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Citizenship of the United States

February 15, 2024

"U.S. citizen" redirects here. For the people, see Americans.
This article is about United States citizenship in general. For legal issues and naturalization, see United States nationality law.

Citizenship of the United States[2][3] is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote (however, not all citizens have the right to vote in all federal elections, for example, those living in Puerto Rico), live and work in the United States, and to receive federal assistance.[4][5]

United States nationality gives the right to acquire a United States passport.[1] The one shown above is a post-2007 issued passport. A passport is commonly used as an identity document and as proof of citizenship.

There are two primary sources of citizenship: birthright citizenship, in which persons born within the territorial limits of the United States are presumed to be a citizen, or—providing certain other requirements are met—born abroad to a United States citizen parent,[6][7] and naturalization, a process in which an eligible legal immigrant applies for citizenship and is accepted.[8] The first of these two pathways to citizenship is specified in the Citizenship Clause of the Fourteenth Amendment of the Constitution which reads:

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.

The second is provided for in U.S. law. In Article One of the Constitution, the power to establish a "uniform rule of naturalization" is granted explicitly to Congress.

United States law permits multiple citizenship. Citizens of other countries who are naturalized as United States citizens may retain their previous citizenship, although they must renounce allegiance to the other country. A United States citizen retains United States citizenship when becoming the citizen of another country, should that country's laws allow it. United States citizenship can be renounced by Americans via a formal procedure at a United States embassy.[9][10]

National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters. State citizenship may affect (1) tax decisions, (2) eligibility for some state-provided benefits such as higher education, and (3) eligibility for state political posts such as United States senator. At the time of the American Civil War, state citizenship assumed a much increased importance when it was widely deemed to have a prior claim over the citizens' loyalty in the seceding Southern states.

Rights, duties, and benefits edit

Rights edit

 
The United States military has been an all-volunteer force since the end of the Vietnam War, but male United States citizens and non-citizens are still required to register for the military draft within 30 days of their 18th birthday.
  • Freedom to reside and work. United States citizens have the right to reside and work in the United States. Certain non-citizens, such as lawful permanent residents, have similar rights; however, non-citizens, unlike citizens, may have the right taken away. For example, they may be deported if convicted of a serious crime.[11]
  • Freedom to enter and leave the United States. United States citizens have the right to enter and leave the United States freely. Certain non-citizens, such as permanent residents, have similar rights. Unlike permanent residents, United States citizens do not have an obligation to maintain residence in the United States – they can leave for any length of time and return freely at any time.[citation needed]
  • Voting for federal office in all fifty states and the District of Columbia is restricted to citizens only. States are not required to extend the franchise to all citizens: for example, several states bar citizen felons from voting, even after they have completed any custodial sentence. The United States Constitution bars states from restricting citizens from voting on grounds of race, color, previous condition of servitude, sex, failure to pay any tax, or age (for citizens who are at least eighteen years old). Historically, many states and local jurisdictions have allowed non-citizens to vote; however, today this is limited to local elections in very few places. Citizens are not compelled to vote.
  • Freedom to stand for public office. The United States Constitution requires that all members of the United States House of Representatives have been citizens for seven years, and that all senators have been citizens for nine years, before taking office. Most states have similar requirements: for example California requires that legislators have been citizens for three years, and the Governor has been a citizen for five years, upon taking office. The United States Constitution requires that one be "a natural born Citizen" and a United States resident for fourteen years in order to be president of the United States or vice president of the United States. The Constitution also stipulates that otherwise eligible citizens must meet certain age requirements for these offices.
  • Right to apply for federal employment. Many federal government jobs require applicants to have United States citizenship. United States citizens can apply for federal employment within a government agency or department.[12]

Duties edit

 
United States citizens may be summoned to serve on a jury.
 
Citizens are required to file United States taxes even if they do not live in the United States.
  • Jury duty is only imposed upon citizens. Jury duty may be considered the "sole differential obligation" between non-citizens and citizens; the federal and state courts "uniformly exclude non-citizens from jury pools today, and with the exception of a few states in the past, this has always been the case".[13]
  • Military participation is not currently required in the United States, but a policy of conscription of men has been in place at various times (both in war and in peace) in American history, most recently during the Vietnam War. Currently, the United States Armed Forces are a professional all-volunteer force, although both male United States citizens and male non-citizen permanent residents are required to register with the Selective Service System and may be called up in the event of a future draft. Johns Hopkins University political scientist Benjamin Ginsberg writes, "The professional military has limited the need for citizen soldiers".[5]
  • Taxes. In the United States today, everyone except those whose income is derived from tax-exempt revenue (Subchapter N, Section 861 of the U.S. Tax Code) is required to file a federal income tax return. U.S. citizens are subject to federal income tax on worldwide income regardless of their country of residence.[14]
  • Census. A response to the decennial United States census is mandated by Article I, Section 2 of the United States Constitution and by Title 13 of the United States Code of all residents. A response to the American Community Survey is also mandated by Title 13, U.S. Code, Sections 141, 193, and 221, as changed by Title 18.

Benefits edit

  • Consular protection outside the United States. While traveling abroad, if a person is arrested or detained by foreign authorities, the person can request to speak to somebody from the United States Embassy or Consulate. Consular officials can provide resources for Americans incarcerated abroad, such as a list of local attorneys who speak English. The United States government may even intervene on the person's behalf.[15] Non-citizen United States nationals also have this benefit.
  • Increased ability to sponsor relatives living abroad.[15] Several types of immigrant visas require that the person requesting the visa be directly related to a United States citizen. Having United States citizenship facilitates the granting of IR and F visas to family members.
  • Ability to invest in United States real property without triggering FIRPTA. Perhaps the only quantifiable economic benefit of United States citizenship, citizens are not subject to additional withholding tax on income and capital gains derived from United States real estate under the Foreign Investment in Real Property Tax Act (FIRPTA).[citation needed]
  • Transmission of United States citizenship to children born abroad. Generally, children born to two United States citizen parents abroad are automatically United States citizens at birth. When the parents are one United States citizen and one non-United States citizen, certain conditions about the United States citizen's parent's length of time spent in the United States need to be met.[16] Non-citizen United States nationals also have a similar benefit (transmission of non-citizen United States nationality to children born abroad).
  • Protection from deportation.[15][17] Naturalized United States citizens are no longer considered aliens and cannot be placed into deportation proceedings.
  • Other benefits. The USCIS sometimes honors the achievements of naturalized United States citizens. The Outstanding American by Choice Award was created by the USCIS to recognize the outstanding achievements of naturalized United States citizens, and past recipients include author Elie Wiesel who won the Nobel Peace Prize; Indra K. Nooyi who was CEO of PepsiCo; John Shalikashvili who was Chairman of the Joint Chiefs of Staff; and others.[18] Further, citizenship status can affect which country an athlete can compete as a member of in competitions such as the Olympics.[19]

Civic participation edit

Civic participation is not required in the United States. There is no requirement to attend town meetings, belong to a political party, or vote in elections. However, a benefit of naturalization is the ability to "participate fully in the civic life of the country".[15] Moreover, to be a citizen means to be vitally important to politics and not ignored.[20] There is disagreement about whether popular lack of involvement in politics is helpful or harmful.

Vanderbilt professor Dana D. Nelson suggests that most Americans merely vote for president every four years, and sees this pattern as undemocratic. In her book Bad for Democracy, Nelson argues that declining citizen participation in politics is unhealthy for long term prospects for democracy.

However, writers such as Robert D. Kaplan in The Atlantic see benefits to non-involvement; he wrote "the very indifference of most people allows for a calm and healthy political climate".[21] Kaplan elaborated: "Apathy, after all, often means that the political situation is healthy enough to be ignored. The last thing America needs is more voters—particularly badly educated and alienated ones—with a passion for politics".[21] He argued that civic participation, in itself, is not always a sufficient condition to bring good outcomes, and pointed to authoritarian societies such as Singapore which prospered because it had "relative safety from corruption, from breach of contract, from property expropriation, and from bureaucratic inefficiency".[22]

Dual citizenship edit

 
Dual citizenship means persons can travel with two passports. Both the United States and Nicaragua permit dual citizenship.

A person who is considered a citizen by more than one nation has dual citizenship. It is possible for a United States citizen to have dual citizenship; this can be achieved in various ways, such as by birth in the United States to a parent who is a citizen of a foreign country (or in certain circumstances the foreign nationality may be transmitted even by a grandparent) by birth in another country to a parent(s) who is/are a United States citizen/s, or by having parents who are citizens of different countries. Anyone who becomes a naturalized United States citizen is required to renounce any prior "allegiance" to other countries during the naturalization ceremony.[23]

The State Department states that "A United States citizen may naturalize in a foreign state without any risk to his or her United States citizenship."[24]

The earliest recorded instances of dual citizenship began before the French Revolution when the British captured American ships and forced them back to Europe. The British Crown considered subjects from the United States as British by birth and forced them to fight in the Napoleonic Wars.[25]

Under certain circumstances there are relevant distinctions between dual citizens who hold a "substantial contact" with a country, for example by holding a passport or by residing in the country for a certain period of time, and those who do not. For example, under the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, United States citizens in general are subject to an expatriation tax if they give up United States citizenship, but there are exceptions (specifically 26 U.S.C. § 877A(g)(1)(b)) for those who are either under age 18+1⁄2 upon giving up United States citizenship and have lived in the United States for less than ten years in their lives, or who are dual citizens by birth residing in their other country of citizenship at the time of giving up United States citizenship and have lived in the United States for less than ten out of the past fifteen years.[26] Similarly, the United States considers holders of a foreign passport to have a substantial contact with the country that issued the passport, which may preclude security clearance.

United States citizens are required by federal law to identify themselves with a United States passport, not with any other foreign passport, when entering or leaving the United States.[27] The Supreme Court case of Afroyim v. Rusk, 387 U.S. 253 (1967)[a] declared that a United States citizen did not lose his citizenship by voting in an election in a foreign country, or by acquiring foreign citizenship, if they did not intend to lose United States citizenship. United States citizens who have dual citizenship do not lose their United States citizenship unless they renounce it officially.[28]

History of citizenship in the United States edit

 
A Welcome to United States Citizenship – Pub. M-76 (rev. 09/1970)
See also: Nationality law in the American Colonies

Citizenship began in colonial times as an active relation between men working cooperatively to solve municipal problems and participating actively in democratic decision-making, such as in New England town hall meetings. Men met regularly to discuss local affairs and make decisions. These town meetings were described as the "earliest form of American democracy"[29] which was vital since citizen participation in public affairs helped keep democracy "sturdy", according to Alexis de Tocqueville in 1835.[30] A variety of forces changed this relation during the nation's history. Citizenship became less defined by participation in politics and more defined as a legal relation with accompanying rights and privileges. While the realm of civic participation in the public sphere has shrunk,[31][32][33] the citizenship franchise has been expanded to include not just propertied white adult men but black men[34] and adult women.[35]

The Supreme Court affirmed in United States v. Wong Kim Ark, 169 U.S. 649 (1898),[b] that per the Fourteenth Amendment's Citizenship Clause an ethnic Chinese person born in the United States becomes a citizen.[36][37] This is distinct from naturalized citizenship; in 1922 the Court held in Ozawa v. United States, 260 U.S. 178,[c] that a Japanese person, born in Japan but resident in the United States for twenty years, could not be naturalized under the law of the time and in 1923 in United States v. Bhagat Singh Thind, 261 U.S. 204,[d] that an Indian person could not be naturalized. In the Ozawa decision it was noted that "In all of the naturalization acts from 1790 to 1906 the privilege of naturalization was confined to white persons (with the addition in 1870 of those of African nativity and descent)", 1906 being the most recent legislation in question at the time.

