Article I, section 8, clause 4 of the
United States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
expressly gives the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
the power to establish a uniform rule of
naturalizationNaturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from,
citizenshipCitizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
of the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The requirements have become more explicit since the ratification of the
Fourteenth AmendmentThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the Constitution, with the most recent changes to
statutoryA statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
law having been made by the United States Congress in 2001.
Rights of citizens
Adult citizens of the United States who are residents of one of the 50
statesA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
have the right to participate in the political system of the United States, as well as their state and local governments (with most
statesA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
having restrictions on voting by persons convicted of
feloniesA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), to be represented and protected abroad by the United States (through U.S. embassies and consulates), and to reside in the United States and certain territories without any
immigrationImmigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
requirements.
Responsibilities of citizens
Some U.S. citizens have the obligation to serve in a
juryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, if selected and legally qualified.
Citizens are also required (under the provisions of the
Internal Revenue CodeThe Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
) to pay
taxTo tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es on their total income from all sources worldwide, including income earned abroad while residing abroad. Under certain circumstances, however, U.S. citizens living and working abroad may be able to reduce or eliminate their U.S. federal income tax via the Foreign Earned Income Exclusion and/or the Foreign Tax Credit.
U.S. taxes payable may be alternatively reduced by
credits for foreign income taxesIncome tax systems that tax residents on worldwide income generally offer a foreign tax credit to mitigate the potential for double taxation. The credit may also be granted in those systems taxing residents on income that may have been taxed in another jurisdiction...
regardless of the length of stay abroad. The United States Government also insists that U.S. citizens travel into and out of the United States on a U.S. passport, regardless of any other nationality they may possess.
Male U.S. citizens (including those living permanently abroad and/or with dual U.S./other citizenship) are required to register with the
Selective Service SystemThe Selective Service System is a means by which the United States government maintains information on those potentially subject to military conscription. Most male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25 are required by law to have registered within 30 days of...
at age 18 for possible
conscriptionConscription in the United States has been employed several times, usually during war but also during the nominal peace of the Cold War...
into the
armed forcesThe United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
. Although no one has been drafted in the U.S. since 1973, draft registration continues for possible reinstatement on some future date.
In the
Oath of CitizenshipThe United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens...
, immigrants becoming naturalized U.S. citizens swear that when required by law they will bear arms on behalf of the United States, will perform noncombatant service in the U.S. Armed Forces, and will perform work of national importance under civilian direction. In some cases, the USCIS allows the oath to be taken without the clauses regarding the first two of these three sworn commitments.
Acquisition of citizenship
There are various ways a person can acquire United States citizenship, either at birth or later on in life.
Birth within the United States
Section 1 of the
Fourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
provides that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
In the case of
United States v. Wong Kim ArkUnited States v. Wong Kim Ark, , was a United States Supreme Court decision that set an important legal precedent about the role of jus soli as a factor in determining a person's claim to United States citizenship...
, , the Supreme Court ruled that a person becomes a citizen of the United States at the time of birth, by virtue of the first clause of the 14th Amendment, if that person:
- Is born in the United States
- Has parents that are subjects of a foreign power, but not in any diplomatic or official capacity of that foreign power
- Has parents that have permanent domicile and residence in the United States
- Has parents that are in the United States for business
The Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the 14th Amendment, although it has generally been assumed that they are.
Birth abroad to two United States citizens
A child is automatically granted citizenship in the following cases:
- Both parents were U.S. citizens at the time of the child's birth
- The parents are married
- At least one parent lived in the United States prior to the child's birth. INA 301(c) and INA 301(a)(3) state, "and one of whom has had a residence."
The FAM (Foreign Affairs Manual) states "no amount of time specified."
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship to have their citizenship recognized.
Birth abroad to one United States citizen
A person born on or after November 14, 1986, is a U.S. citizen if all of the following are true (different rules apply if child was born out-of-wedlock):
- The person's parents were married at time of birth
- One of the person's parents was a U.S. citizen when the person in question was born
- The citizen parent lived at least five years in the United States before the child's birth
- A minimum of two of these five years in the United States were after the citizen parent's 14th birthday.
INA 301(g) makes additional provisions to satisfy the physical-presence requirements for periods citizens spent abroad in “honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization”. Additionally citizens who spent time living abroad as the “dependent unmarried son or daughter and a member of the household of a person” in any of the previously mentioned organizations can also be counted.
