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THE ABC’S OF IMMIGRATION - ISSUES IN
LOSING CITIZENSHIP
Many people believe that once they become a citizen of the US, they
will always remain so. In fact, this is not always the case, even for
people who are US citizens by birth. A few months ago, we covered the
ways in which a person can lose their citizenship. This week, we will
discuss in more detail what can cause a person to lose their
citizenship, and how, in some cases, the person can prove the
government wrong and regain their status as US citizens.
There are seven basic ways in which US citizenship can be lost:
Being naturalized in a foreign country, upon the person’s own
application made after reaching 18 years of age;
Making an oath or other declaration of allegiance to a foreign
country or division thereof, again, after reaching 18 years of
age;
Serving in the armed forces of a foreign country if those armed
forces are engaged in hostilities against the US, or if the person
serves as an officer;
Working for the government of a foreign country if the person
also obtains nationality in that country, or if to work in such a
position an oath or other declaration of allegiance is required;
Making a formal renunciation of US citizenship before a US
consular officer or diplomat in a foreign country;
Making a formal written statement of renunciation during a
state of war, if the Attorney General approves the renunciation as
not contrary to US national defense; and
Committing an act of treason against the US, or attempting by
force or the use of arms to overthrow the government of the US.
Renunciation by this means can be accomplished only after a court
has found the person guilty.
Each of these acts, however, to be the basis for the loss of US
citizenship, must have been performed voluntarily and with the intent
for renouncing that citizenship. Until recently, this was not the
case, and a renunciating act, regardless of its motive or intent,
would lead to the loss of citizenship. In 1986, responding to a series
of Supreme Court decisions holding that because US citizenship is
grounded in the Fourteenth Amendment to the Constitution, Congress
cannot determine when a person loses their citizenship, only the
person can, Congress amended laws dealing with the renunciation of
citizenship to clarify that it can only be accomplished voluntarily
and intentionally.
Government regulations state that there is a presumption in favor of
retaining US citizenship, but in practice, the State Department is
likely to find renunciation occurred in almost every situation
involving a qualifying act. In some cases, however, the intent to
renounce citizenship will be obvious, or it will otherwise be
impossible to overcome the presumption that renunciation was the
intent. For example, a formal written renunciation of citizenship made
during war would be considered conclusive evidence of the intent to
renounce US citizenship. Other cases, however, are not so clear.
For example, the US allows dual citizenship. Therefore, in some cases,
it is possible to take an oath of allegiance or become naturalized in
another country without losing US citizenship. The critical factor is
whether the act was intended to renounce US citizenship. There are a
number of reasons why a person would be naturalized in another
country. For example, doing so can make it easier to obtain employment
and other benefits. It can also secure family relationships. It can
even, in some cases, where hostility toward the US is high, prevent
harm from coming to a person.
In an increasingly international world, more and more people born in
the US grow up elsewhere. At some point in their lives, it is not
unlikely that they will take an oath of allegiance to the country in
which they live, or will seek employment with the government. These
things can be done without any intention of renouncing US citizenship.
Even though the acts may be performed voluntarily, and even with the
intent of obtaining a benefit, this does not mean that there was the
intent to renounce citizenship. To ensure that there is the intent to
renounce, consular officers are instructed to obtain an affidavit in
which the person specifies that they committed the renunciating act
with the intent of losing US citizenship. Even with such a document,
it is possible to successfully argue that one did not renounce his or
her US citizenship, but such cases are very time consuming and require
substantial effort.
Disclaimer: This newsletter is provided as a public
service and not intended to establish an attorney client relationship.
Any reliance on information contained herein is taken at your own
risk.
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