The Equal Nationality Act of 1934 allowed a foreign-born child of a US citizen mother and an alien father, who had entered US territory before age 18 and lived in the United States for five years, to apply for United States citizenship for the first time.[38] It also made the naturalization process quicker for American women's alien husbands.[38] This law equalized expatriation, immigration, naturalization, and repatriation rules between women and men.[38][39] However, it was not applied retroactively, and was modified by later laws, such as the Nationality Act of 1940.[38][40]

Birthright citizenship edit

Main article: Birthright citizenship in the United States

United States citizenship is usually acquired by birth when a child is born within the territory of the United States. For the purposes of birthright citizenship, the territory of the United States consists of the 50 U.S. states, the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, and the Palmyra Atoll.[e][41][42][43] Citizenship, however, was not specified in the original Constitution. In 1868, the Fourteenth Amendment specifically defined persons who were either born or naturalized in the United States and subject to its jurisdiction as citizens.[44][45] All babies born in the United States—except those born to enemy aliens in wartime or the children of foreign diplomats—enjoy United States citizenship under the Supreme Court's long-standing interpretation of the Fourteenth Amendment regardless of the citizenship or immigration status of their parents.[46] The amendment states: "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."[47] There remains dispute as to who is "subject to the jurisdiction" of the United States at birth.[48]

By acts of Congress, every person born in Puerto Rico, the United States Virgin Islands, Guam, and the Northern Mariana Islands is a United States citizen by birth.[49] Also, every person born in the former Panama Canal Zone whose father or mother (or both) are or were a citizen is a United States citizen by birth.[50]

Regardless of where they are born, children of United States citizens are United States citizens in most cases. Children born outside the United States with at least one United States citizen parent usually have birthright citizenship by parentage.

A child of unknown parentage found in the United States while under the age of five is considered a US citizen unless and until it is proven, before that child reaches the age of twenty-two, the child had not been born in the US.[51]

While persons born in the United States are considered to be citizens and can obtain US passports, children under the age of eighteen are legally considered to be minors and cannot vote, stand for, or hold public office. Upon the person's eighteenth birthday, they are considered to be full citizens, although no official ceremony takes place and no correspondence between the government and the new citizen occurs to acknowledge the relation. Citizenship is assumed to exist, and the relation is assumed to remain viable until death or until it is renounced or dissolved by some other legal process. Secondary schools ideally teach the basics of citizenship and create "informed and responsible citizens" who are "skilled in the arts of effective deliberation and action."[52]

Americans who live in foreign countries and become members of other governments have, in some instances, been stripped of citizenship, although there have been court cases where decisions regarding citizenship have been reversed.[53]

Naturalized citizenship edit

Article I, Section 8 of the U.S. constitution gives Congress the power "To establish an uniform Rule of Naturalization".[54] Acts of Congress provide for acquisition of citizenship by persons not born in the U.S.[55]

Agency in charge edit

 
Albert Einstein received his certificate of United States citizenship from Judge Phillip Forman.

The agency in charge of admitting new citizens is the United States Citizenship and Immigration Services, commonly abbreviated as USCIS.[56] It is a bureau of the Department of Homeland Security. It offers web-based services.[57] The agency depends on application fees for revenue; in 2009, with a struggling economy, applications were down sharply, and consequently there was much less revenue to upgrade and streamline services.[57] There was speculation that if the administration of president Barack Obama passed immigration reform measures, then the agency could face a "welcome but overwhelming surge of Americans-in-waiting" and longer processing times for citizenship applications.[57] The USCIS has made efforts to digitize records.[58] A USCIS website says the "United States Citizenship and Immigration Services (USCIS) is committed to offering the best possible service to you, our customer"[59] and which says "With our focus on customer service, we offer you a variety of services both before and after you file your case".[59] The website allowed applicants to estimate the length of time required to process specific types of cases, to check application status, and to access a customer guide.[59] The USCIS processes cases in the order they're received.[59]

Pathways to citizenship edit

 
Military service is often a key to citizenship; here, a U.S. Navy sailor receives his certificate of United States citizenship from the commander of the USS George Washington (CVN-73)

People applying to become United States citizens must satisfy certain requirements. For example, applicants must generally have been permanent residents for five years (three if married to a United States citizen), be of "good moral character" (meaning no felony convictions), be of "sound mind" in the judgment of immigration officials, have a knowledge of the Constitution, and be able to speak and understand English unless they are elderly or disabled.[60] Applicants must also pass a citizenship test.[60] Until recently, a test published by the Immigration and Naturalization Service asked questions such as "How many stars are there in our flag?" and "What is the Constitution?" and "Who is the president of the United States today?"[60] At one point, the Government Printing Office sold flashcards for US$8.50 to help test-takers prepare for the test.[61] In 2006, the government replaced the former trivia test with a ten-question oral test designed to "shun simple historical facts about America that can be recounted in a few words, for more explanation about the principles of American democracy, such as freedom".[56] One reviewer described the new citizenship test as "thoughtful".[57] While some have criticized the new version of the test, officials counter that the new test is a "teachable moment" without making it conceptually more difficult, since the list of possible questions and answers, as before, will be publicly available.[56] Six correct answers constitute a passing grade.[56] The new test probes for signs that immigrants "understand and share American values".[56]

  • One way to become a permanent resident is to apply to the US government Diversity Visa (DV) lottery. This program permits foreigners to apply for a drawing to become a permanent resident.[62]
  • Military participation can also allow immigrant residents to become citizens. The military has had a tradition of "filling out its ranks" with aliens living in the United States.[63][64] The financial and social benefits of citizenship can motivate persons to participate in potentially hazardous activities such as military service. For example, a 2009 article in The New York Times said that the United States Military was recruiting "skilled immigrants who are living in this country with temporary visas" by promising an opportunity to become citizens "in as little as six months" in exchange for service in Afghanistan and Iraq where United States forces are "stretched thin".[65] One estimate was that in 2009 the US military had 29,000 foreign-born people currently serving who were not American citizens.[65] In 2003, of 1.4 million service members, 37,000 active-duty members were not citizens, and of these, 20% had applied for citizenship.[66] In 2002, President Bush signed an executive order to eliminate the three-year waiting period and made service personnel immediately eligible for citizenship.[66] In 2003, Congress voted to "cut the waiting period to become a citizen from three years down to one year" for immigrants who had served in the armed forces.[66] Spouses of citizens or non-citizens who served in the military also become citizens more quickly.[citation needed] The option was not open to illegal immigrants.[65] One analyst noted that "many immigrants, not yet citizens, have volunteered to serve in the United States military forces ... Some have been killed and others wounded ... Perhaps this can be seen as a cynical attempt to qualify more easily for United States citizenship ... But I think that service in the United States military has to be taken as a pretty serious commitment to the United States".[67][66] By June 2003, twelve non-citizens had died while on active duty in the United States armed forces during the Iraqi war.[66]
  • Grandparent rule. Section 322 of the Immigration and Nationality Act of 1952 (INA), added in 1994, enabled children of a United States citizen who did not become citizens at birth, to use the physical presence period in the United States of a grandparent who was a citizen to qualify for United States citizenship.[68] Under the Child Citizenship Act of 2000, Section 322 was amended to extend also to children who generally reside outside the United States with a United States citizen parent, whether biological or adopted.[69] The child must be in the legal and physical custody of the United States citizen parent, the child and parent must be lawfully present in the United States for the interview, and the child must take the oath of allegiance before the age of 18 years (for those 14 years or older). The application (Form N-600K) may only be submitted by the United States citizen parent, or by the grandparent or legal guardian within 5 years of the parent's death.[70] In 2006, there were 4,000 applications of citizenship using the physical presence of grandparents. Israel comprises 90% of those taking advantage of the clause.[68]
    Not to be confused with Grandfather clause.

Strong demand edit

According to a senior fellow at the Migration Policy Institute, "citizenship is a very, very valuable commodity".[71] However, one study suggested legal residents eligible for citizenship, but who don't apply, tend to have low incomes (41%), do not speak English well (60%), or have low levels of education (25%).[15] There is strong demand for citizenship based on the number of applications filed.[71] From 1920 to 1940, the number of immigrants to the United States who became citizens numbered about 200,000 each year; there was a spike after World War II, and then the level reduced to about 150,000 per year until resuming to the 200,000 level beginning about 1980.[72] In the mid-1990s to 2009, the levels rose to about 500,000 per year with considerable variation.[72] In 1996, more than one million people became citizens through naturalization.[73] In 1997, there were 1.41 million applications filed; in 2006, 1.38 million.[71] The number of naturalized citizens in the United States rose from 6.5 million in the mid-1990s to 11 million in 2002.[74] By 2003, the pool of immigrants eligible to become naturalized citizens was 8 million, and of these, 2.7 million lived in California.[74] In 2003, the number of new citizens from naturalization was 463,204.[17] In 2007, the number was 702,589.[17] In 2007, 1.38 million people applied for citizenship creating a backlog.[71] In 2008, applications decreased to 525,786.[71]

Naturalization fees were US$60 in 1989; US$90 in 1991; US$95 in 1994; US$225 in 1999; US$260 in 2002; US$320 in 2003; US$330 in 2005.[75] In 2007 application fees were increased from US$330 to US$595 and an additional US$80 computerized fingerprinting fee was added.[71] The biometrics fee was increased to US$85 in 2010. On December 23, 2014, the application fees were increased again from US$595 to US$640. The high fees have been criticized as putting up one more wall to citizenship.[56] Increases in fees for citizenship have drawn criticism.[76] Doris Meissner, a senior fellow at the Migration Policy Institute and former Immigration and Naturalization Service Commissioner, doubted that fee increases deter citizenship-seekers.[71] In 2009, the number of immigrants applying for citizenship plunged 62%; reasons cited were the slowing economy and the cost of naturalization.[71]

Citizenship ceremonies edit

 
December 21, 1973 Congress Hall Program and Welcome Letter from Pres. Richard Nixon

The citizenship process has been described as a ritual that is meaningful for many immigrants.[56] Many new citizens are sworn in during Independence Day ceremonies.[17] Most citizenship ceremonies take place at offices of the United States Citizenship and Immigration Services. However, one swearing-in ceremony was held at Arlington National Cemetery in Virginia in 2008. The judge who chose this venue explained: "I did it to honor our country's warriors and to give the new citizens a sense for what makes this country great".[77] According to federal law, citizenship applicants who are also changing their names must appear before a federal judge.[77]

Honorary citizenship edit

 
Polish Count Kazimierz Pulaski was awarded with the honorary distinction of citizen 230 years after he fought and died in the Revolutionary War.

The title of "Honorary Citizen of the United States" has been granted eight times by an act of Congress or by a proclamation issued by the president pursuant to authorization granted by Congress. The eight individuals are Sir Winston Churchill, Raoul Wallenberg, William Penn, Hannah Callowhill Penn, Mother Teresa, the Marquis de Lafayette, Casimir Pulaski, and Bernardo de Gálvez y Madrid, Viscount of Galveston and Count of Gálvez.

Sometimes, the government awarded non-citizen immigrants who died fighting for American forces with the posthumous title of United States citizen, but this is not considered honorary citizenship.[66] In June 2003, Congress approved legislation to help families of fallen non-citizen soldiers.[66]

Corporate citizenship edit

Since corporations are considered persons in the eyes of the law, some carry US citizenship. US citizenship's main advantage for a corporation is the protection and support of the United States government in legal or bureaucratic disputes. For example, the airline Virgin America asked the United States Department of Transportation to be treated as an American air carrier when jockeying with foreign governments for access to air routes and overseas airports.[78] Alaska Airlines, a competitor of Virgin America, asked for a review of the situation, suggesting that Virgin violated a provision of United States law requiring "foreign ownership in a United States air carrier [be] limited to 25% of the voting interest in the carrier".[78]

For the purposes of diversity jurisdiction in the United States civil procedure, corporate citizenship is determined by the principal place of business of the corporation. There is some degree of disagreement among legal authorities as to how exactly this may be determined.[citation needed]

Distinction between citizenship and nationality edit

 
Message in the passport of an American Samoan stating that the passport holder is a national, not citizen, of the U.S

The Immigration and Nationality Act of 1952 made a distinction between "citizenship" and "nationality" of the United States: all United States citizens are also United States nationals, but not all U.S. nationals are also U.S. citizens.[79] Hence, it is possible for a person to be a national of the United States but not a U.S. citizen.

