The ruling, in the case of parents who wanted their son's US passport to read 'Jerusalem, Israel' as his place of birth, said Congress intruded on the exclusive power of the executive branch in passing a 2002 law.
Congress intruded on the exclusive power of the executive branch when it passed a 2002 law requiring US consular officials to list “Israel” as the place of birth of American children born in Jerusalem, a federal appeals court ruled on Tuesday.
The decision marks a setback for American-citizen parents whose children were born in Jerusalem and who want their child’s newly-issued US passport to reflect that they were born in Israel.
Despite passage of the law, US consular officials have maintained a long-running policy of neutrality on issues touching on the disputed status of Jerusalem. Israel claims a united Jerusalem as its capital, while Palestinians want historically Arab East Jerusalem to be the capital of their future state.
Under the long-held policy, newly issued passports for newborns were to reflect simply that the child was born in “Jerusalem,” with no reference to whether that city is part of Israel, part of Palestine, or some other status.
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