DHS Memo to USCIS and ICE OPLA on False Citizenship Claims by Children

Memo from DHS to USCIS Office of the Chief Counsel (OCC) and the ICE Office of the Principal Legal Advisor (OPLA) on the knowledge and legal capacity elements of false citizenship claims by children, obtained through a FOIA request. The memo concludes that an individual is not inadmissible under INA §212(a)(6)(C)(ii) if, at the time of the misrepresentation, the individual (1) mistakenly believed he or she was a U.S. citizen, or (2) was under 18 years of age and lacked the legal capacity to make a false claim of U.S. citizenship. Courtesy of Nancy Falgout.