Historic and current grants of non-citizen nationality edit

The federal government of the United States takes the position that unincorporated territories of the United States are not "in the United States" for purposes of the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution, which grants U.S. citizenship at birth to people born in the United States. Hence, people born in an unincorporated territory of the United States are U.S. citizens at birth only if Congress has passed a citizenship statute for that territory; otherwise, they become non-citizen U.S. nationals at birth instead, as per 8 U.S.C. § 1408.

Currently, American Samoa is the only unincorporated territory of the United States where newborn infants become non-citizen U.S. nationals at birth. Although international law and Supreme Court dicta would regard persons born in a United States Minor Outlying Island as non-citizen nationals of the United States, the nationality status of these persons is not specifically mentioned by US law.[80]

The U.S. government position regarding American Samoa began to be challenged in court in the 2010s. A 2016 ruling by the D.C. Circuit Court upheld the government's position that American Samoa is not "in the United States" for purposes of the Fourteenth Amendment and thus American Samoans are nationals but not citizens at birth,[81] A 2021 ruling by the 10th Circuit Court of Appeals similarly upheld the government's position and reversed a lower court ruling that said American Samoan plaintiffs were United States citizens at birth.[82][83]

Unlike people born in American Samoa, people born in Puerto Rico, Guam, the United States Virgin Islands and the Northern Mariana Islands (on or after November 4, 1986) have United States citizenship at birth, as Congress has granted this status by law. People born in the Northern Mariana Islands before November 4, 1986, automatically gained U.S. citizenship on that date,[84] but they could choose to give up U.S. citizenship and become non-citizen U.S. nationals within 6 months after the later of November 4, 1986, and the date they turned 18 years old.[85]

Legal distinctions between United States citizens and non-citizen nationals edit

United States citizenship grants more privileges and rights than non-citizen United States nationality.[86] For example, while non-citizen U.S. nationals can reside and work in the United States without restrictions, both they and foreign nationals and citizens are not allowed to vote in federal or state elections, although there is no constitutional prohibition against their doing so. By statute law, most non-citizen U.S. nationals pass their U.S. nationality to children born outside the United States, similarly to U.S. citizens.[87]

Non-citizen U.S. nationals can apply for naturalization if they want to become U.S. citizens. In order to be naturalized, non-citizen U.S. nationals must meet similar requirements to foreign nationals, meaning non-citizen nationals must pay a US$640 fee (as of May 29, 2023), pass a good moral character assessment, be fingerprinted and pass an English and civics examination.[86] However, unlike foreign nationals, non-citizen U.S. nationals do not need to hold permanent residency of the U.S. when they apply for citizenship, and they can count their legal residence and physical presence in unincorporated U.S. territories the same as presence in the U.S. proper toward the naturalization requirements.[88]

The United States passport issued to non-citizen nationals of the United States contains the endorsement code 9 which states: "The bearer is a United States national and not a United States citizen" on the annotations page.[89]

Controversies edit

The issue of citizenship naturalization is a highly contentious matter in United States politics, particularly regarding illegal immigrants. Candidates in the 2008 presidential election, such as Rudolph Giuliani, tried to "carve out a middle ground" on the issue of illegal immigration, but rivals such as John McCain advocated legislation requiring illegal immigrants to first leave the country before being eligible to apply as citizens.[90] Some measures to require proof of citizenship upon registering to vote have met with controversy.[91]

Controversy can arise when citizenship affects political issues. Whether to include questions about current citizenship status in the United States Census questions has been debated in the Senate.[60][92] Census data affects state electoral clout; it also affects budgetary allocations.[92] Including non-citizens in Census counts also shifts political power to states that have large numbers of non-citizens due to the fact that reapportionment of congressional seats is based on Census data, and including non-citizens in the census is mandated by the United States Constitution.[93]

There have been controversies based on speculation about which way newly naturalized citizens are likely to vote. Since immigrants from many countries have been presumed to vote Democratic if naturalized, there have been efforts by Democratic administrations to streamline citizenship applications before elections to increase turnout; Republicans, in contrast, have exerted pressure to slow down the process.[94] In 1997, there were efforts to strip the citizenship of 5,000 newly approved immigrants who, it was thought, had been "wrongly naturalized"; a legal effort to do this presented enormous challenges.[94] An examination by the Immigration and Naturalization Service of 1.1 million people who were granted citizenship from September 1995 to September 1996 found 4,946 cases in which a criminal arrest should have disqualified an applicant or in which an applicant lied about his or her criminal history.[94] Before the 2008 election, there was controversy about the speed of the USCIS in processing applications; one report suggested that the agency would complete 930,000 applications in time for the newly processed citizens to vote in the November 2008 election.[95] Foreign-born naturalized citizens tend to vote at the same rates as natives. For example, in the state of New Jersey in the 2008 election, the foreign born represented 20.1% of the state's population of 8,754,560; of these, 636,000 were eighteen or older and hence eligible to vote; of eligible voters, 396,000 actually voted, which was about 62%.[96] So foreign-born citizens vote in roughly the same proportion (62%) as native citizens (67%).[96]

There has been controversy about the agency in charge of citizenship. The USCIS has been criticized as being a "notoriously surly, inattentive bureaucracy" with long backlogs in which "would-be citizens spent years waiting for paperwork".[57] Rules made by Congress and the federal government regarding citizenship are highly technical and often confusing, and the agency is forced to cope with enforcement within a complex regulatory milieu. There have been instances in which applicants for citizenship have been deported on technicalities.[97] One Pennsylvania doctor and his wife, both from the Philippines, who applied for citizenship, and one Mr. Darnell from Canada who was married to an American with two children from this marriage, ran afoul of legal technicalities and faced deportation.[97] The New York Times reported that "Mr. Darnell discovered that a 10-year-old conviction for domestic violence involving a former girlfriend, even though it had been reduced to a misdemeanor and erased from his public record, made him ineligible to become a citizen — or even to continue living in the United States".[97] Overworked federal examiners under pressure to make "quick decisions" as well as "weed out security risks" have been described as preferring "to err on the side of rejection".[97] In 2000, 399,670 applications were denied (about 1⁄3 of all applications); in 2007, 89,683 applications for naturalization were denied, about 12% of those presented.[97]

Generally, eligibility for citizenship is denied for the millions of people living in the United States illegally, although from time to time, there have been amnesties. In 2006, there were mass protests numbering hundreds of thousands of people throughout the United States demanding United States citizenship for illegal immigrants.[98] Many carried banners which read "We Have A Dream Too".[98] One estimate is that there were 12 million illegal immigrants in the United States in 2006.[98] Many American high school students have citizenship issues.[99] In 2008, it was estimated that there were 65,000 illegal immigrant students.[99] The number was less clear for post-secondary education.[citation needed] A 1982 Supreme Court decision, Plyler v. Doe 457 U.S. 202 (1982),[f] entitled illegal immigrants to free education from kindergarten through high school.[99][100][101] Undocumented immigrants who get arrested face difficulties in the courtroom as they have no constitutional right to challenge the outcome of their deportation hearings.[102] In 2009, writer Tom Barry of the Boston Review criticized the crackdown against illegal immigrants since it "flooded the federal courts with nonviolent offenders, besieged poor communities, and dramatically increased the United States prison population, while doing little to solve the problem itself".[103] Barry criticized the United States' high incarceration rate as being "fives times greater than the average rate in the rest of the world".[103] Virginia senator Jim Webb agreed that "we are doing something dramatically wrong in our criminal justice system".[103]

Relinquishment of citizenship edit

Main article: Relinquishment of United States nationality
 
Certificate of Loss of Nationality of the United States, issued by the United States Embassy in Asunción, Paraguay. According to the document, the subject had acquired no other nationality at the time of issuance; hence leaving him stateless.

United States citizens can relinquish their citizenship, which involves abandoning the right to reside in the United States and all the other rights and responsibilities of citizenship.[104] "Relinquishment" is the legal term covering all seven different potentially-expatriating acts (ways of giving up citizenship) under 8 U.S.C. § 1481(a). "Renunciation" refers to two of those acts: swearing an oath of renunciation before a United States diplomatic or consular officer abroad, or before an official designated by the attorney general within the United States during a state of war.[105] Out of an estimated three to six million United States citizens residing abroad, between five and six thousand relinquished citizenship each year in 2015 and 2016.[106] United States nationality law treats people who performs potentially-expatriating acts with intent to give up United States citizenship as ceasing to be United States citizens from the moment of the act, but United States tax law since 2004 treats such individuals as though they remain United States citizens until they notify the State Department and apply for a Certificate of Loss of Nationality (CLN).[107]

Renunciation requires an oath to be sworn before a State Department officer and thus involves in-person attendance at an embassy or consulate, but applicants for CLNs on the basis of other potentially-expatriating acts must attend an in-person interview as well. During the interview, a State Department official assesses whether the person acted voluntarily, intended to abandon all rights of United States citizenship, and understands the consequences of their actions. The State Department strongly recommends that Americans intending to relinquish citizenship have another citizenship, but will permit Americans to make themselves stateless if they understand the consequences.[105] There is a US$2,350 administrative fee for the process.[108] In addition, an expatriation tax is imposed on some individuals relinquishing citizenship, but payment of the tax is not a legal prerequisite for relinquishing citizenship; rather, the tax and its associated forms are due on the normal tax due date of the year following relinquishment of citizenship.[109] State Department officials do not seek to obtain any tax information from the interviewee, and instruct the interviewee to contact the IRS directly with any questions about taxes.[110]

Revocation of citizenship edit

Citizenship can be revoked under certain circumstances. For instance, if held that a naturalized person has concealed material evidence, willfully misrepresented themselves, or engaged in subversive activities, then they may have their naturalization revoked.[111]

A citizen does not lose United States citizenship when they perform such acts like seeking office in a foreign state.[112] However, the higher office and more important role a citizen holds in a foreign government, the more limited the exercise of consular rights of United States citizenship will be: "Serving as a foreign head of state/government or foreign minister may affect the level of immunity from United States jurisdiction that a dual national may be afforded. All such cases should be referred to the Office of the Assistant Legal Adviser for Consular Affairs".[112]

From September 22, 1922, to the passage of Nationality Act of 1940, a woman holding United States citizenship could lose it simply by marriage to an alien or certain aliens ineligible for citizenship.[113][114]

See also edit

Explanatory footnotes edit

  1. ^ Text of Afroyim v. Rusk, 387 U.S. 253 (1967) is available from: Cornell  CourtListener  Findlaw  Google Scholar  Justia  Library of Congress 
  2. ^ Text of United States v. Wong Kim Ark, 169 U.S. 649 (1898) is available from: Cornell  CourtListener  Google Scholar  Justia  Library of Congress  OpenJurist 
  3. ^ Text of Ozawa v. United States, 260 U.S. 178 (1922) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  OpenJurist 
  4. ^ Text of United States v. Bhagat Singh Thind, 261 U.S. 204 (1923) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress 
  5. ^ Although American Samoa is permanently inhabited, there is no statute that bequeaths citizenship upon those born there nor does the Citizenship Clause apply there since it is an unincorporated territory (see the American Samoan citizenship and nationality page for more information). The same can be said for the United States Minor Outlying Islands, wherein there is no statute granting birthright citizenship there nor does the Citizenship Clause apply within those islands due to those islands being unincorporated territories (except for the Palmyra Atoll, which is designated as an incorporated territory, therefore the Citizenship Clause is in force in the Atoll).
  6. ^ Text of Plyler v. Doe, 457 U.S. 202 (1982) is available from: Cornell  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio) 

