc... He wouldn't sneak it into a wonky, policy memo.

DHS officials, including Acting USCIS Director Ken Cuccinelli, have done a good job over the last few days of explaining the policy, and it's become what it should have been in the first place -- a non-story.

WHAT THE MEMO SAYS

Back in 2000, Congress overwhelmingly passed the Child Citizenship Act, introduced by Rep. Lamar Smith (R-Texas), and it was signed into law by Pres. Clinton. The law clarified the requirements for receiving automatic citizenship for children born outside the United States who have U.S. citizen parents -- that includes both foreign children adopted by U.S. citizens and children born to U.S. citizens working and/or serving overseas. The law requires that these children obtain "residency" before they can receive their certificate of citizenship, which in some cases means obtaining a green card (legal permanent residence).

There were inconsistencies over the term "residency" between State and DHS, and this week's policy manual makes it consistent.

As for birthright citizenship, Pres. Trump has said on a few occasions that he would like to eliminate automatic citizenship for foreign visitors and illegal aliens. While he seems to prefer making the change through executive order, he could also get behind H.R. 140 -- one of NumbersUSA's 5 Great Bills -- that would establish requirements for receiving automatic citizenship.

Chris Chmielenski
NumbersUSA Deputy Director

The Daily Signal -- Eric responded to the North Carolina governor vetoing an anti-sanctuary cities bill: Cooper valued special interests and rejected the rule of law in vetoing the bill, said Eric A. Ruark, director of research for NumbersUSA, an organization that favors limits on immigration.

"Governor Cooper should be empowering local law enforcement to cooperate with ICE, not further exposing the people of North Carolina to criminals who never should have been here to begin with," Ruark said in a written statement provided to The Daily Signal.

"Governor Cooper claimed when vetoing the anti-sanctuary bill that it was 'unconstitutional,' but that is simply false," he said. "Courts have upheld 287(g)'s constitutionality, and state and local officers routinely assist in the enforcement of federal laws in a wide variety of areas."

Texas AG Goes To US Supreme Court In Support Of Ending DACA

Wed, Aug 28^th

The Texas Attorney General, Ken Paxton, has filed a brief with the U.S. Supreme Court in support of the Trump Administration's plan to end Deferred Action for Childhood Arrivals (DACA), as reported by KRLD Radio. AG Paxton says 12 other states have signed onto his brief. The brief says only Congress has the authority to grant lawful status to an entire class of aliens.

Federal Investigation Warns DHS About Graduate Fraud in Visa Jobs

Tue, Aug 27^th

According to a report by the Government Accountability Office, Federal agencies must work harder to prevent Indian and Chinese college graduates fraudulently getting work visas and jobs which are needed by their U.S. counterparts. The report hides most details of the GAO's investigation, partly because the profits from white-collar labor trafficking cause routine and widespread fraud. In the last few years, for example, the Department of Homeland Security had dissolved several fake universities which used fraud to get real work permits for hundreds of Indians and Chinese graduates.

Brazil Facilitates Removal of its Nationals After U.S. Pressure

Tue, Aug 27^th

Brazil is making it easier for the United States to deport unauthorized Brazilians by asking U.S. airlines to board deportees even when they have no valid passports, following pressure from the Trump administration, three Brazilian government sources said. The Federal Police sent airlines a memo in June allowing them to board Brazilian deportees with just a certificate of nationality issued by a consulate if they lack a valid passport, previously needed to travel to Brazil, the sources said.

Trump Administration Advances More Measures to Toughen Asylum Process

Tue, Aug 27^th

The Trump Administration on Monday advanced two more regulations that would toughen the United States' loophole fraught asylum process. The measures appear to target what President Donald Trump described as "rampant abuse" of the asylum system in an April memorandum.

ICE Targets 'Sanctuary' Jurisdictions in Revised Bond Guidelines

Mon, Aug 26^th

Immigration and Customs Enforcement will seek out "sanctuary" jurisdictions in revised immigration bond guidelines, according to a notice published today. ICE will change an immigration bond form to clarify that a bond will not be canceled simply because an immigrant has been held in a jurisdiction's custody for more than 30 days.