The Biden administration recently changed its interpretation of Section 301 of the Immigration and Nationality Act (INA) to recognize children born through artificial insemination or other means of assisted reproductive technology (such as surrogacy) as U.S. citizens. Previously, the government required that children be related by blood to their U.S. parents in order to obtain citizenship.
The U.S. Department of State said INA Section 301 outlines the requirements for obtaining U.S. citizenship at birth. Under the current, updated interpretation, a child can obtain U.S. citizenship as long as the child is related by blood (biologically linked) to one of the U.S. parents, even if the other parent is not a U.S. citizen. However, the interpretation does not apply to children born to unmarried parents.
The State Department says this updated interpretation and application takes into account the realities of modern families and advances in assisted reproduction technology that were not foreseen when the law was enacted in 1952, so the updated interpretation dates back to Dec. 24, 1952. This means that individuals who were ineligible for birthright citizenship in the past can now apply.
The State Department added, “This change will enable more married couples, including those using assisted reproductive technology (ART), to pass on their U.S. citizenship to their children born abroad while continuing to follow the requirements for citizenship set forth in the Immigration and Nationality Act.
However, opponents are concerned that the new law could make it easier for fraud to occur. “It would provide another loophole for the marriage fraud problem,” said Jon Feere, director of investigations at the Center for Immigration Studies.
He said, “In theory, it could allow a U.S. citizen to marry a foreign national for a sum of cash. And in exchange, that foreign citizen could use it to add a U.S. passport holder to their family.”
While the State Department is also aware of the potential for fraudulent citizenship applications or immigration benefit fraud, they said, “As with all of our reviews of citizenship and immigration benefits, the State Department will implement this policy in a manner that addresses all of the fraud issues we encounter.”
Recent Comments