USCIS Updates Guidance on Custody for Children Acquiring U.S. Citizenship Amidst Trump’s Deportation Plans

On November 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance regarding the legal and physical custody requirements for children acquiring U.S. citizenship. This update comes at a critical time as President-elect Donald Trump has vowed to implement a significant crackdown on immigration, including mass deportations and the reinstatement of his controversial travel ban on people from certain majority-Muslim countries.

Trump’s plan to deport millions of undocumented immigrants has sparked intense preparation from immigration advocacy groups and Democratic leaders. These groups are pre-drafting lawsuits that could be filed as soon as Trump takes office, aiming to disrupt his deportation plans. California Attorney General Rob Bonta has indicated that his team has been preparing for months, drafting briefs on various immigration issues, including mass deportations, birthright citizenship, and Deferred Action for Childhood Arrivals (DACA).

The USCIS guidance on custody is part of the ongoing efforts to clarify and streamline the process for children to acquire U.S. citizenship, which may become even more critical given the potential legal challenges ahead. The guidance outlines the specific requirements for legal and physical custody that must be met for a child to qualify for U.S. citizenship through their parents.

Immigration advocates, including the American Civil Liberties Union (ACLU), are also gearing up for legal battles, having learned from the challenges posed by Trump’s first term. The ACLU’s Lee Gelernt expressed concerns that the upcoming Trump administration could be worse for immigrants than the first, given the increased polarization and the Trump team’s extensive preparation for implementing anti-immigrant policies).