Immigration Law

Citizenship Victory: Dvash-Banks v. Pompeo

Immigration Equality, Feb. 22, 2019

"Immigration Equality and Sullivan & Cromwell LLP celebrate yesterday’s decision by a Federal Judge in Los Angeles recognizing the birthright citizenship of Ethan Dvash-Banks, the son of U.S.-citizen Andrew Dvash-Banks and his Israeli husband Elad Dvash-Banks. Two-year-old Ethan was previously denied recognition of his citizenship because of a discriminatory State Department policy requiring proof of a biological link to a U.S. citizen parent. ... “This is a huge victory for Ethan Dvash-Banks and his family,” said Aaron C. Morris, Executive Director of Immigration Equality, co-counsel for the family. “Ethan will no longer be considered the undocumented twin of his brother Aiden. Yesterday’s ruling rightfully determined that Ethan has been a U.S. citizen since birth. While this ruling did not explicitly strike down the State Department’s policy, it is a strong indication that the Department should do so on its own. We will continue to fight until all same-sex couples have their relationships fully recognized.”  In the case of Dvash-Banks v. Pompeo, the court determined that as a child born to a married U.S. citizen parent, Ethan Dvash-Banks is entitled to birthright citizenship. However, the judge’s ruling stopped short of ordering the State Department to change its discriminatory policy, that may continue to deny other families that same right. Read the full decision here."