The Department of Homeland Security and the Department of State have outlined an amended policy regarding false claims to citizenship. From now on, a person will only be found to be inadmissible for making a false claim to citizenship if the claim was “knowingly made.” The burden of proof remains with the individual to provide an affirmative defense. Additionally, the policy states that persons who were under 18 years old at the time of making a false claim to citizenship may use their minor status as a defense based on the premise that they are unable to fully grasp their actions. This policy shift is a helpful move forward so that people are not inadvertently found to be inadmissible for mistakenly claiming to be a U.S. citizen.