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have a record of citizenship. Such documentation is often useful to prove citizenship in lieu of the availability of an American birth certificate.
Different rules apply for persons born abroad to one U.S. citizen before November 14, 1986. United States law on this subject changed multiple times throughout the twentieth century, and the law is applicable as it existed at the time of the individual's birth.
For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true (except if born out-of-wedlock):
- The person's parents were married at the time of birth
- One of the person's parents was a U.S. citizen when the person was born
- The citizen parent lived at least ten years in the United States before the child's birth;
- A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.
For persons born out-of-wedlock (mother) if all the following apply:
- the mother was a U.S. citizen at the time of the person’s birth and
- the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. (See link for those born to a U.S. father out-of-wedlock)
Adoption
The Child Citizenship ActThe Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire United States citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship...
(CCA), which went into effect on February 27, 2001, amends the Immigration and Nationality Act (INA) to provide U.S. citizenship to certain foreign-born children—including adopted children—of U.S. citizens.
Naturalization
A person who was not born a U.S. citizen may acquire U.S. citizenship through a process known as naturalization.
Eligibility for naturalization
To become a naturalized United States citizen, one must be at least eighteen years of age at the time of filing, a legal permanent resident of the United States, and have had a status of a legal permanent resident in the United States for five years before they apply (this requirement is reduced to three years if they (a) acquired legal permanent resident status, (b) have been married to and living with a citizen for the past three years and (c) the spouse has been a U.S. citizen for at least three years prior to the applicant applying for naturalization.) They must have been physically present for at least 30 months of 60 months prior to the date of filing their application. Also during those 60 months if the legal permanent resident was outside of the U.S. for a continuous period of 6 months or more they are disqualified from naturalizing (certain exceptions apply for those continuous periods of six months to 1 year). They must be a "person of good moral character", and must pass a test on United States history and government
Most applicants must also have a working knowledge of the English language. There are exceptions, introduced in 1990, for long-resident older applicants and those with mental or physical disabilities.
Citizenship test
Applicants for citizenship are asked ten questions, and must answer at least six with the expected answers. U.S. Citizenship and Immigration Services has published a list of 100 sample questions (with the answers that should be given when taking the test), from which the questions asked are always drawn. The full list of questions is in the "A Guide to Naturalization," available for free from the USCIS.
New naturalization test and interview
There is a new naturalization test that is being used for all N-400 applications filed on or after October 1, 2008.
If the applicant filed the N-400 application before October 1, 2008 then the applicant may choose to take the new test or the old test.
The new test examines the applicant's knowledge of American society and the English language. Sample questions and answers are published by the USCIS in
EnglishEnglish is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
,
SpanishSpanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
, Chinese,
TagalogTagalog is an Austronesian language spoken as a first language by a third of the population of the Philippines and as a second language by most of the rest. It is the first language of the Philippine region IV and of Metro Manila...
,
VietnameseVietnamese is the national and official language of Vietnam. It is the mother tongue of 86% of Vietnam's population, and of about three million overseas Vietnamese. It is also spoken as a second language by many ethnic minorities of Vietnam...
and
AzerbaijaniAzerbaijani or Azeri or Torki is a language belonging to the Turkic language family, spoken in southwestern Asia by the Azerbaijani people, primarily in Azerbaijan and northwestern Iran...
.
Besides passing the citizenship test: citizenship applicants must also satisfy other specific requirements of naturalization to successfully obtain U.S. citizenship.
An applicant will also be required to submit to an in-person interview.
Eligibility for public office
A person who becomes a U.S. citizen through naturalization is not considered a natural born citizen. Consequently, naturalized U.S. citizens are not eligible to become
President of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
or
Vice President of the United StatesThe Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
, which would ordinarily be the case as established by the
Presidential Succession ActThe Presidential Succession Act establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office." The current Presidential Succession Act...
. For example, though the Secretary of Commerce and the Secretary of Labor are tenth and eleventh in the presidential line of succession,
Elaine ChaoElaine Lan Chao served as the 24th United States Secretary of Labor in the Cabinet of President George W. Bush from 2001 to 2009. She was the first Asian Pacific American woman and first Chinese American to be appointed to a President's cabinet in American history. Chao was the only cabinet...
and
Carlos GutierrezCarlos Miguel Gutierrez is an American former CEO and former U.S. Cabinet Member who is currently a Vice Chairman of Citigroup's Institutional Clients Group. He has previously served as the 35th U.S. Secretary of Commerce from 2005 to 2009...
