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| Citizenship of the United States | |
|---|---|
| Name | United States citizenship |
| Capital | Washington, D.C. |
| Population estimate | United States citizens |
Citizenship of the United States is the legal status that confers membership in the United States and specific entitlements under the United States Constitution and federal statutes. It defines the relationship between an individual and the United States federal government, shaping participation in civic institutions such as the United States Congress, the Supreme Court of the United States, and state judiciaries. The rules derive from constitutional text, judicial interpretation by figures like John Marshall Harlan II and William Rehnquist, and statutes enacted by the United States Congress.
The constitutional foundation rests on the Fourteenth Amendment to the United States Constitution and several clauses in the original text interpreted by the United States Supreme Court, including decisions such as United States v. Wong Kim Ark and Minor v. Happersett. Federal statutes like the Immigration and Nationality Act operationalize citizenship through regulatory agencies such as the United States Citizenship and Immigration Services and enforcement by the Department of Homeland Security and the Department of Justice. Interpretations by jurists including Oliver Wendell Holmes Jr. and Benjamin N. Cardozo have influenced doctrines on birthright and naturalization.
Acquisition occurs primarily by birth in the United States, by descent from citizen parents through jus sanguinis as applied in cases like United States v. Bhagat Singh Thind, or by naturalization following statutory requirements in the Immigration and Nationality Act of 1952. Birthright citizenship has been litigated in cases involving Wong Kim Ark and influenced by precedents from the Cooley Doctrine era; transmission by parentage involves statutes shaped by legislators in the United States Congress and rulings from the Ninth Circuit Court of Appeals and District of Columbia Circuit. Special statutes have granted citizenship in contexts such as military service under provisions involving the United States Armed Forces and laws following conflicts like the Spanish–American War and treaties with territories such as those affecting Puerto Rico and the Philippines.
Citizens may lose status through voluntary renunciation at a consulate under procedures defined by the Immigration and Nationality Act and interpreted in litigation before the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States, including cases influenced by opinions of Earl Warren and Ruth Bader Ginsburg. Involuntary expatriation has been restricted since rulings like Afroyim v. Rusk and Vance v. Terrazas, with citizenship loss tied to specific acts such as serving in foreign governments or formal oath-taking recognized in statutes debated in the United States Senate and adjudicated by the Department of State.
Citizenship confers rights protected by amendments to the United States Constitution including the First Amendment to the United States Constitution, the Fifth Amendment to the United States Constitution, and the Fifteenth Amendment to the United States Constitution, and enables participation in elections regulated by state secretaries such as the Secretary of State (U.S. state government). Responsibilities include obligations under statutes like the Selective Training and Service Act of 1940 and duties enforced by agencies such as the Internal Revenue Service and obligations adjudicated in courts including the United States Tax Court. Civic participation ranges from jury service in federal courts such as the United States District Court for the Southern District of New York to voting in contests impacted by legislation from the Congressional Research Service.
Naturalization requires an application to the United States Citizenship and Immigration Services, background checks coordinated with the Federal Bureau of Investigation, and an oath modeled on precedent from the Naturalization Act of 1906 and modern statutes in the Immigration and Nationality Act. Applicants are examined on knowledge of the United States Constitution and U.S. history topics involving figures like George Washington, Abraham Lincoln, and events including the American Revolution and the Civil War. Administrative appeals proceed through the Board of Immigration Appeals and judicial review in the United States Court of Appeals.
Dual nationality arises when individuals hold citizenship of the United Kingdom, Mexico, Canada, India, or other states simultaneously, with bilateral and multilateral implications influenced by instruments such as the Vienna Convention on Diplomatic Relations in consular contexts and by executive policy from the United States Department of State. Statelessness concerns addressed by statutes and international instruments involve coordination with entities like the United Nations High Commissioner for Refugees and immigration authorities adjudicating status under decisions shaped by courts such as the Second Circuit Court of Appeals.
Major legislative milestones include the Naturalization Act of 1790, the Civil Rights Act of 1866, the Fourteenth Amendment to the United States Constitution, the Immigration Act of 1924, the Immigration and Nationality Act of 1952, and amendments in the Immigration Reform and Control Act of 1986. Judicial milestones include rulings by the Supreme Court of the United States in United States v. Wong Kim Ark, Afroyim v. Rusk, and United States v. Bhagat Singh Thind, while administrative evolution involved agencies such as the Immigration and Naturalization Service and its successor, the United States Citizenship and Immigration Services.
Category:Law of the United States Category:Civil status