References edit

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  35. ^ Note: women achieved the right to vote in 1919 after a constitutional amendment.
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  85. ^ 8 FAM 308.3 Non-Citizen U.S. Nationality in The Commonwealth of the Northern Mariana Islands. United States Department of State. 8 FAM 308.3-1 CNMI Applicants Claiming National Status. Retrieved June 9, 2020.   This article incorporates text from this source, which is in the public domain.
  86. ^ a b Should American Samoans be citizens? Danny Cevallos. CNN. February 11, 2014. Retrieved March 7, 2015.
  87. ^ 8 FAM 308.9 Acquisition by Birth Abroad to Non-Citizen United States National Parent(s). Foreign Affairs Manual. United States Department of State.   This article incorporates text from this source, which is in the public domain.
  88. ^ "Title 8: Aliens and Nationality - PART 325: NATIONALS BUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE WITHIN OUTLYING POSSESSIONS". Electronic Code of Federal Regulations (eCFR). United States Government Publishing Office. August 29, 2011. Retrieved January 25, 2023.
  89. ^ 8 FAM 505.2 Passport Endorsements 8 FAM 505.2-2 List of Current endorsements. United States Department of State. Retrieved July 18, 2018.   This article incorporates text from this source, which is in the public domain.
  90. ^ "Giuliani Sidesteps Whether Illegals Should Get Citizenship Without First Leaving United States". ABC News. March 23, 2007. Retrieved November 19, 2009. Former New York Mayor Rudy Giuliani sidestepped whether he supports giving illegal immigrants a path to citizenship without first requiring them to leave the country while campaigning Thursday in the Washington, D.C. area.
  91. ^ Ian Urbina (May 12, 2008). "Voter ID Battle Shifts to Proof of Citizenship". The New York Times. Retrieved November 19, 2009. The battle over voting rights will expand this week as lawmakers in Missouri are expected to support a proposed constitutional amendment to enable election officials to require proof of citizenship from anyone registering to vote.
  92. ^ a b Ed O'Keefe (November 19, 2009). "Eye Opener: Citizenship and the Census". The Washington Post. Retrieved November 19, 2009. Happy Friday! Should the 2010 Census account for a person's citizenship status? At least two Republican lawmakers think so, arguing the forthcoming Congressional reapportionment should not be swayed by illegal immigrants, who whose numbers will give more seats to certain states.
  93. ^ Census Nonsense, Los Angeles Times, May 29, 2010; see also, Steve Camarota, Remaking the Political Landscape: The Impact of Illegal and Legal Immigration on Congressional Apportionment Center for Immigration Studies, October 2003.
  94. ^ a b c Eric Schmitt (May 24, 1997). "United States Is Seeking To Strip 5,000 Of Citizenship". The New York Times. Retrieved November 19, 2009. The Clinton Administration will seek to strip the citizenship of nearly 5,000 immigrants who were wrongly naturalized in an immigration drive last year, Federal officials said today.
  95. ^ Julia Preston (March 15, 2008). "Goal Set for Reducing Backlog on Citizenship Applications". The New York Times. Retrieved November 19, 2009. Immigration officials said on Friday that they expected to complete about 930,000 citizenship applications in the fiscal year ending September 30, reducing a huge backlog in a time frame that would allow many new citizens to register to vote in the November elections.
  96. ^ a b "Role of Foreign-born Voters in Election". mpI Migration Policy Institute. November 20, 2009. Retrieved November 20, 2009. Note: click on "New Jersey" MPI election profiles for all 50 states and the District of Columbia, examining voter registration by nativity, providing breakdowns for foreign-born citizens as a share of total state population, and detailing their turnout in the 2004 general election, and by ethnicity.
  97. ^ a b c d e Julia Preston (April 12, 2008). . The New York Times. Archived from the original on July 6, 2022. Retrieved November 19, 2009. Dr. Pedro Servano always believed that his journey from his native Philippines to the life of a community doctor in Pennsylvania would lead to American citizenship.
  98. ^ a b c Laura Parker (April 11, 2006). "Immigrants, backers demand citizenship". USA Today. Retrieved November 19, 2009. Hundreds of thousands of people demanding United States citizenship for illegal immigrants took to the streets in dozens of cities from New York to San Diego on Monday in some of the most widespread demonstrations since the mass protests began around the country last month.
  99. ^ a b c Eddy Ramírez (August 7, 2008). "Should Colleges Enroll Illegal Immigrants?". U.S. News & World Report. Retrieved November 19, 2009. A native of Poland, she has resided in the United States unlawfully for most of her 21 years. Unless federal immigration laws change and allow undocumented students like her to become legal residents, she won't be able to put her degree to use and work as an American engineer.
  100. ^ Farley, Robert (November 13, 2015). "Trump Challenges Birthright Citizenship". FactCheck.org. The Annenberg Public Policy Center. Retrieved November 1, 2018.
  101. ^ Barnes, Robert (October 30, 2018). "Trump again raises much-debated but rarely tested question of birthright citizenship". The Washington Post. Retrieved August 18, 2020.
  102. ^ Dan Slater (January 9, 2009). "Mukasey Limits Ineffective Assistance Challenge for Aliens". The Wall Street Journal. Retrieved December 16, 2009. On Wednesday, Michael Mukasey ruled that aliens have no constitutional right to challenge the outcome of their deportation hearings based on their lawyers' mistakes.
  103. ^ a b c Tom Barry (November 1, 2009). . Boston Review. Archived from the original on August 23, 2011. Retrieved December 16, 2009. Although the term "criminal aliens" has no precise definition, its broadening use reflects a trend in dealing with immigrants. With the post-9/11 creation of DHS and its two agencies — Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) — a wide sector of aliens increasingly became the focus of joint efforts by immigration and law enforcement officers.
  104. ^ "7 FAM 1220: Developing a Loss-of-Nationality Case". Foreign Affairs Manual. Department of State. September 19, 2014. Retrieved June 17, 2017.   This article incorporates text from this source, which is in the public domain.
  105. ^ a b "7 FAM 1210: Loss and Restoration of United States Citizenship". Foreign Affairs Manual. Department of State. December 19, 2014. Retrieved June 15, 2017.   This article incorporates text from this source, which is in the public domain.
  106. ^ Lee, Young Ran (2017). "Considering 'Citizenship Taxation': In Defense of FATCA". Florida Tax Review. 20: 346–347. SSRN 2972248.
  107. ^ Berg, Roy (November 30, 2014). FATCA in Canada: The 'Cure' for a United States Place of Birth (PDF). 66th Annual Canadian Tax Foundation Annual Conference. Toronto. p. 20. Retrieved April 16, 2018.
  108. ^ Spiro, Peter (2017). "Citizenship Overreach". Michigan Journal of International Law. 38 (2): 169. SSRN 2956020.
  109. ^ Dentino, William L.; Manolakas, Christine (2012). "The Exit Tax: A Move in the Right Direction". William & Mary Business Law Review. 3 (2): 350. Retrieved April 16, 2018.
  110. ^ "7 FAM 1240: Interagency Coordination and Reporting Requirements". Foreign Affairs Manual. Department of State. November 12, 2015. Retrieved June 15, 2017.   This article incorporates text from this source, which is in the public domain.
  111. ^ "[USC02] 8 USC 1451: Revocation of naturalization". United States Code. from the original on October 9, 2023.
  112. ^ a b . travel.state.gov. March 12, 2019. Archived from the original on December 20, 2023.
  113. ^ (PDF). Archived from the original (PDF) on March 31, 2016. Retrieved August 30, 2019.
  114. ^ "[USC02] 8 USC 1435: Former citizens regaining citizenship". United States Code. from the original on October 9, 2023.

Further reading edit

  • Abdelfatah, Rund; Ramtin Arablouei (June 9, 2022). "By Accident of Birth". Throughline. Retrieved September 3, 2023.
  • Frost, Amanda (2021). You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers. Boston: Beacon Press. ISBN 9780807051429. OCLC 1164826057.
  • Nackenoff, Carol (2021). American by Birth: Wong Kim Ark and the Battle for Citizenship (First/Unabridged ed.). Lawrence, Kansas: University Press of Kansas. ISBN 9780700631926. OCLC 1195815540.

External links edit

  • Citizenship and the American Empire, Noted on the Legislative History of the United States Citizenship of Puerto Ricans

