United States nationality law

United States nationality law
Country	United States
Short title	United States nationality law
Administered by	Department of Homeland Security, Department of State
First citizen	James Madison (under the Constitution)
First act	Naturalization Act of 1790
Current act	Immigration and Nationality Act of 1965
Related legislation	Fourteenth Amendment, Nationality Act of 1940, McCarran–Walter Act

United States nationality law. The legal framework governing citizenship in the United States is derived from the Constitution, congressional statutes, and international agreements. The foundational principle of birthright citizenship was established by the Fourteenth Amendment, while Congress holds the power to regulate naturalization and loss of citizenship. Administration is divided between the Department of Homeland Security, primarily through U.S. Citizenship and Immigration Services, and the Department of State for matters abroad.

History and development

Early American citizenship was ill-defined, with the Articles of Confederation providing little guidance. The Constitution mentioned "citizens of the United States" and granted Congress power over naturalization, leading to the first Naturalization Act of 1790 which limited naturalization to "free white persons." The pivotal Fourteenth Amendment, ratified after the American Civil War, overturned the Dred Scott decision and constitutionally guaranteed citizenship to "all persons born or naturalized in the United States." Subsequent legislation like the Naturalization Act of 1870, the Expatriation Act of 1907, and the Cable Act of 1922 refined these rules, often reflecting the racial and gender biases of the era. Major codification occurred with the Nationality Act of 1940 and the comprehensive Immigration and Nationality Act of 1965, which eliminated the National Origins Formula.

Acquisition of U.S. citizenship

Citizenship is acquired primarily through birth in the United States, under the principle of Jus soli, or through birth abroad to U.S. citizen parents, governed by principles of descent. The rules for transmission by descent, managed by the Department of State, require periods of physical presence by the parent in the United States or its outlying possessions prior to the child's birth. The other primary path is naturalization, a process administered by U.S. Citizenship and Immigration Services requiring a period of lawful permanent residence, good moral character, knowledge of English and U.S. history and government, and an oath of allegiance. Special provisions exist for certain individuals, such as children adopted by U.S. citizens under the Child Citizenship Act of 2000 and foreign-born children of members of the United States Armed Forces.

Loss of U.S. citizenship

Relinquishment of citizenship, also called expatriation, is governed by statutes including the Immigration and Nationality Act of 1965. It is generally not involuntary; the Supreme Court in cases like Afroyim v. Rusk and Vance v. Terrazas established that citizenship can only be lost through a voluntary act performed with the intent to relinquish it. Such acts may include obtaining naturalization in a foreign state, taking an oath of allegiance to a foreign government, or serving in a foreign military engaged in hostilities against the United States. The process is formalized through a renunciation before a consular officer at a U.S. embassy or consulate, resulting in a Certificate of Loss of Nationality.

Dual citizenship

The United States does not formally endorse dual citizenship but tolerates its existence. It can arise automatically, such as when a person is born in the United States to foreign parents or born abroad to one U.S. and one foreign citizen parent. The government recognizes that dual nationals owe allegiance to both countries and may be subject to the laws of each. Key cases like Kawakita v. United States have addressed the obligations of dual nationals. While a U.S. citizen naturalizing in another country may potentially lose U.S. citizenship if intent is proven, the act of naturalization alone is not sufficient under precedents set by the Supreme Court.

Citizenship and U.S. territories

The application of citizenship law varies across U.S. territories. Individuals born in the fifty states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands are U.S. citizens at birth. The status for those born in other territories has been defined by statute and Supreme Court rulings in the Insular Cases. For instance, persons born in American Samoa and Swains Island are generally classified as non-citizen U.S. nationals, though they may naturalize. The status of Puerto Rico was specifically addressed in the Jones–Shafroth Act.

Legal controversies and issues

Persistent legal debates surround the scope of birthright citizenship, particularly regarding children of undocumented immigrants, a matter tested in the case United States v. Wong Kim Ark. The status of nationals in American Samoa has been challenged in litigation such as Fitisemanu v. United States. Other controversies involve the renunciation process, allegations of coercion in wartime renunciations like those during the Japanese American internment, and the rights of citizens detained in places like the Guantanamo Bay detention camp. Legislative proposals, such as the Birthright Citizenship Act of 2021, periodically seek to alter the constitutional interpretation of the Fourteenth Amendment.

Category:United States nationality law Category:United States immigration law Category:Nationality law