Jump to content
Jason

State Department Continues Fight to Strip Gay Couple’s Two-Year-Old Son of Birthright Citizenship

Recommended Posts

Quote

Although Aiden and Ethan’s fathers, Andrew and Elad Dvash-Banks, have been married since 2010, only Andrew is an American citizen. While that would be enough for children in a heterosexual marriage to qualify for U.S. citizenship while born abroad, the State Department has held the Dvash-Bankses to a different standard, requiring the family to undergo DNA testing to establish that Aiden—but not Ethan—was the biological son of a U.S. citizen.

 

The boys’ parents sued, arguing in federal court that proving a biological connection between a child and a U.S. citizen parent isn’t required to extend birthright citizenship from a married parent to a child, and in February, the judge ruled in their favor.

 

“The basis for the State Department’s imposition of a biological requirement is its strained interpretation” of existing immigration law, U.S. District Judge John F. Walter wrote in a decision issued in February, dismissing the department’s attempts to institute a biological testing standard for the children of binational married couples “unilateral.”

 

But on Monday, the State Department appealed that decision, continuing a years-long bid to strip Ethan of his citizenship.

 

“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple. The government’s decision to try to strip Ethan of his citizenship is unconstitutional, discriminatory, and morally reprehensible,” said Aaron C. Morris, executive director of Immigration Equality, a nonprofit that advocates for LGBT people in the immigration system. Morris successfully argued in federal court that a policy requiring genetic testing for the children of same-sex binational couples created a new double standard for citizenship: one for the children of gay couples and one for the children of straight couples.

https://www.thedailybeast.com/state-department-continues-fight-to-strip-gay-couples-two-year-old-son-of-birthright-citizenship

Share this post


Link to post
Share on other sites

So basically if one parent is American and they mix sperm and the kid ends up with the American DNA then he is American, but if he ends up with the non-American DNA, he is non-American? That's some pretty petty bullshit.

Share this post


Link to post
Share on other sites

If one of the boys was neither born in America, nor the product of an American citizen, why would they be given US citizenship by birthright? It does seem like a weird fringe case that they should just drop though.

Share this post


Link to post
Share on other sites
4 minutes ago, sblfilms said:

If one of the boys was neither born in America, nor the product of an American citizen, why would they be given US citizenship by birthright? It does seem like a weird fringe case that they should just drop though.

 

Straight from USCIS, it's not a requirement that the child be the genetic offspring of an American citizen:

 

Quote
Citizenship Through Parents

There are two general ways to obtain citizenship through U.S. citizen parents: at birth, and after birth but before the age of 18. Congress has enacted laws that determine how citizenship is conveyed by a U.S. citizen parent (or parents) to children born outside of the United States.

Who May Qualify for Acquisition of Citizenship

The law in effect at the time of birth determines whether someone born outside the United States to a U.S. citizen parent (or parents) is a U.S. citizen at birth. In general, these laws require that at least one parent was a U.S. citizen, and the U.S. citizen parent had lived in the United States for a period of time. 

 

In addition, children born abroad may become U.S. citizens after birth. For information and eligibility requirements for specific time periods, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens

 

Definition of Child

 

In general, a child for citizenship and naturalization provisions is an unmarried person who is:

  • The genetic, legitimated, or adopted son or daughter of a U.S. citizen; or 
  • The son or daughter of a non-genetic gestational U.S. citizen mother who is recognized by the relevant jurisdiction as the child’s legal parent.

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 
  • The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
  • The child is under 18 years of age;
  • The child is a lawful permanent resident (LPR); and
  • The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
For more information, see the USCIS Policy Manual, Volume 12, Part H, Children of U.S. Citizens. To apply for a Certificate of Citizenship under INA 320, please see our Form N-600 page and read the instructions carefully to ensure that you qualify. For more information on the form, see our N-600 Frequently Asked Questions webpage.

https://www.uscis.gov/us-citizenship/citizenship-through-parents

 

There was an additional heading, "Children of U.S. Citizens Residing Outside the United States", but I think "Children of U.S. Citizens Residing in the United States" is the relevant header here.

 

It seems like the State Department wants to fight this on the basis that the US didn't recognize gay marriage at the time the kids were born, but it does do so now and the kids were under 18 when the law changed so it seems like it's a moot issue. The most I can see being claimed here is that one of the kids is a naturalized not natural-born citizen, but unless the kid wants to run for president one day that doesn't really matter.

Share this post


Link to post
Share on other sites
23 minutes ago, sblfilms said:

If one of the boys was neither born in America, nor the product of an American citizen, why would they be given US citizenship by birthright? It does seem like a weird fringe case that they should just drop though.

 

In the case of a straight couple, if the father were American and required an outside sperm donor for whatever medical reason, the child would be considered his biological child on the birth certificate and have birthright citizenship. Nobody would question it. It's not even worth questioning because without birthright citizenship, it would be no different than adopting a foreign child as that kid would be automatically citizenship thanks to their parent/s.

Share this post


Link to post
Share on other sites
Just now, osxmatt said:

 

 

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...