February 15, 2024
citizenship, united, states, citizen, redirects, here, people, americans, this, article, about, united, states, citizenship, general, legal, issues, naturalization, united, states, nationality, legal, status, that, entails, americans, with, specific, rights, d. U S citizen redirects here For the people see Americans This article is about United States citizenship in general For legal issues and naturalization see United States nationality law Citizenship of the United States 2 3 is a legal status that entails Americans with specific rights duties protections and benefits in the United States It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States such as freedom of expression due process the rights to vote however not all citizens have the right to vote in all federal elections for example those living in Puerto Rico live and work in the United States and to receive federal assistance 4 5 United States nationality gives the right to acquire a United States passport 1 The one shown above is a post 2007 issued passport A passport is commonly used as an identity document and as proof of citizenship There are two primary sources of citizenship birthright citizenship in which persons born within the territorial limits of the United States are presumed to be a citizen or providing certain other requirements are met born abroad to a United States citizen parent 6 7 and naturalization a process in which an eligible legal immigrant applies for citizenship and is accepted 8 The first of these two pathways to citizenship is specified in the Citizenship Clause of the Fourteenth Amendment of the Constitution which reads 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 The second is provided for in U S law In Article One of the Constitution the power to establish a uniform rule of naturalization is granted explicitly to Congress United States law permits multiple citizenship Citizens of other countries who are naturalized as United States citizens may retain their previous citizenship although they must renounce allegiance to the other country A United States citizen retains United States citizenship when becoming the citizen of another country should that country s laws allow it United States citizenship can be renounced by Americans via a formal procedure at a United States embassy 9 10 National citizenship signifies membership in the country as a whole state citizenship in contrast signifies a relation between a person and a particular state and has application generally limited to domestic matters State citizenship may affect 1 tax decisions 2 eligibility for some state provided benefits such as higher education and 3 eligibility for state political posts such as United States senator At the time of the American Civil War state citizenship assumed a much increased importance when it was widely deemed to have a prior claim over the citizens loyalty in the seceding Southern states Contents 1 Rights duties and benefits 1 1 Rights 1 2 Duties 1 3 Benefits 2 Civic participation 3 Dual citizenship 4 History of citizenship in the United States 5 Birthright citizenship 6 Naturalized citizenship 6 1 Agency in charge 6 2 Pathways to citizenship 6 3 Strong demand 6 4 Citizenship ceremonies 7 Honorary citizenship 8 Corporate citizenship 9 Distinction between citizenship and nationality 9 1 Historic and current grants of non citizen nationality 9 2 Legal distinctions between United States citizens and non citizen nationals 10 Controversies 11 Relinquishment of citizenship 12 Revocation of citizenship 13 See also 14 Explanatory footnotes 15 References 16 Further reading 17 External linksRights duties and benefits editRights edit nbsp The United States military has been an all volunteer force since the end of the Vietnam War but male United States citizens and non citizens are still required to register for the military draft within 30 days of their 18th birthday Freedom to reside and work United States citizens have the right to reside and work in the United States Certain non citizens such as lawful permanent residents have similar rights however non citizens unlike citizens may have the right taken away For example they may be deported if convicted of a serious crime 11 Freedom to enter and leave the United States United States citizens have the right to enter and leave the United States freely Certain non citizens such as permanent residents have similar rights Unlike permanent residents United States citizens do not have an obligation to maintain residence in the United States they can leave for any length of time and return freely at any time citation needed Voting for federal office in all fifty states and the District of Columbia is restricted to citizens only States are not required to extend the franchise to all citizens for example several states bar citizen felons from voting even after they have completed any custodial sentence The United States Constitution bars states from restricting citizens from voting on grounds of race color previous condition of servitude sex failure to pay any tax or age for citizens who are at least eighteen years old Historically many states and local jurisdictions have allowed non citizens to vote however today this is limited to local elections in very few places Citizens are not compelled to vote Freedom to stand for public office The United States Constitution requires that all members of the United States House of Representatives have been citizens for seven years and that all senators have been citizens for nine years before taking office Most states have similar requirements for example California requires that legislators have been citizens for three years and the Governor has been a citizen for five years upon taking office The United States Constitution requires that one be a natural born Citizen and a United States resident for fourteen years in order to be president of the United States or vice president of the United States The Constitution also stipulates that otherwise eligible citizens must meet certain age requirements for these offices Right to apply for federal employment Many federal government jobs require applicants to have United States citizenship United States citizens can apply for federal employment within a government agency or department 12 Duties edit nbsp United States citizens may be summoned to serve on a jury nbsp Citizens are required to file United States taxes even if they do not live in the United States Jury duty is only imposed upon citizens Jury duty may be considered the sole differential obligation between non citizens and citizens the federal and state courts uniformly exclude non citizens from jury pools today and with the exception of a few states in the past this has always been the case 13 Military participation is not currently required in the United States but a policy of conscription of men has been in place at various times both in war and in peace in American history most recently during the Vietnam War Currently the United States Armed Forces are a professional all volunteer force although both male United States citizens and male non citizen permanent residents are required to register with the Selective Service System and may be called up in the event of a future draft Johns Hopkins University political scientist Benjamin Ginsberg writes The professional military has limited the need for citizen soldiers 5 Taxes In the United States today everyone except those whose income is derived from tax exempt revenue Subchapter N Section 861 of the U S Tax Code is required to file a federal income tax return U S citizens are subject to federal income tax on worldwide income regardless of their country of residence 14 Census A response to the decennial United States census is mandated by Article I Section 2 of the United States Constitution and by Title 13 of the United States Code of all residents A response to the American Community Survey is also mandated by Title 13 U S Code Sections 141 193 and 221 as changed by Title 18 Benefits edit Consular protection outside the United States While traveling abroad if a person is arrested or detained by foreign authorities the person can request to speak to somebody from the United States Embassy or Consulate Consular officials can provide resources for Americans incarcerated abroad such as a list of local attorneys who speak English The United States government may even intervene on the person s behalf 15 Non citizen United States nationals also have this benefit Increased ability to sponsor relatives living abroad 15 Several types of immigrant visas require that the person requesting the visa be directly related to a United States citizen Having United States citizenship facilitates the granting of IR and F visas to family members Ability to invest in United States real property without triggering FIRPTA Perhaps the only quantifiable economic benefit of United States citizenship citizens are not subject to additional withholding tax on income and capital gains derived from United States real estate under the Foreign Investment in Real Property Tax Act FIRPTA citation needed Transmission of United States citizenship to children born abroad Generally children born to two United States citizen parents abroad are automatically United States citizens at birth When the parents are one United States citizen and one non United States citizen certain conditions about the United States citizen s parent s length of time spent in the United States need to be met 16 Non citizen United States nationals also have a similar benefit transmission of non citizen United States nationality to children born abroad Protection from deportation 15 17 Naturalized United States citizens are no longer considered aliens and cannot be placed into deportation proceedings Other benefits The USCIS sometimes honors the achievements of naturalized United States citizens The Outstanding American by Choice Award was created by the USCIS to recognize the outstanding achievements of naturalized United States citizens and past recipients include author Elie Wiesel who won the Nobel Peace Prize Indra K Nooyi who was CEO of PepsiCo John Shalikashvili who was Chairman of the Joint Chiefs of Staff and others 18 Further citizenship status can affect which country an athlete can compete as a member of in competitions such as the Olympics 19 Civic participation editCivic participation is not required in the United States There is no requirement to attend town meetings belong to a political party or vote in elections However a benefit of naturalization is the ability to participate fully in the civic life of the country 15 Moreover to be a citizen means to be vitally important to politics and not ignored 20 There is disagreement about whether popular lack of involvement in politics is helpful or harmful Vanderbilt professor Dana D Nelson suggests that most Americans merely vote for president every four years and sees this pattern as undemocratic In her book Bad for Democracy Nelson argues that declining citizen participation in politics is unhealthy for long term prospects for democracy However writers such as Robert D Kaplan in The Atlantic see benefits to non involvement he wrote the very indifference of most people allows for a calm and healthy political climate 21 Kaplan elaborated Apathy after all often means that the political situation is healthy enough to be ignored The last thing America needs is more voters particularly badly educated and alienated ones with a passion for politics 21 He argued that civic participation in itself is not always a sufficient condition to bring good outcomes and pointed to authoritarian societies such as Singapore which prospered because it had relative safety from corruption from breach of contract from property expropriation and from bureaucratic inefficiency 22 Dual citizenship edit nbsp Dual citizenship means persons can travel with two passports Both the United States and Nicaragua permit dual citizenship A person who is considered a citizen by more than one nation has dual citizenship It is possible for a United States citizen to have dual citizenship this can be achieved in various ways such as by birth in the United States to a parent who is a citizen of a foreign country or in certain circumstances the foreign nationality may be transmitted even by a grandparent by birth in another country to a parent s who is are a United States citizen s or by having parents who are citizens of different countries Anyone who becomes a naturalized United States citizen is required to renounce any prior allegiance to other countries during the naturalization ceremony 23 The State Department states that A United States citizen may naturalize in a foreign state without any risk to his or her United States citizenship 24 The earliest recorded instances of dual citizenship began before the French Revolution when the British captured American ships and forced them back to Europe The British Crown considered subjects from the United States as British by birth and forced them to fight in the Napoleonic Wars 25 Under certain circumstances there are relevant distinctions between dual citizens who hold a substantial contact with a country for example by holding a passport or by residing in the country for a certain period of time and those who do not For example under the Heroes Earnings Assistance and Relief Tax HEART Act of 2008 United States citizens in general are subject to an expatriation tax if they give up United States citizenship but there are exceptions specifically 26 U S C 877A g 1 b for those who are either under age 18 1 2 upon giving up United States citizenship and have lived in the United States for less than ten years in their lives or who are dual citizens by birth residing in their other country of citizenship at the time of giving up United States citizenship and have lived in the United States for less than ten out of the past fifteen years 26 Similarly the United States considers holders of a foreign passport to have a substantial contact with the country that issued the passport which may preclude security clearance United States citizens are required by federal law to identify themselves with a United States passport not with any other foreign passport when entering or leaving the United States 27 The Supreme Court case of Afroyim v Rusk 387 U S 253 1967 a declared that a United States citizen did not lose his citizenship by voting in an election in a foreign country or by acquiring foreign citizenship if they did not intend to lose United States citizenship United States citizens who have dual citizenship do not lose their United States citizenship unless they renounce it officially 28 History of citizenship in the United States edit nbsp A Welcome to United States Citizenship Pub M 76 rev 09 1970 See also Nationality law in the American Colonies Citizenship began in colonial times as an active relation between men working cooperatively to solve municipal problems and participating actively in democratic decision making such as in New England town hall meetings Men met regularly to discuss local affairs and make decisions These town meetings were described as the earliest form of American democracy 29 which was vital since citizen participation in public affairs helped keep democracy sturdy according to Alexis de Tocqueville in 1835 30 A variety of forces changed this relation during the nation s history Citizenship became less defined by participation in politics and more defined as a legal relation with accompanying rights and privileges While the realm of civic participation in the public sphere has shrunk 31 32 33 the citizenship franchise has been expanded to include not just propertied white adult men but black men 34 and adult women 35 The Supreme Court affirmed in United States v Wong Kim Ark 169 U S 649 1898 b that per the Fourteenth Amendment s Citizenship Clause an ethnic Chinese person born in the United States becomes a citizen 36 37 This is distinct from naturalized citizenship in 1922 the Court held in Ozawa v United States 260 U S 178 c that a Japanese person born in Japan but resident in the United States for twenty years could not be naturalized under the law of the time and in 1923 in United States v Bhagat Singh Thind 261 U S 204 d that an Indian person could not be naturalized In the Ozawa decision it was noted that In all of the naturalization acts from 1790 to 1906 the privilege of naturalization was confined to white persons with the addition in 1870 of those of African nativity and descent 1906 being the most recent legislation in question at the time The Equal Nationality Act of 1934 allowed a foreign born child of a US citizen mother and an alien father who had entered US territory before age 18 and lived in the United States for five years to apply for United States citizenship for the first time 38 It also made the naturalization process