Citizenship & naturalizationPOLICY UPDATE
Customer Service and Interpretation of 8 U.S.C. 1367 Confidentiality Protections for U.S. Citizens
U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual that interprets the confidentiality protections under 8 U.S.C. 1367 as ending at naturalization. USCIS is making this change as the previous practice of maintaining 8 U.S.C. 1367 protections beyond naturalization created burdens for some naturalized U.S. citizens. This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens. This guidance becomes effective July 12, 2024.
Effective date and application
This guidance, contained in Volume 1 of the Policy Manual, is effective July 12, 2024
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual that interprets the confidentiality protections under 8 U.S.C. 1367 as ending at naturalization. USCIS is making this change as the previous practice of maintaining 8 U.S.C. 1367 protections beyond naturalization created burdens for some naturalized U.S. citizens. This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens. This guidance becomes effective July 12, 2024.
- Explains USCIS’ interpretation that 8 U.S.C. 1367 protections terminate when a person becomes a U.S. citizen.
- Clarifies that USCIS maintains the ability to reapply 8 U.S.C. 1367 protections to naturalized citizens in certain circumstances, including if questions arise regarding citizenship eligibility.
