Trump Admin Tries Revoking Child's Citizenship Because of Gay Dads

[left-of-center2012]

The State Department under the Trump Administration is stopping the baby of a married gay couple from coming home with his parents from Canada. They are challenging the longstanding court decision that says that if a child’s parent is an American citizen, then so is that child.

Ethan Dvash-Banks was born in Canada, and one of his fathers, Andrew Dvash-Banks, has dual citizenship in the United States and Canada. Ethan was born in Toronto via a surrogate in 2016. Andrew’s sperm was used ... When the couple tried to move to the United States, they found that the State Department was blocking them.

Trump’s State Department is trying to appeal a ruling that forces the government to treat gay and straight married couples alike.

A federal judge already ruled that the State Department’s actions in this case were wrong, writing that they were only doing this because of “its strained interpretation” of immigration law.

Andrew C. Morris, who is the Executive Director of Immigration Equality, echoed the judge’s sentiments, saying:

“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple. The government’s decision is unconstitutional, discriminatory, and morally reprehensible.”

https://hillreporter.com/trump-admin-tries-revoking-childs-citizenship-because-of-gay-dads-35273

[tblue37]

1. K&R for visibility. nt

[secondwind]

2. K&R.

[Initech]

3. God damn this administration.

[Docreed2003]

4. K&at for exposure

[Freethinker65]

5. JFC

[House of Roberts]

6. They're anchored in Canada...

and they want to move HERE?

The reason must be a humdinger.

[Solly Mack]

7. K&R

Cruel, sick fucks.

[iluvtennis]

19. Ditto.

[SammyWinstonJack]

8. They want to move here from Canada.

[walkingman]

10. If I was a young person I would be on my way to Canada in a heartbeat.

[IronLionZion]

9. Might be better for them to stay in Canada if they can until we elect a Dem president here

since this administration is going to be spiteful and vindictive to people

[JI7]

11. will the good non bigots who supported Trump over economic anxiety come out against this ?

[andym]

12. Probably not.

because they are typically selfish and/or fearful folks who only care about their own bank account.

[ck4829]

25. No, they won't. Cowards.

[John Fante]

27. All five of them? Probably not.

[struggle4progress]

13. Andrew is a U.S. citizen who grew up in Los Angeles. He moved to Israel to work and ..

met Elad ... Andrew i.. and Elad chose to move to Canada, where they were able to legally marry ... There, they had twin sons, Ethan and Aiden, through surrogacy ... Because one son was conceived with the sperm of one father and the other son with the sperm of the other .. one of these .. twins is .. treated .. as a U.S. citizen while the other was forced to enter the U.S. on a tourist visa ...

Meet the Dvash-Banks Family
https://www.immigrationequality.org/dvashbanks/#.XNjtDiMrK-U

[struggle4progress]

14. Victory in court rebukes State Department.

By Meagan Flynn February 22

... when the dads and their sons moved from Canada to Los Angeles months after the boys were born, the twins came across the border differently ...

... the U.S. Consulate in Toronto didn’t treat the twins the same, because it treated their parents differently: Andrew is a U.S. citizen, but Elad is an Israeli national. Under birthright citizenship laws, children born abroad to one American parent can typically qualify as a citizen. But not in this case. The Consulate wanted Andrew and Elad to submit to DNA testing — seeking proof of Andrew’s blood relationship to their children ...

... after a stressful and uncertain couple of years for the parents and 2-year-old twins, a federal judge ruled that Ethan should have been granted citizenship from birth — and that there was nothing in federal citizenship law to support the State Department’s policy for resorting to DNA testing ...

U.S. District Judge John F. Walter ... cited three .. court cases between 2000 and 2018 involving married heterosexual couples whose children were initially denied citizenship because the American parent lacked a biological connection to the child. The government lost all three times ...

https://www.washingtonpost.com/nation/2019/02/22/one-twin-was-citizen-other-undocumented-victory-court-their-same-sex-parents-rebukes-state-dept/?utm_term=.295f5dd60def

[mountain grammy]

15. Christian fanatics have taken over America.

[ck4829]

24. Only because we let them

[Totally Tunsie]

16. There is no bottom to this administration. When you think their actions

can get no worse, tRump and his minions prove you wrong again. This is beyond absurd, and is indescribably shameful.

I weep for what this nation is becoming under tRump. Despicable.

[johannsyah]

17. suddenly all the pro lifers are silent about this

[ck4829]

23. +1

[struggle4progress]

18. U.S. appeals ruling

May 7, 2019, 3:18 PM EDT
By Tim Fitzsimons

“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple," said Aaron Morris, executive director of Immigration Equality ...

Morris noted that this is settled law in the 9th Circuit Court of Appeals, which "has already established that citizenship may pass from a married parent to a child regardless of whether or not they have a biological relationship.”

Morris noted that the underlying constitutional principle at stake is: “Do you have the right to have your marriage recognized as a same-sex couple, just like all other couples?”

“That was a question answered by Windsor and Obergefell since 2015, that there is a constitutional right to marriage and to have that right recognized regardless of the gender of the person you marry,” Morris said ...

https://www.nbcnews.com/feature/nbc-out/u-s-appeals-ruling-granted-gay-couple-s-son-citizenship-n1002916

[struggle4progress]

20. Administration files appeal

By John Riley on May 8, 2019

... the State Department appealed that decision ...

... guidance on its website states that it interprets the Immigration and Nationality Act of 1965 as providing that “a child born abroad must be biologically related to a U.S. citizen parent…in order for the child to acquire U.S. citizenship at birth.”

In his earlier decision, Walter called that interpretation “strained,” noting that such a requirement was neither approved by Congress, nor did it come about through the normal rule-making process requiring public notice and comment ...

https://www.metroweekly.com/2019/05/state-department-appeals-decision-granting-citizenship-to-gay-binational-couples-son/

[TruckFump]

26. So the Feddies are saying that a child adopted by US citizens who...

...have no biological relationship to the adopted child, then the child is NOT a U.S. citizen? That would be the "logical" result of the bullshit they are arguing.

What total bullshit. Every state law I know of treats adopted and bio children totally the same under the law. The Feddies, as usual, are full of crap.

I practiced family law for many, many years and I can and will verify that the govt's position is laughable and sick...both at the same time.

Thanks for letting us know the "logic" behind their position. FFS.

[Ligyron]

21. They can have my citizenship, I'll trade with 'em if Trump wins 2020

I'd love to move to Canada at that point!

[ck4829]

22. K&R