quicker for American women s alien husbands 38 This law equalized expatriation immigration naturalization and repatriation rules between women and men 38 39 However it was not applied retroactively and was modified by later laws such as the Nationality Act of 1940 38 40 Birthright citizenship editMain article Birthright citizenship in the United States United States citizenship is usually acquired by birth when a child is born within the territory of the United States For the purposes of birthright citizenship the territory of the United States consists of the 50 U S states the District of Columbia Guam Puerto Rico the Northern Mariana Islands the United States Virgin Islands and the Palmyra Atoll e 41 42 43 Citizenship however was not specified in the original Constitution In 1868 the Fourteenth Amendment specifically defined persons who were either born or naturalized in the United States and subject to its jurisdiction as citizens 44 45 All babies born in the United States except those born to enemy aliens in wartime or the children of foreign diplomats enjoy United States citizenship under the Supreme Court s long standing interpretation of the Fourteenth Amendment regardless of the citizenship or immigration status of their parents 46 The amendment states 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 47 There remains dispute as to who is subject to the jurisdiction of the United States at birth 48 By acts of Congress every person born in Puerto Rico the United States Virgin Islands Guam and the Northern Mariana Islands is a United States citizen by birth 49 Also every person born in the former Panama Canal Zone whose father or mother or both are or were a citizen is a United States citizen by birth 50 Regardless of where they are born children of United States citizens are United States citizens in most cases Children born outside the United States with at least one United States citizen parent usually have birthright citizenship by parentage A child of unknown parentage found in the United States while under the age of five is considered a US citizen unless and until it is proven before that child reaches the age of twenty two the child had not been born in the US 51 While persons born in the United States are considered to be citizens and can obtain US passports children under the age of eighteen are legally considered to be minors and cannot vote stand for or hold public office Upon the person s eighteenth birthday they are considered to be full citizens although no official ceremony takes place and no correspondence between the government and the new citizen occurs to acknowledge the relation Citizenship is assumed to exist and the relation is assumed to remain viable until death or until it is renounced or dissolved by some other legal process Secondary schools ideally teach the basics of citizenship and create informed and responsible citizens who are skilled in the arts of effective deliberation and action 52 Americans who live in foreign countries and become members of other governments have in some instances been stripped of citizenship although there have been court cases where decisions regarding citizenship have been reversed 53 Naturalized citizenship editArticle I Section 8 of the U S constitution gives Congress the power To establish an uniform Rule of Naturalization 54 Acts of Congress provide for acquisition of citizenship by persons not born in the U S 55 Agency in charge edit nbsp Albert Einstein received his certificate of United States citizenship from Judge Phillip Forman The agency in charge of admitting new citizens is the United States Citizenship and Immigration Services commonly abbreviated as USCIS 56 It is a bureau of the Department of Homeland Security It offers web based services 57 The agency depends on application fees for revenue in 2009 with a struggling economy applications were down sharply and consequently there was much less revenue to upgrade and streamline services 57 There was speculation that if the administration of president Barack Obama passed immigration reform measures then the agency could face a welcome but overwhelming surge of Americans in waiting and longer processing times for citizenship applications 57 The USCIS has made efforts to digitize records 58 A USCIS website says the United States Citizenship and Immigration Services USCIS is committed to offering the best possible service to you our customer 59 and which says With our focus on customer service we offer you a variety of services both before and after you file your case 59 The website allowed applicants to estimate the length of time required to process specific types of cases to check application status and to access a customer guide 59 The USCIS processes cases in the order they re received 59 Pathways to citizenship edit nbsp Military service is often a key to citizenship here a U S Navy sailor receives his certificate of United States citizenship from the commander of the USS George Washington CVN 73 People applying to become United States citizens must satisfy certain requirements For example applicants must generally have been permanent residents for five years three if married to a United States citizen be of good moral character meaning no felony convictions be of sound mind in the judgment of immigration officials have a knowledge of the Constitution and be able to speak and understand English unless they are elderly or disabled 60 Applicants must also pass a citizenship test 60 Until recently a test published by the Immigration and Naturalization Service asked questions such as How many stars are there in our flag and What is the Constitution and Who is the president of the United States today 60 At one point the Government Printing Office sold flashcards for US 8 50 to help test takers prepare for the test 61 In 2006 the government replaced the former trivia test with a ten question oral test designed to shun simple historical facts about America that can be recounted in a few words for more explanation about the principles of American democracy such as freedom 56 One reviewer described the new citizenship test as thoughtful 57 While some have criticized the new version of the test officials counter that the new test is a teachable moment without making it conceptually more difficult since the list of possible questions and answers as before will be publicly available 56 Six correct answers constitute a passing grade 56 The new test probes for signs that immigrants understand and share American values 56 One way to become a permanent resident is to apply to the US government Diversity Visa DV lottery This program permits foreigners to apply for a drawing to become a permanent resident 62 Military participation can also allow immigrant residents to become citizens The military has had a tradition of filling out its ranks with aliens living in the United States 63 64 The financial and social benefits of citizenship can motivate persons to participate in potentially hazardous activities such as military service For example a 2009 article in The New York Times said that the United States Military was recruiting skilled immigrants who are living in this country with temporary visas by promising an opportunity to become citizens in as little as six months in exchange for service in Afghanistan and Iraq where United States forces are stretched thin 65 One estimate was that in 2009 the US military had 29 000 foreign born people currently serving who were not American citizens 65 In 2003 of 1 4 million service members 37 000 active duty members were not citizens and of these 20 had applied for citizenship 66 In 2002 President Bush signed an executive order to eliminate the three year waiting period and made service personnel immediately eligible for citizenship 66 In 2003 Congress voted to cut the waiting period to become a citizen from three years down to one year for immigrants who had served in the armed forces 66 Spouses of citizens or non citizens who served in the military also become citizens more quickly citation needed The option was not open to illegal immigrants 65 One analyst noted that many immigrants not yet citizens have volunteered to serve in the United States military forces Some have been killed and others wounded Perhaps this can be seen as a cynical attempt to qualify more easily for United States citizenship But I think that service in the United States military has to be taken as a pretty serious commitment to the United States 67 66 By June 2003 twelve non citizens had died while on active duty in the United States armed forces during the Iraqi war 66 Grandparent rule Section 322 of the Immigration and Nationality Act of 1952 INA added in 1994 enabled children of a United States citizen who did not become citizens at birth to use the physical presence period in the United States of a grandparent who was a citizen to qualify for United States citizenship 68 Under the Child Citizenship Act of 2000 Section 322 was amended to extend also to children who generally reside outside the United States with a United States citizen parent whether biological or adopted 69 The child must be in the legal and physical custody of the United States citizen parent the child and parent must be lawfully present in the United States for the interview and the child must take the oath of allegiance before the age of 18 years for those 14 years or older The application Form N 600K may only be submitted by the United States citizen parent or by the grandparent or legal guardian within 5 years of the parent s death 70 In 2006 there were 4 000 applications of citizenship using the physical presence of grandparents Israel comprises 90 of those taking advantage of the clause 68 Not to be confused with Grandfather clause Strong demand edit According to a senior fellow at the Migration Policy Institute citizenship is a very very valuable commodity 71 However one study suggested legal residents eligible for citizenship but who don t apply tend to have low incomes 41 do not speak English well 60 or have low levels of education 25 15 There is strong demand for citizenship based on the number of applications filed 71 From 1920 to 1940 the number of immigrants to the United States who became citizens numbered about 200 000 each year there was a spike after World War II and then the level reduced to about 150 000 per year until resuming to the 200 000 level beginning about 1980 72 In the mid 1990s to 2009 the levels rose to about 500 000 per year with considerable variation 72 In 1996 more than one million people became citizens through naturalization 73 In 1997 there were 1 41 million applications filed in 2006 1 38 million 71 The number of naturalized citizens in the United States rose from 6 5 million in the mid 1990s to 11 million in 2002 74 By 2003 the pool of immigrants eligible to become naturalized citizens was 8 million and of these 2 7 million lived in California 74 In 2003 the number of new citizens from naturalization was 463 204 17 In 2007 the number was 702 589 17 In 2007 1 38 million people applied for citizenship creating a backlog 71 In 2008 applications decreased to 525 786 71 Naturalization fees were US 60 in 1989 US 90 in 1991 US 95 in 1994 US 225 in 1999 US 260 in 2002 US 320 in 2003 US 330 in 2005 75 In 2007 application fees were increased from US 330 to US 595 and an additional US 80 computerized fingerprinting fee was added 71 The biometrics fee was increased to US 85 in 2010 On December 23 2014 the application fees were increased again from US 595 to US 640 The high fees have been criticized as putting up one more wall to citizenship 56 Increases in fees for citizenship have drawn criticism 76 Doris Meissner a senior fellow at the Migration Policy Institute and former Immigration and Naturalization Service Commissioner doubted that fee increases deter citizenship seekers 71 In 2009 the number of immigrants applying for citizenship plunged 62 reasons cited were the slowing economy and the cost of naturalization 71 Citizenship ceremonies edit nbsp December 21 1973 Congress Hall Program and Welcome Letter from Pres Richard NixonThe citizenship process has been described as a ritual that is meaningful for many immigrants 56 Many new citizens are sworn in during Independence Day ceremonies 17 Most citizenship ceremonies take place at offices of the United States Citizenship and Immigration Services However one swearing in ceremony was held at Arlington National Cemetery in Virginia in 2008 The judge who chose this venue explained I did it to honor our country s warriors and to give the new citizens a sense for what makes this country great 77 According to federal law citizenship applicants who are also changing their names must appear before a federal judge 77 Honorary citizenship edit nbsp Polish Count Kazimierz Pulaski was awarded with the honorary distinction of citizen 230 years after he fought and died in the Revolutionary War The title of Honorary Citizen of the United States has been granted eight times by an act of Congress or by a proclamation issued by the president pursuant to authorization granted by Congress The eight individuals are Sir Winston Churchill Raoul Wallenberg William Penn Hannah Callowhill Penn Mother Teresa the Marquis de Lafayette Casimir Pulaski and Bernardo de Galvez y Madrid Viscount of Galveston and Count of Galvez Sometimes the government awarded non citizen immigrants who died fighting for American forces with the posthumous title of United States citizen but this is not considered honorary citizenship 66 In June 2003 Congress approved legislation to help families of fallen non citizen soldiers 66 Corporate citizenship editSince corporations are considered persons in the eyes of the law some carry US citizenship US citizenship s main advantage for a corporation is the protection and support of the United States government in legal or bureaucratic disputes For example the airline Virgin America asked the United States Department of Transportation to be treated as an American air carrier when jockeying with foreign governments for access to air routes and overseas airports 78 Alaska Airlines a competitor of Virgin America asked for a review of the situation suggesting that Virgin violated a provision of United States law requiring foreign ownership in a United States air carrier be limited to 25 of the voting interest in the carrier 78 For the purposes of diversity jurisdiction in the United States civil procedure corporate citizenship is determined by the principal place of business of the corporation There is some degree of disagreement among legal authorities as to how exactly this may be determined citation needed Distinction between citizenship and nationality edit nbsp Message in the passport of an American Samoan stating that the passport holder is a national not citizen of the U SThe Immigration and Nationality Act of 1952 made a distinction between citizenship and nationality of the United States all United States citizens are also United States nationals but not all U S nationals are also U S citizens 79 Hence it is possible for a person to be a national of the United States but not a U S citizen Historic and current grants of non citizen nationality edit The federal government of the United States takes the position that unincorporated territories of the United States are not in the United States for purposes of the Citizenship Clause of the Fourteenth Amendment to the U S Constitution which grants U S citizenship at birth to people born in the United States Hence people born in an unincorporated territory of the United States are U S citizens at birth only if Congress has passed a citizenship statute for that territory otherwise they become non citizen U S nationals at birth instead as per 8 U S C 1408 Currently American Samoa is the only unincorporated territory of the United States where newborn infants become non citizen U S nationals at birth Although international law and Supreme Court dicta would regard persons born in a United States Minor Outlying Island as non citizen nationals of the United States the nationality status of these persons is not specifically mentioned by US law 80 The U S government position regarding American Samoa began to be challenged in court in the 2010s A 2016 ruling by the D C Circuit Court upheld the government s position that American Samoa is not in the United States for purposes of the Fourteenth Amendment and thus American Samoans are nationals but not citizens at birth 81 A 2021 ruling by the 10th Circuit Court of Appeals similarly upheld the government s position and reversed a lower court ruling that said American Samoan plaintiffs were United States citizens at birth 82 83 Unlike people born in American Samoa people born in Puerto Rico Guam the United States Virgin Islands and the Northern Mariana Islands on or after November 4 1986 have United States citizenship at birth as