(respectively former U.S. Secretaries of Labor and Commerce under President
George W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
) would have been unable to succeed to the presidency because they became U.S. citizens through naturalization. The highest-ranking naturalized citizens to have been excluded from the Presidential Line of Succession were
Henry KissingerHeinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...
and
Madeleine AlbrightMadeleine Korbelová Albright is the first woman to become a United States Secretary of State. She was appointed by U.S. President Bill Clinton on December 5, 1996, and was unanimously confirmed by a U.S. Senate vote of 99–0...
, each of whom would have been fourth in line as
Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
had they been natural born citizens.
Whether this restriction applies to children born to non-U.S. citizens but adopted as minors by U.S. citizens is a matter of some debate, since the Child Citizenship Act of 2000 is ambiguous as to whether acquisition of citizenship by that route is to be regarded as naturalized or natural-born. Those who argue that the restriction does not apply point out that the child automatically becomes a citizen even though violating every single requirement of eligibility for naturalization, and thus the case falls closer to the situation of birth abroad to U.S. citizens than to naturalization. This interpretation is in concert with the wording of the
Naturalization Act of 1790The original United States Naturalization Law of March 26, 1790 provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were "free white persons" of "good moral character". It thus left out indentured...
, that "the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens", which does not draw a distinction between biological children and adopted children, even though the process of adoption was certainly well known at the time.
Some argue that the phrase "natural born citizen" describes a category of citizenship distinct from that described by the phrase "U.S. Citizen" in
Article Two of the United States ConstitutionArticle Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
, and this was discussed during the constitutional convention of 1787. While it is true that "natural born citizen" is not defined anywhere within the text of the Constitution and that the Constitution makes use of the phrase "citizen" and "natural born citizen," Supreme Court Decisions from
United States v. Wong Kim ArkUnited States v. Wong Kim Ark, , was a United States Supreme Court decision that set an important legal precedent about the role of jus soli as a factor in determining a person's claim to United States citizenship...
to the present have considered the distinction to be between natural-born and naturalized citizenship.
Most legal scholars believe that the phrase "natural born citizen" is derived from the works of
William BlackstoneSir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
and depends on the legal doctrine of
Jus soliJus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
. For example, in her 1988 article in the Yale Law Journal, Jill Pryor wrote, "It is well settled that 'native-born' citizens, those born in the United States, qualify as natural born."
An April 2000 CRS report by the
Congressional Research ServiceThe Congressional Research Service , known as "Congress's think tank", is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a...
, asserts that most constitutional scholars interpret the phrase "natural born citizen" as including citizens born outside the United States to parents who are U.S. citizens under the “natural born” requirement.
Chester Arthur (born of an American mother and Irish father, purported birthplace of Canada) was sworn in as President, however his status as a "Natural born citizen" was challenged because he was born with British citizenship (therefore not
jus sanguinis) and it is contended, on foreign soil (therefore not
jus soli). Some argue that those born abroad to U.S. citizens are not eligible to ascend to the Presidency (not
jus soli), since an act of the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
such as the Naturalization Act may not overrule the Constitution (see "Natural born citizen" as presidential qualification). Presidential candidates
George W. RomneyGeorge Wilcken Romney was an American businessman and Republican Party politician. He was chairman and CEO of American Motors Corporation from 1954 to 1962, the 43rd Governor of Michigan from 1963 to 1969, and the United States Secretary of Housing and Urban Development from 1969 to 1973...
(born in Mexico),
Barry GoldwaterBarry Morris Goldwater was a five-term United States Senator from Arizona and the Republican Party's nominee for President in the 1964 election. An articulate and charismatic figure during the first half of the 1960s, he was known as "Mr...
and
John McCainJohn Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
(born in U.S. territories), were never seriously challenged on the basis of their "natural born" citizenship, but no candidate falling under this classification has ever actually become President.
Expeditious naturalization of children
Effective April 1, 1995, a child born outside the U.S. to a U.S. citizen parent, if not already a citizen by birth because the parent does not meet the residency requirement (see above), may qualify for expeditious naturalization based on the physical presence of the child's grandparent in the U.S. In general the grandparent should have spent five years in the U.S., at least two of which were after the age of 14.
