Thank you, Keith Redmond, for sharing the trail of your correspondence with US DOS (Michele Thoren Bond, Assistant Secretary for Consular Affairs, American Citizen Services, US Department of State and Michelle and Michelle Bernier-Toth, whose DOS position is not stated, but it is implied she is an assistant to Jonathan Finer). We appreciate your asking to keep the conversation going to get through the obfuscation from DOS.
From Michelle Bernier-Toth:
Finally, with regard to your colleague’s question about “dominant and effective nationality,” this is a legal concept sometimes used by states and international dispute resolution forums to determine whether certain individuals or states are able to bring legal claims based on violations of international law. Dominant and effective nationality is an extremely fact-specific inquiry, and we do not employ a general definition of the concept in the international claims context in which it arises.
Keith Redmond’s response:
Good Morning –
Though I do not agree with the way in which the US government (and in this case the US State Department) is handling (i.e. not handling) the situation which is adversely affecting the live of citizens of other countries (e.g. French citizens) who have the undesirable US citizenship because of their parent’s unintentional error in having their child on US soil, I sincerely appreciate your responses and would like to keep the dialogue open as I am working with those living the “nightmare reality” on the ground at the hands of the US government. It is important to note that these individuals cannot live normal lives DIRECTLY as a result of the ACTIONS of the US government and in my opinion, as an American, it is shameful what our country is doing to this population and quite frankly does not care.
It is important to note that the trend is for other countries (e.g. France, Israel, Canada, The Netherlands, Italy, etc.) to realise what is being done and to push back on the US government through the appropriate channels (e.g. diplomatic). This problem is not going away and is getting worse until the US government acknowledges the serious hardships it has created globally.
As an American who is focused on these injustices, the fight shall continue for the civil rights of these populations.
(Thanks to JC and badger suggesting better visibility in its own post here at IsaacBrockSociety.ca).
Re: the US did not sign: Convention on Certain Questions Relating to the Conflict of Nationality Law.
Other nations did sign this. Other nations should not accept that US nonsigning trumps their signing for persons resident within their borders!
It is another sign of US disrespect for the laws of other sovereign countries.