Congress has granted this status by law People born in the Northern Mariana Islands before November 4 1986 automatically gained U S citizenship on that date 84 but they could choose to give up U S citizenship and become non citizen U S nationals within 6 months after the later of November 4 1986 and the date they turned 18 years old 85 Legal distinctions between United States citizens and non citizen nationals edit United States citizenship grants more privileges and rights than non citizen United States nationality 86 For example while non citizen U S nationals can reside and work in the United States without restrictions both they and foreign nationals and citizens are not allowed to vote in federal or state elections although there is no constitutional prohibition against their doing so By statute law most non citizen U S nationals pass their U S nationality to children born outside the United States similarly to U S citizens 87 Non citizen U S nationals can apply for naturalization if they want to become U S citizens In order to be naturalized non citizen U S nationals must meet similar requirements to foreign nationals meaning non citizen nationals must pay a US 640 fee as of May 29 2023 pass a good moral character assessment be fingerprinted and pass an English and civics examination 86 However unlike foreign nationals non citizen U S nationals do not need to hold permanent residency of the U S when they apply for citizenship and they can count their legal residence and physical presence in unincorporated U S territories the same as presence in the U S proper toward the naturalization requirements 88 The United States passport issued to non citizen nationals of the United States contains the endorsement code 9 which states The bearer is a United States national and not a United States citizen on the annotations page 89 Controversies editThe issue of citizenship naturalization is a highly contentious matter in United States politics particularly regarding illegal immigrants Candidates in the 2008 presidential election such as Rudolph Giuliani tried to carve out a middle ground on the issue of illegal immigration but rivals such as John McCain advocated legislation requiring illegal immigrants to first leave the country before being eligible to apply as citizens 90 Some measures to require proof of citizenship upon registering to vote have met with controversy 91 Controversy can arise when citizenship affects political issues Whether to include questions about current citizenship status in the United States Census questions has been debated in the Senate 60 92 Census data affects state electoral clout it also affects budgetary allocations 92 Including non citizens in Census counts also shifts political power to states that have large numbers of non citizens due to the fact that reapportionment of congressional seats is based on Census data and including non citizens in the census is mandated by the United States Constitution 93 There have been controversies based on speculation about which way newly naturalized citizens are likely to vote Since immigrants from many countries have been presumed to vote Democratic if naturalized there have been efforts by Democratic administrations to streamline citizenship applications before elections to increase turnout Republicans in contrast have exerted pressure to slow down the process 94 In 1997 there were efforts to strip the citizenship of 5 000 newly approved immigrants who it was thought had been wrongly naturalized a legal effort to do this presented enormous challenges 94 An examination by the Immigration and Naturalization Service of 1 1 million people who were granted citizenship from September 1995 to September 1996 found 4 946 cases in which a criminal arrest should have disqualified an applicant or in which an applicant lied about his or her criminal history 94 Before the 2008 election there was controversy about the speed of the USCIS in processing applications one report suggested that the agency would complete 930 000 applications in time for the newly processed citizens to vote in the November 2008 election 95 Foreign born naturalized citizens tend to vote at the same rates as natives For example in the state of New Jersey in the 2008 election the foreign born represented 20 1 of the state s population of 8 754 560 of these 636 000 were eighteen or older and hence eligible to vote of eligible voters 396 000 actually voted which was about 62 96 So foreign born citizens vote in roughly the same proportion 62 as native citizens 67 96 There has been controversy about the agency in charge of citizenship The USCIS has been criticized as being a notoriously surly inattentive bureaucracy with long backlogs in which would be citizens spent years waiting for paperwork 57 Rules made by Congress and the federal government regarding citizenship are highly technical and often confusing and the agency is forced to cope with enforcement within a complex regulatory milieu There have been instances in which applicants for citizenship have been deported on technicalities 97 One Pennsylvania doctor and his wife both from the Philippines who applied for citizenship and one Mr Darnell from Canada who was married to an American with two children from this marriage ran afoul of legal technicalities and faced deportation 97 The New York Times reported that Mr Darnell discovered that a 10 year old conviction for domestic violence involving a former girlfriend even though it had been reduced to a misdemeanor and erased from his public record made him ineligible to become a citizen or even to continue living in the United States 97 Overworked federal examiners under pressure to make quick decisions as well as weed out security risks have been described as preferring to err on the side of rejection 97 In 2000 399 670 applications were denied about 1 3 of all applications in 2007 89 683 applications for naturalization were denied about 12 of those presented 97 Generally eligibility for citizenship is denied for the millions of people living in the United States illegally although from time to time there have been amnesties In 2006 there were mass protests numbering hundreds of thousands of people throughout the United States demanding United States citizenship for illegal immigrants 98 Many carried banners which read We Have A Dream Too 98 One estimate is that there were 12 million illegal immigrants in the United States in 2006 98 Many American high school students have citizenship issues 99 In 2008 it was estimated that there were 65 000 illegal immigrant students 99 The number was less clear for post secondary education citation needed A 1982 Supreme Court decision Plyler v Doe 457 U S 202 1982 f entitled illegal immigrants to free education from kindergarten through high school 99 100 101 Undocumented immigrants who get arrested face difficulties in the courtroom as they have no constitutional right to challenge the outcome of their deportation hearings 102 In 2009 writer Tom Barry of the Boston Review criticized the crackdown against illegal immigrants since it flooded the federal courts with nonviolent offenders besieged poor communities and dramatically increased the United States prison population while doing little to solve the problem itself 103 Barry criticized the United States high incarceration rate as being fives times greater than the average rate in the rest of the world 103 Virginia senator Jim Webb agreed that we are doing something dramatically wrong in our criminal justice system 103 Relinquishment of citizenship editMain article Relinquishment of United States nationality nbsp Certificate of Loss of Nationality of the United States issued by the United States Embassy in Asuncion Paraguay According to the document the subject had acquired no other nationality at the time of issuance hence leaving him stateless United States citizens can relinquish their citizenship which involves abandoning the right to reside in the United States and all the other rights and responsibilities of citizenship 104 Relinquishment is the legal term covering all seven different potentially expatriating acts ways of giving up citizenship under 8 U S C 1481 a Renunciation refers to two of those acts swearing an oath of renunciation before a United States diplomatic or consular officer abroad or before an official designated by the attorney general within the United States during a state of war 105 Out of an estimated three to six million United States citizens residing abroad between five and six thousand relinquished citizenship each year in 2015 and 2016 106 United States nationality law treats people who performs potentially expatriating acts with intent to give up United States citizenship as ceasing to be United States citizens from the moment of the act but United States tax law since 2004 treats such individuals as though they remain United States citizens until they notify the State Department and apply for a Certificate of Loss of Nationality CLN 107 Renunciation requires an oath to be sworn before a State Department officer and thus involves in person attendance at an embassy or consulate but applicants for CLNs on the basis of other potentially expatriating acts must attend an in person interview as well During the interview a State Department official assesses whether the person acted voluntarily intended to abandon all rights of United States citizenship and understands the consequences of their actions The State Department strongly recommends that Americans intending to relinquish citizenship have another citizenship but will permit Americans to make themselves stateless if they understand the consequences 105 There is a US 2 350 administrative fee for the process 108 In addition an expatriation tax is imposed on some individuals relinquishing citizenship but payment of the tax is not a legal prerequisite for relinquishing citizenship rather the tax and its associated forms are due on the normal tax due date of the year following relinquishment of citizenship 109 State Department officials do not seek to obtain any tax information from the interviewee and instruct the interviewee to contact the IRS directly with any questions about taxes 110 Revocation of citizenship editCitizenship can be revoked under certain circumstances For instance if held that a naturalized person has concealed material evidence willfully misrepresented themselves or engaged in subversive activities then they may have their naturalization revoked 111 A citizen does not lose United States citizenship when they perform such acts like seeking office in a foreign state 112 However the higher office and more important role a citizen holds in a foreign government the more limited the exercise of consular rights of United States citizenship will be Serving as a foreign head of state government or foreign minister may affect the level of immunity from United States jurisdiction that a dual national may be afforded All such cases should be referred to the Office of the Assistant Legal Adviser for Consular Affairs 112 From September 22 1922 to the passage of Nationality Act of 1940 a woman holding United States citizenship could lose it simply by marriage to an alien or certain aliens ineligible for citizenship 113 114 See also edit nbsp United States portal nbsp Politics portalAccidental American Anchor baby Birth tourism Birthright citizenship in the United States of America Birthright generation Citizenship general discussion for all nations Citizenship education DREAM Act History of citizenship Jus soli Natural born citizen of the United States Undocumented students in the United States Undocumented youth in the United States United States nationality lawExplanatory footnotes edit Text of Afroyim v Rusk 387 U S 253 1967 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Text of United States v Wong Kim Ark 169 U S 649 1898 is available from Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist Text of Ozawa v United States 260 U S 178 1922 is available from CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Text of United States v Bhagat Singh Thind 261 U S 204 1923 is available from CourtListener Findlaw Google Scholar Justia Library of Congress Although American Samoa is permanently inhabited there is no statute that bequeaths citizenship upon those born there nor does the Citizenship Clause apply there since it is an unincorporated territory see the American Samoan citizenship and nationality page for more information The same can be said for the United States Minor Outlying Islands wherein there is no statute granting birthright citizenship there nor does the Citizenship Clause apply within those islands due to those islands being unincorporated territories except for the Palmyra Atoll which is designated as an incorporated territory therefore the Citizenship Clause is in force in the Atoll Text of Plyler v Doe 457 U S 202 1982 is available from Cornell Google Scholar Justia Library of Congress Oyez oral argument audio References edit Get a passport Travel state gov April 1 2011 Retrieved April 8 2014 nbsp This article incorporates text from this source which is in the public domain Hooven amp Allison Co v Evatt 324 U S 652 1945 Justia Law United States Black s Law Dictionary 6th ed United States 1990 p 1533 a href Template Cite encyclopedia html title Template Cite encyclopedia cite encyclopedia a CS1 maint location missing publisher link Top 10 Reasons to become a United States citizen American Immigration Center Retrieved January 30 2018 a b Heineman book reviewer Robert July 2004 Downsizing Democracy How America Sidelined Its Citizens and Privatized Its Public book by Matthew A Crenson and Benjamin Ginsberg Independent Institute Retrieved December 16 2009 The withholding tax has made the voluntary component of tax collection much less important and the professional military has limited the need for citizen soldiers 8 U S C 1401 Nationals and citizens of United States at birth United States Citizenship Department of Homeland Security Retrieved December 24 2017 nbsp This article incorporates text from this source which is in the public domain Note A person is presumed to be a full citizen in the sense of having a duty to pay some types of taxes and serve on juries upon reaching the age of majority At present the age of majority is 18 years 8 U S C 1101 a 23 The term naturalization means the conferring of nationality of a state upon a person after birth by any means whatsoever emphasis added 8 U S C 1481 Legal Considerations Travel state gov Archived from the original on January 14 2010 Retrieved April 8 2014 nbsp This article incorporates text from this source which is in the public domain United States Citizenship and Immigration Services Citizenship Through Naturalization A Guide to Naturalization page 28 of 58 in PDF page 25 in hard copy nbsp This article incorporates text from this source which is in the public domain Services USCIS United States Citizenship and Immigration September 1 2014 English The Citizen s Almanac Pub M 76 rev 09 2014 United States Citizenship and Immigration Services Fundamental Documents Symbols and Anthems of the United States PDF retrieved July 2 2017 nbsp This article incorporates text from this source which is in the public domain Peter J Spiro December 31 2007 Beyond Citizenship American Identity After Globalization American Identity After Globalization Oxford University Press p 99 ISBN 978 0 19 972225 9 Martin A Vaughan May 28 2008 New Law Makes Escape Tougher For Tax Exiles The Wall Street Journal Retrieved November 19 2009 It s been called the ultimate estate plan moving to a desert island or other far off locale to escape the clutches of the Internal Revenue Service Indeed hundreds of Americans do formally renounce their United States citizenship every year many in order to protect their wealth from income estate and gift taxes But last week Congress may have made life less rewarding for tax exiles a b c d e Citizenship and Civic Engagement mpI Migration Policy Institute November 20 2009 Retrieved November 20 2009 United States citizenship which is attained through the naturalization process brings many benefits to immigrants and to the United States 8 U S C 1401 c and d a b c d Julia Preston July 5 2007 Surge Seen in Applications for Citizenship The New York Times Retrieved November 19 2009 The number of legal immigrants seeking to become United States citizens is surging officials say prompted by imminent increases in fees to process naturalization applications citizenship drives across the country and new feelings of insecurity among immigrants PRNewswire April 27 2009 Outstanding American by Choice Award Announced by the United States Citizenship Reuters Archived from the original on February 1 2013 Retrieved November 19 2009 Recipients of the award display exceptional accomplishments through professional achievements and leadership civic