Dual Citizenship Not Recognized by the USA and Conditions for Citizenship Revocation

By Brian Figeroux, Esq.

Dual citizenship is a complex and often misunderstood concept within the realm of international law and immigration policies. The United States, while not explicitly forbidding dual citizenship, does not formally recognize it. This nuanced position can lead to confusion for citizens who acquire or hold citizenship in another country. Additionally, there are specific circumstances under which U.S. citizenship can be revoked. This analysis explores the concept of dual citizenship from a U.S. legal perspective and outlines scenarios in which citizenship may be stripped.

Understanding Dual Citizenship in the USA

What is Dual Citizenship?

Dual citizenship refers to the simultaneous holding of citizenship in two different countries. A person with dual citizenship is legally recognized as a citizen by two countries and holds rights and obligations under the laws of both.

Does the USA Recognize Dual Citizenship?

The United States does not formally endorse dual citizenship, but it also does not prohibit it. The concept emerged as a practical reality rather than a legislatively endorsed status. According to the U.S. Supreme Court ruling in Afroyim v. Rusk (1967), U.S. citizens cannot lose their citizenship without their consent. This ruling opened the door for U.S. citizens to hold dual nationality without automatic loss of their American citizenship.

However, while the government does not explicitly recognize dual citizenship, it acknowledges its existence and generally tolerates it. The State Department states that individuals who voluntarily acquire a foreign nationality with the intention to relinquish their U.S. citizenship will lose their citizenship. Still, simply acquiring another nationality does not necessarily result in loss.

Scenarios Where Dual Citizenship Might Be Questioned

The U.S. does not actively encourage dual citizenship because it can lead to conflicts of interest and legal complications. For instance:

• Military Service in a Foreign Army: Serving in the armed forces of a foreign country hostile to the U.S. can be construed as an intention to relinquish U.S. citizenship.
• Sworn Allegiance to Another Country: Formally declaring allegiance to a foreign government, especially when the oath includes renouncing U.S. citizenship, may cause legal issues.
• Holding Government Office in Another Country: Holding a political position in another nation, particularly if it requires an oath of allegiance, may indicate a willingness to abandon U.S. nationality.

Examples of Countries with Conflicting Stances on Dual Citizenship

Countries That Do Not Allow Dual Citizenship

Some countries do not allow their citizens to hold dual nationality. For example:

• China and India: These countries require citizens to renounce other citizenships to retain theirs.
• Japan: Japanese citizens must choose between nationalities by the age of 22.

For U.S. citizens acquiring nationality in these countries, they might face pressure to relinquish U.S. citizenship to retain their new status. The U.S. does not enforce renunciation but acknowledges that the individual may have effectively given up U.S. nationality by affirming allegiance to another state.

Countries That Allow Dual Citizenship

Conversely, many countries permit dual citizenship, including:

• Canada and the United Kingdom: These countries recognize dual nationality, allowing citizens to retain their original citizenship even after naturalization elsewhere.

Legal and Practical Challenges of Dual Citizenship

Tax Obligations

U.S. citizens, even if they acquire another nationality, are required to file U.S. taxes regardless of where they live. This can result in dual taxation unless mitigated by treaties or credits.

Military Obligations

Dual citizens may face compulsory military service in the country of their second nationality, which could complicate their U.S. citizenship status if the country is hostile to the U.S.

Loyalty and Allegiance Issues

While dual citizens owe allegiance to both countries, conflicts may arise if the countries are in dispute. The U.S. expects loyalty from its citizens, and any active support of a foreign nation against U.S. interests can be problematic.

Revocation of U.S. Citizenship: Grounds and Procedures

Voluntary Renunciation

A citizen can voluntarily renounce U.S. citizenship at a U.S. embassy or consulate. This irreversible act requires signing an oath of renunciation and is typically pursued by individuals who intend to avoid U.S. tax obligations or allegiance conflicts.

Involuntary Loss of Citizenship

The U.S. government can revoke citizenship under certain conditions, primarily related to acts that demonstrate voluntary relinquishment:

• Committing Treason or Taking Up Arms Against the U.S.: Engaging in armed conflict against the U.S. is grounds for revocation.
• Oath to a Foreign State: Taking a formal oath to a foreign country, especially if it implies renouncing U.S. allegiance, can lead to loss of citizenship.
• Fraud or Misrepresentation: Citizenship obtained through fraudulent means, such as lying on naturalization forms, can be nullified.
• Service in a Foreign Army: If the military service is with a nation hostile to the U.S., it can be deemed as voluntary renunciation.

Judicial Process

Revocation is not arbitrary; it must be proven that the individual knowingly and voluntarily committed an act that shows intent to relinquish citizenship. The burden of proof lies with the government, and the affected person has the right to challenge the decision in federal court.

Controversies and Ethical Concerns

Human Rights Issues

Critics argue that revoking citizenship, particularly for naturalized individuals, can result in statelessness, a condition condemned under international human rights law. This is particularly concerning when citizenship is revoked due to alleged terrorist affiliations without clear evidence.

Political Motives

There are concerns that citizenship revocation can be politically motivated, particularly in cases involving dual nationals from countries with strained diplomatic relations with the U.S.

Conclusion

Dual citizenship remains a grey area within U.S. immigration law. While not formally recognized, it is often tolerated. However, U.S. citizens who acquire another nationality must be aware of potential complications, especially in countries that do not permit dual citizenship. Additionally, revocation of citizenship, while rare, is possible under specific circumstances, typically involving actions that demonstrate an intent to renounce U.S. allegiance. As globalization continues to blur national boundaries, dual citizenship will remain a dynamic and evolving legal issue, requiring careful consideration from individuals seeking to navigate its complexities.