The process of naturalization, including the
oath of allegianceThe United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens...
, must be completed before the child's 18th birthday. It is not necessary for the child to be admitted to the U.S. as a lawful permanent resident.
Child Citizenship Act of 2000
Effective February 27, 2001, the
Child Citizenship Act of 2000The Child Citizenship Act of 2000 is a United States federal law that allows certain foreign-born, biological and adopted children of United States citizens to acquire United States citizenship automatically. These children did not acquire U.S. citizenship at birth, but they are granted citizenship...
provided that a non-U.S. citizen child (aged under 18) with a U.S. citizen parent, and in the custody of that parent, automatically acquired U.S. citizenship.
To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law, and must also meet the following requirements:
- The child has at least one United States citizen parent (by birth or naturalization)
- The child is under 18 years of age
- The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent
- The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status
- An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law
Dual citizenship
Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme
Court of the United States has stated that dual citizenship is a "status long recognized in the law"
and that "a person may have and exercise rights of nationality in two countries and be subject to
the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without
more mean that he
renouncesRenunciation is a voluntary act of relinquishing one's citizenship . It is the opposite of naturalization whereby a person voluntarily acquires a citizenship, and related to denaturalization where the loss of citizenship is not voluntary, but forced by a state.-Historic practices:The old common law...
the other," (
Kawakita v. U.S., 343 U.S. 717) (1952). In
Schneider v. RuskSchneider v. Rusk, 377 U.S. 163 , was a United States Supreme Court case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the Fifth Amendment.-Background:...
377 U.S. 163 (1964), the US Supreme Court ruled that a naturalized U.S. citizen has the right to return to his native country and to resume his former citizenship, and also to remain a U.S. citizen even if he never returns to the United States.
The Immigration and Nationality Act (INA) neither defines dual citizenship nor takes a position for it
or against it. There has been no prohibition against dual citizenship, but some provisions of the
INA and earlier U.S. nationality laws were designed to reduce situations in which dual citizenship
exists. Although naturalizing citizens are required to undertake an
oathThe United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens...
renouncing previous allegiances, the oath has never been enforced to require the actual termination of original citizenship.
Although the U.S. Government does not endorse dual citizenship as a matter of policy, it recognizes the existence of dual citizenship and completely tolerates the maintenance of multiple citizenship by U.S. citizens. In the past, claims of other countries on dual-national U.S. citizens sometimes
placed them in situations where their obligations to one country were in conflict with the laws of the
other. However, as fewer countries require military service and most base other obligations, such as the payment of taxes, on residence and not citizenship, these conflicts have become less frequent. As a result, there has been a dramatic increase in recent years in the number of people who maintain U.S. citizenship in other countries.
One circumstance where dual citizenship may run counter to expectations of government agencies is in matters of
security clearanceA security clearance is a status granted to individuals allowing them access to classified information, i.e., state secrets, or to restricted areas after completion of a thorough background check. The term "security clearance" is also sometimes used in private organizations that have a formal...
. Any person granted a
Yankee WhiteYankee White is an administrative nickname for a background check given in the United States for Department of Defense personnel and contractor employees working with the President and Vice President. Obtaining such clearance requires, in part, a Single Scope Background Investigation which is...
vetting must be absolutely free of foreign influence, and for other security clearances one of the grounds that may result in a rejected application is an actual or potential conflict of national allegiances.
Nationals who are not citizens
Although all U.S. citizens are also U.S. nationals, the reverse is not true. As specified in , a person whose only connection to the U.S. is through birth in an outlying possession (which as of 2005 is limited to
American SamoaAmerican Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
,
Swains IslandSwains Island is an atoll in the Tokelau chain. Culturally a part of Tokelau, it is an unincorporated unorganized territory of the United States administered by American Samoa. Swains Island has also been known at various times as Olosenga Island, Olohega Island, Quiros Island, Gente Hermosa...
, and the unincorporated US Minor Outlying Islands), or through descent from a person so born, acquires U.S. nationality but not U.S. citizenship. This was formerly the case in only four other current or former U.S. overseas possessions
- Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
(1898–1950) (Citizenship granted by an Act of Congress through the Guam Organic Act of 1950The Guam Organic Act of 1950, is a United States federal law that redesignated the island of Guam as an unincorporated territory of the United States, established executive, legislative, and judicial branches, and transferred Federal jurisdiction from the United States Navy to the Department of...
