His championing (ironically) family values and being the best friend of the Gays shines through again in Trumps latest immigration policy.

According to U.S. law, a child born outside of the U.S. is granted citizenship at birth if their parents are married and at least one is a U.S. citizen.

Last summer, the State Department issued new rules changing the department’s interpretation of the Immigration and Nationality Act the 1952  that codifies eligibility for U.S. birthright citizenship and that ignore the Constitution.

“The U.S. Department of State interprets the INA to mean that a child born abroad must be biologically related to a U.S. citizen parent. Even if local law recognizes a surrogacy agreement and finds that U.S. parents are the legal parents of a child conceived and born abroad… if the child does not have a biological connection to a U.S. citizen parent, the child will not be a U.S. citizen at birth.”

To be considered a US citizen a child’s father “must be the genetic parent of the child and meet all other statutory requirements in order to transmit US citizenship to the child at birth.”

“Even if local law recognizes a surrogacy agreement and finds that US parents are the legal parents of a child conceived and born abroad through Assisted Reproductive Technology (ART), if the child does not have a biological connection to a US citizen parent, the child will not be a US citizen at birth.”

A child may be considered “born out of wedlock” by the state department if the parents are legally married, children carried by gestational surrogates or conceived through other methods of ART.

There has already been a case of a child born in Canada being denied citizenship because the parents were a married Gay couple, but the child is considered born out of wedlock.

The child is legally theirs, with one father being biological the parents, but as one parent explained,

 “They basically take our marriage, and they say ‘It doesn’t mean anything. Your child was born out of wedlock. We were there when she was born, she took her first breaths in our arms. Make no mistake: We are her parents—we are her only parents on her only birth certificate.”

“We are now in a very, very strange scenario. We are both American citizens; we live in the US; I have a business here, Roee has his job here; we file our taxes as a married couple here… and the State Department is saying that our daughter isn’t entitled to US citizenship because she was born ‘out of wedlock.’”

The couple’s request to obtain a Consular Report of Birth Abroad for their child was refused.

Previously, in 2016, when their first son as born by surrogacy in Canada that child was granted what the second child was denied.

“This is a very clear attack on families, on American families. Denying American married couples their rights to pass their citizenship, that is flat-out discrimination, and everyone should be concerned about this.”

The policy also impacts bi-national couples who have children outside the US where one parent is a US citizen and the other is not, .
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In another case, one parent is an American citizen while his husband an Israeli citizen. To be genetically connected to their children they both fertilized an embryo, and the resulting twins’ DNA test revealed that while the American was, indeed, genetically tied to one of the twins and the Israeli parent to the other, it was decided to deny US citizenship to the latter child claiming he was “born out of wedlock.”

A judge eventually ruled in favor of both children being citizens because

“the basis for the State Department’s imposition of a biological requirement is its strained interpretation”,

But the State Department has moved to appeal the court’s decision because it just refuses to recognize the validity of the marriage.

Until the case is fully adjudicated and until there is a favorable decision, one child in the family is American while the other is Canadian.

As far as the blood test, the law requiring blood-tests was originally created so that unwed fathers would have to prove their blood relationships to their kids, but it was applied to a wedded couple because they were Gay, implying an unequal marriage.

Passport applications do not ask if a child was conceived with the help of a sperm or egg donor, something that could mean that in some cases there is no biological tie between the child and either American parent, so in practice this policy changes nothing for heterosexual married couples since it is just assumed that having carried a child to term there is a DNA connection.

DNA-testing from heterosexual couples in cases where the father is the American citizen but the mother is not is not required even though there is the possibility that the child was conceived through an extramarital dalliance which would mean that there’s no “biological connection” between the father the child.

So why check in one instance and not the other?

As it is now, the parents had to get their son a temporary visa and then a green card so that he can live in the U.S. permanently. But while the green card is being processed the visa has expired making the Canadian son an undocumented citizen who could be deported.

And in a third case the child of another same-sex bi-national married couple, born while his legally married Lesbian parents were in London and not home in the United States, was denied citizenship because the biological parent is Italian.

As a result of timing, this kid is also in need of a visa and green card or it is an undocumented person facing deportation.

If the child had been born on American soil, things would be different

If this were a straight couple, there would be no problem.

This is obviously the Trump administration not viewing the marriages of same-sex couples as equal to the marriages of heterosexual.