The Foreign Service Journal, September 2013

THE FOREIGN SERVICE JOURNAL | SEPTEMBER 2013 75 AFSA NEWS AFSA CONSTRUCT I VE D I SSENT AWARDS : THE W. AVEREL L HARR IMAN AWARD Between August 2010 and July 2012, James Rider and his supervisor, Shane Myers, both FSOs in Caracas, respectfully and repeatedly dissented with lawyers in the O ce of Overseas Citizens Services over the Depart- ment of State’s interpreta- tion of the Child Citizenship Act of 2000 as implemented via 7 FAM 1159.1. The Child Citizenship Act grants citizenship to chil- dren of U.S. citizens whose parents cannot otherwise transmit citizenship to them. Mr. Rider unearthed funda- mental differences in their interpretations of the CCA between the department and the U.S. Citizenship and Immigration Services. PERS I STENT D I SSENT Persistent dissent to the O ce of Policy Review and Interagency Liaison on this issue ultimately resulted in a cable clarifying the law’s key term, “residency.” Prior to this clarification, children overseas who never would have qualified had their parents applied in the United States were being granted U.S. citizenship. After adjudicating hundreds of cases whereby U.S. citizen parents lacking enough “physical presence” in the United States to transmit citizenship availed themselves of this loophole, Mr. Rider exhaustively inves- tigated the law’s origins and why the interpretations of the law had diverged. BAD FOR OUR COUNTRY “I dissented for multiple reasons,” Rider explains. “First, the department’s interpretations of the law didn’t make sense. Second, its interpretations created more work for everyone involved. Third, State’s interpretation was directly the opposite of how our partner agency, the USCIS, interpreted the same law. Fourth, and most important, I thought the department’s interpretation of the law was bad for our country and too influenced by lobbying groups representing Ameri- cans living abroad.” James T. Rider’s con- stant dissent, supported by Mr. Myers, brought about a consistent interpretation of a crucial piece of U.S. law. Now prospective U.S. citi- zens and their parents can be assured of clear, coordinated Speak Up, Dissent and Argue: It’s What James T. Rider Did responses to their applica- tions. REASONED D I SSENT Rider and Myers have proven that reasoned dis- sent can have a remarkable impact, particularly when a supervisor supports an initial dissent of his supervisee and contributes his energy and experience to improve the dissent and carry it through to resolution. When asked, “Why did you do what you did,” Rider responded, “I’m proud to work for the Department of State and to be able to serve my country as a Foreign Service o cer. I dissented because I want to continue to be proud of both of these things. NO MORE S I GH I NG “It is important for all of us to speak up, dissent and argue with one another about policies that are wrong, wasteful or poorly consid- ered. Too often we just sigh and say, ‘That’s what life is like working for a government bureaucracy; there’s nothing you can do.’We should refuse to accept that.” n FOR AN ENTRY-LEVEL FOREIGN SERVICE OFFICER Brian Beckman (left) receives the W. Averell Harriman Award on behalf of his friend and colleague, James T. Rider, who was singled out for his relentless dissent regarding a loophole in U.S. citizenship law.