).
- the Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
(1898–1935) (Granted independence in 1946The Tydings-McDuffie Act approved on March 24, 1934 was a United States federal law which provided for self-government of the Philippines and for Filipino independence after a period of ten years. It was authored by Maryland Senator Millard E...
; National status rescinded in 1935; Citizenship never accorded)
- Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
(1898–1917) (Citizenship granted by an Act of Congress through the Jones-Shafroth ActThe Jones–Shafroth Act was a 1917 Act of the United States Congress by which Puerto Ricans were collectively made U.S. citizens, the people of Puerto Rico were empowered to have a popularly-elected Senate, established a bill of rights, and authorized the election of a Resident Commissioner to a...
of 1917).
- the U.S. Virgin Islands (1917–1927) (Citizenship granted by an Act of Congress in 1927).
The U.S. passport issued to non-citizen nationals contains the endorsement code 9 which states: "THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN." on the annotations page.
Non-citizen U.S. nationals may reside and work in the United States without restrictions, and may apply for citizenship under the same rules as resident aliens. Like resident aliens, they are
not presently allowed by any U.S. state to vote in federal or state electionsThe right of foreigners to vote in the United States has historically been a contentious issue. A foreigner, in this context, is a person who is not citizen of the United States....
, although, as with resident aliens, there is no constitutional prohibition against them doing so.
Citizenship at birth on the U.S. territories and former U.S. territories
Separate sections handle territories that the United States has acquired over time, such as Puerto Rico , Alaska , Hawaii , the U.S. Virgin Islands , and Guam . Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer native-born status on persons born in those territories after that date.
For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President
Harry S. TrumanHarry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
on June 27, 1952. Additionally, all persons born in Puerto Rico on or after January 13, 1941, are
native-born citizenIn general, a native-born citizen of a country is a person who was born within the country's territory and has been legally recognized as a citizen of that country since birth...
s of the United States. Note that because of when the law was passed, for some, the native-born status was retroactive.
The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In , the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was "declared" to be a United States citizen.
All persons born in the U.S. Virgin Islands on or after February 25, 1927, are native-born citizens of the United States. The also indicate that all the persons and their children born in the U.S. Virgin Islands subsequent to January 17, 1917, and prior to February 25, 1927, are declared to be citizens of the United States as of February 25, 1927 if complied with the U.S. law dispositions.
All persons born in Alaska on or after June 2, 1924, are native-born citizens of the United States. Alaska was declared a
U.S. StateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
on January 3, 1959.
All persons born in Hawaii on or after April 30, 1900, are native-born citizens of the United States. Hawaii was declared a
U.S. StateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
on August 21, 1959.
All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States.
Currently under the Immigration and Nationality Act of 1952 (INA) effective from December 24, 1952 to present the definition of the "United States" for nationality purposes, was expanded to add
GuamGuam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
; and, effective November 3, 1986, the Commonwealth of the Northern Mariana Islands (in addition to
Puerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and the Virgin Islands of the United States). Persons born in these territories on or after December 24, 1952 acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States; and "Outlying possessions of the United States" was restricted to
American SamoaAmerican Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
and
Swains IslandSwains Island is an atoll in the Tokelau chain. Culturally a part of Tokelau, it is an unincorporated unorganized territory of the United States administered by American Samoa. Swains Island has also been known at various times as Olosenga Island, Olohega Island, Quiros Island, Gente Hermosa...
.
Congressional Research ServiceThe Congressional Research Service , known as "Congress's think tank", is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a...
Report number RL30527 of April 17, 2000, titled "Presidential Elections in the United States: A Primer" asserts that citizens born in
GuamGuam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
,
Puerto RicoPuerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, and the U.S. Virgin Islands are legally defined as natural born citizens, and are, therefore, also eligible to be elected President.
Loss of citizenship
As a historical matter, U.S. citizenship could be forfeited upon the undertaking of various acts, including naturalization in a foreign state or
service in foreign armed forcesNishikawa v. Dulles, 356 U.S. 129 , was a case decided by the Supreme Court of the United States involving loss of citizenship.- Background :...
. In addition, before 1967 it was possible to lose the citizenship due to voting in foreign elections. However, the Supreme Court ruled unconstitutional the provisions of Section 349(a) which provided for loss of nationality by voting in a foreign election in the case
Afroyim v. RuskAfroyim v. Rusk, 387 U.S. 253 , was a United States Supreme Court decision that set an important legal precedent that a person born or naturalized in the United States cannot be deprived of his or her citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of a man...
, 387 U.S. 253,
. specifically outlines how loss of nationality may occur, which predominantly involves willful acts over the age of 18 with the intention of relinquishing United States nationality. U.S. Supreme Court decisions beginning with
Afroyim v. RuskAfroyim v. Rusk, 387 U.S. 253 , was a United States Supreme Court decision that set an important legal precedent that a person born or naturalized in the United States cannot be deprived of his or her citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of a man...
constitutionally limited the government's capacity to terminate citizenship to those cases in which an individual engaged in conduct with an intention of abandoning their citizenship.
Current U.S. State Department rules automatically assume that an individual does not intend to give up citizenship when performing one of the above potentially expatriating acts. If asked, the individual can always answer that they did not intend to give it up; this is sufficient to retain their citizenship. Hence, the U.S. effectively allows citizens to acquire new citizenships while remaining a U.S. citizen, becoming a dual citizen.
There are also special provisions for persons who are deemed to have renounced citizenship for purposes of avoiding
U.S. taxationThe United States is a federal republic with autonomous state and local governments. Taxes are imposed in the United States at each of these levels. These include taxes on income, property, sales, imports, payroll, estates and gifts, as well as various fees.Taxes are imposed on net income of...
(which is, in some cases, applicable on certain income for up to ten years after the official loss of citizenship,
Internal Revenue CodeThe Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
, section 877), which in theory can result in loss of right to entry into the United States. However, the loss of right of entry ((a)(10)(E)) has never been enforced by the Attorney General since its enactment in 1996. Further, since the creation of the Department of Homeland Security in 2002, the
Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
(Department of Justice) would no longer be empowered to bar a former U.S. citizen from entering the United States.
No new legislation has modified (a)(10)(E) to enable the DHS Secretary to bar a former U.S. citizen from entering the United States. Lastly, IRC section 877 and Revenue Rulings was modified in 2004 to discontinue the practice of the Internal Revenue Service issuing rulings to determine if a former U.S. citizen had a tax-related motive in renouncing U.S. citizenship. Instead, IRC section 877 establishes an objective test to determine if the section 877 regime will apply.
If the former U.S. citizen fails one of these objective tests, for ten years after the individual's expatriation they are subject to the 877 regime. In practice, given the various modifications since the enactment of (a)(10)(E), that the U.S. government has never enforced (a)(10)(E) since its inception in 1996, a former U.S. citizen may freely travel to the U.S. subject to normal visa restrictions.
After a U.S. citizen satisfies the Department of State procedures, the Department of State issues a Certificate of Loss of Nationality (CLN) signifying that the Department of State has accepted the U.S. Embassy/Consulate's recommendation to allow the renunciation. Renunciation of citizenship includes renunciation of all rights and privileges of citizenship. A person who wants to renounce U.S. citizenship cannot decide to retain some of the privileges of citizenship, as this would be logically inconsistent with the concept of renunciation. Thus, such a person can be said to lack a full understanding of renouncing citizenship and/or lack the necessary intent to renounce citizenship, and the Department of State will not approve a loss of citizenship in such instances.
It is also possible to forfeit U.S. citizenship upon conviction for an act of treason against the United States. Prominent former Nazi officers who acquired American citizenship have also had it revoked if the Office of Special Investigations has been able to prove that the citizenship was obtained by concealing their involvement in war crimes committed by the Nazis in
World War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
See also
- Birthright citizenship in the United States of America
Birthright citizenship in the United States refers to a person's acquisition of United States citizenship by virtue of the circumstances of his or her birth. It contrasts with citizenship acquired in other ways, for example by naturalization later in life. Birthright citizenship may be conferred by...
- Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
- Honorary Citizen of the United States
A person of exceptional merit, generally a non-United States citizen, may be declared an Honorary Citizen of the United States by an Act of Congress, or by a proclamation issued by the President of the United States, pursuant to authorization granted by Congress.Seven people have been so honored,...
- Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
- Oath of citizenship (United States)
The United States Oath of Allegiance is an oath that must be taken by all immigrants who wish to become United States citizens...
- Natural-born citizen
Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for election to the office of President or Vice President...
External links
Further reading