participation responsible citizenship and demonstrate outstanding commitment to the United States while embodying the values and ideals that are inherent to this country and within each of its citizens Jere Longman March 3 2000 Olympics Marathon Runner s United States Citizenship Is on the Line The New York Times Retrieved November 19 2009 Khalid Khannouchi the world record holder in the marathon has still not given up hope of obtaining American citizenship in time to compete in the 2008 Summer Olympics in Sydney Australia If he does gain citizenship he is considering the unusual prospect of running both the London Marathon on April 16 and the Olympic trials three weeks later in Pittsburgh friends said Rouder Susan 1977 American Politics Playing the Game Hopewell New Jersey Houghton Mifflin Company p 5 ISBN 0 395 24971 6 a b Robert D Kaplan December 1 1997 Was Democracy Just a Moment The Atlantic Retrieved November 27 2009 Then there are malls with their own rules and security forces as opposed to public streets private health clubs as opposed to public playgrounds incorporated suburbs with strict zoning and other mundane aspects of daily existence in which perhaps without realizing it because the changes have been so gradual we opt out of the public sphere and the social contract for the sake of a protected setting Robert D Kaplan December 1 1997 Was Democracy Just a Moment The Atlantic Retrieved November 27 2009 Lee Kuan Yew s offensive neo authoritarianism is paternalistic meritocratic and decidedly undemocratic has forged prosperity from abject poverty Doesn t liberation from filth and privation count as a human right Jeffrey Sachs writes that good government means relative safety from corruption from breach of contract from property expropriation and from bureaucratic inefficiency Title 8 of Code of Federal Regulations 8 CFR 8 CFR Part 1337 Oath of allegiance 1337 1 Oath of allegiance U S Code of Federal Regulations Retrieved September 16 2011 I hereby declare on oath that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince potentate state or sovereignty of whom or which I have heretofore been a subject or citizen nbsp This article incorporates text from this source which is in the public domain Dual Nationality travel state gov Spiro Peter J January 2017 At Home in Two Countries The Past and Future of Dual Citizenship European Journal of American Studies doi 10 4000 ejas 11962 S2CID 151680329 Retrieved July 30 2017 Webel Beth Gandhu Christopher December 19 2011 Cut United States tax ties Advisor ca Rogers Media Retrieved October 11 2013 US State Department Services Dual Nationality travel state gov Archived from the original on October 14 2012 United States Mexicans Gain Dual Citizenship The New York Times March 20 2003 Retrieved November 19 2009 Maria Sanchez was proud to become a United States citizen in 1985 but it did not completely erase the sense of loss she felt over having to give up her Mexican citizenship Jonathan Alter March 3 2010 Who Cares About Iowa Newsweek Retrieved July 15 2011 While New Hampshire has no minorities or big cities there s plenty of both in upcoming primaries the New England town hall meeting was the earliest form of American democracy Jean Bethke Elshtain October 29 1996 Democracy at Century s End speech Brigham Young University Archived from the original on March 18 2012 Retrieved July 15 2011 Alexis de Tocqueville in his classic work Democracy in America argued that one reason the American democracy he surveyed was so sturdy was that citizens took an active part in public affairs Paula Span November 20 2005 Jersey An Exercise In Community The New York Times Retrieved July 15 2011 A few years ago in an influential book called Bowling Alone Robert Putnam a professor of public policy at Harvard warned of the decline in civic engagement the loss of social capital that keeps neighborhoods and towns vital Naomi Wolf November 25 2007 Hey Young Americans Here s a Text for You The Washington Post Retrieved July 15 2011 Is America still America if millions of us no longer know how democracy works When I speak on college campuses I find that students are either baffled by democracy s workings or that they don t see any point in engaging in the democratic process Sometimes both Naomi Wolf September 27 2007 Books The End of America The Washington Post Retrieved July 15 2011 I want to summarize why I believe we are facing a real crisis My reading showed me that there are 10 key steps that would be despots always take when they are seeking to close down an open society or to crush a democracy movement and we are seeing each of those in the US today Note after the Fourteenth Amendment during the American Civil War blacks became technically enfranchised as citizens although segregation and discrimination did not begin to break down until the twentieth century Note women achieved the right to vote in 1919 after a constitutional amendment Ho James Chiun Yue 2006 Defining American Birthright Citizenship and the Original Understanding of the 14th Amendment PDF The Green Bag 9 4 376 ISSN 1095 5216 Archived from the original PDF on October 30 2010 Retrieved March 27 2012 Paul Deanna October 30 2018 Trump wants to end birthright citizenship A judge he appointed says he can t Washington Post Archived from the original on November 16 2018 Retrieved December 20 2018 a b c d Sally Kitch August 6 2009 The Specter of Sex Gendered Foundations of Racial Formation in the United States SUNY Press pp 179 ISBN 978 1 4384 2754 6 Ervin Eugene Lewis Merritt Madison Chambers 1935 New Frontiers of Democracy The Story of America in Transition American Education Press Incorporated Richard Marback February 16 2015 Generations Rethinking Age and Citizenship Wayne State University Press pp 203 ISBN 978 0 8143 4081 3 See 8 U S C 1101 a 36 and 8 U S C 1101 a 38 Providing the term State and United States definitions on the United States Federal Code Immigration and Nationality Act 8 U S C 1101a 8 U S C 1401 8 U S C 1401a 8 U S C 1401b 8 U S C 1402 8 U S C 1403 8 U S C 1404 8 U S C 1405 8 U S C 1406 8 U S C 1407 8 U S C 1408 8 U S C 1409 3222 Citizenship by Birth Department of Social Services State of South Dakota April 2003 Archived from the original on February 25 2011 Retrieved March 26 2011 nbsp This article incorporates text from this source which is in the public domain Jones Martha S October 31 2018 The Real Origins of Birthright Citizenship The Atlantic As Trump strikes at birthright citizenship Americans and Indians look up 14th Amendment The Times of India October 31 2018 Romney Eyeing End to Birthright Citizenship ABC News July 22 2007 Retrieved November 19 2009 ABC News Teddy Davis Reports Republican presidential hopeful Mitt Romney backs an end to the policy known as chain migration but he has not yet reached a conclusion on the more controversial question of whether the United States should end birthright citizenship for children born in the United States to illegal immigrants The Constitution of the United States Amendments 11 27 Retrieved April 8 2014 via National Archives and Records Administration nbsp This article incorporates text from this source which is in the public domain See Birthright citizenship in the United States Political controversies 8 U S C secs 1402 Puerto Rico 1406 Virgin Islands and 1407 Guam 48 U S C sec 1801 US NMI Covenant sec 303 Northern Mariana Islands 8 U S C sec 1403 8 U S Code 1401 Nationals and citizens of United States at birth LII Legal Information Institute Susan Jo Keller October 27 1996 Bringing Up Citizens The New York Times Retrieved December 16 2009 But teachers are quick to say that it takes more to produce a good citizen than using their 50 minute slices of a student s day for a week or two before the election to talk about the Presidential race And convincing students that their ballots count is only part of it Metro Dateline American Citizenship Restored to Kahane Published The New York Times February 21 1987 Retrieved November 19 2009 A Federal judge yesterday restored the American citizenship of Rabbi Meir Kahane the Brooklyn born founder of the Jewish Defense League who emigrated to Israel more than 15 years ago Article 1 The Legislative Branch Section 8 Powers of Congress usconstitution net Retrieved November 29 2021 Citizenship and Nationality United States Department Of State Archived from the original on January 20 2008 Retrieved January 14 2008 nbsp This article incorporates text from this source which is in the public domain a b c d e f g Ben Arnoldy November 17 2006 United States to unveil new citizenship test Christian Science Monitor Retrieved November 19 2009 To gain American citizenship immigrants must be able to answer such questions as What was the 49th state added to our Union What color are the stars on our flag And who wrote the Star Spangled Banner Sound trivial The US government thinks so and plans to roll out a new pilot test this winter a b c d e Editorial staff September 25 2009 A Commitment to Citizenship The New York Times Retrieved November 19 2009 Reports this week that the United States citizenship agency was yet again struggling with a budget shortfall and considering raising fees on the hopeful immigrants who are its main source of revenue could have led any American to wonder what kind of beacon to the world we are anymore PRNewswire May 26 2009 CSC Receives US 27 Million Task Order From United States Citizenship and Immigration Reuters Archived from the original on February 1 2013 Retrieved November 19 2009 CSC NYSE CSC announced today that United States Citizenship and Immigration Services USCIS awarded the company a task order to conduct scanning indexing and file management operations at a records digitization facility The new agreement which was signed during the company s fourth quarter fiscal year 2009 has a one year performance period and a contract value of US 27 million a b c d USCIS Processing Time Information United States government United States Citizenship and Immigration Services November 20 2009 Retrieved November 20 2009 United States Citizenship and Immigration Services USCIS is committed to offering the best possible service to you our customer With our focus on customer service we offer you a variety of services both before and after you file your case nbsp This article incorporates text from this source which is in the public domain a b c d Andrew Taylor November 5 2009 Senate blocks census US citizenship question NJ com Retrieved November 19 2009 Senate Democrats have blocked a GOP attempt to require next year s census forms to ask people whether they are a United States citizen Bill Nichols May 16 2006 Study guide for United States citizenship test omits freedom of press USA Today Retrieved November 19 2009 A set of flashcards designed to help applicants for United States citizenship learn basic civics has become one of the most popular items sold by the Government Printing Office But the US 8 50 flashcards which contain questions and answers from the actual citizenship exam won t help immigrants learn much about the role of the press in American democracy DV Lottery www dvprogram state gov National Affairs Passport to Citizenship Time April 2 1951 Archived from the original on November 23 2010 Retrieved November 19 2009 Though the Army had never gone abroad to hire foreign mercenaries it had long filled out its ranks with aliens living in the United States In World War II an honorable service record gave aliens citizenship in three years instead of five Tom Regan December 26 2006 United States military may recruit foreigners to serve Christian Science Monitor Archived from the original on February 27 2009 Retrieved November 19 2009 Struggling to fill its depleted ranks using American citizenry the US military is considering recruiting more non US citizens according to Pentagon officials a b c Julia Preston February 14 2009 United States Military Will Offer Path to Citizenship The New York Times Retrieved November 19 2009 Stretched thin in Afghanistan and Iraq the American military will begin recruiting skilled immigrants who are living in this country with temporary visas offering them the chance to become United States citizens in as little as six months a b c d e f g Tatiana Morales July 4 2003 Citizenship For Immigrant Soldiers CBS News Retrieved November 19 2009 An easy assumption to make is that the men and women serving in our armed forces are American citizens But that is not always the case When the war broke out and casualties started to mount it was discovered that some who died were still waiting to become Americans Michael Barone November 30 2005 Dual citizenship U S News amp World Report Retrieved November 19 2009 I participated today in a panel at the Hudson Institute on dual citizenship The subject was Hudson s John Fonte s paper lamenting dual citizenship and urging penalties for United States citizens who have foreign citizenship and exercise that citizenship by voting or running for office in foreign elections a b Miriam Jordan October 16 2007 Citizenship via Grandparents The Wall Street Journal Archived from the original on May 2 2008 Retrieved November 19 2009 A swelling number of Israelis are flying to the United States armed with tattered United States high school diplomas and faded marriage certificates to try to tap into an obscure clause in United States immigration law that enables some grandparents to pass citizenship to their grandchildren Chapter 5 Child Residing Outside of the United States INA 322 UCSIS Retrieved July 12 2018 Instructions for Application for Citizenship and Issuance of Certicate Under Section 322 Form N 600K Instructions PDF UCSIS July 13 2017 Retrieved July 12 2018 a b c d e f g h Tara Bahrampour September 12 2009 Number of Immigrants Applying for United States Citizenship Is Down 62 Study Finds The Washington Post Retrieved November 19 2009 The number of immigrants applying to become United States citizens plunged 62 last year as the cost of naturalization rose and the economy soured according to an analysis released Friday by the National Council of La Raza a Latino advocacy organization a b Number of Immigrants Who Became United States Citizens Fiscal Year 1920 to 2008 mpI Migration Policy Institute November 20 2009 Retrieved November 20 2009 William Booth November 17 1996 The United States Citizenship Test Learning And Earning Their Stripes The Washington Post Retrieved November 19 2009 A record number of immigrants more than 1 million will become United States citizens this year a b Michael Fix Jeffrey S Passel Kenneth Sucher September 2003 Immigrant Families and Workers Trends in Naturalization pdf Urban Institute Immigration Studies Program Retrieved November 20 2009 Citizenship Fee Increases In Context Figure 1 Naturalization Applications Processed and Pending at USCIS FY 1985 to 2005 mpI Migration Policy Institute November 20 2009 Retrieved November 20 2009 Agency Plans to Double United States Citizenship Fee The New York Times September 4 1997 Retrieved November 19 2009 The cost of becoming a United States citizen would more than double under a draft proposal by the Clinton Administration but the idea is drawing fire from advocates for immigrants The Immigration and Naturalization Service has forwarded to the Justice Department a plan to raise a variety of fees including increasing the citizenship application to US 200 or more from the current US 95 a b Jerry Markon June 12 2008 Judge Offers Lesson In United States Citizenship The Washington Post Retrieved November 19 2009 Ellis had moved his Alexandria courtroom to Arlington National Cemetery to swear in immigrants from more than 30 countries as United States citizens the first time a naturalization ceremony was held on the hallowed grounds in the cemetery s 144 year history He wanted to impress upon the new citizens the sacrifices made for their freedom a b Harry R Weber September 4 2009 Virgin America to DOT Dismiss citizenship challenge USA Today Retrieved November 19 2009 Privately held air carrier Virgin America asked the Department of Transportation on Thursday to deny Alaska Airlines repeated challenges to its United States citizenship status and close the case 8 U S C 1101 a 22 The term national of the United States means A a citizen of the United States or B a person who though not a citizen of the United States owes permanent allegiance to the United States Miller v Albright 523 U S 420 423 24 1998 Persons not born in the United States acquire United States citizenship or American nationality by birth only as provided by Acts of Congress Jaen v Sessions F 3d No 17 1512 2d Cir Aug 13 2018 case involving a United States citizen in removal proceedings Anderson v Holder 673 F 3d 1089 1092 9th Cir 2012 same Ricketts v Attorney General of the United States F 3d No 16 3182 p 5 note 3 3d Cir July 30 2018 Citizenship and nationality are not synonymous While all citizens are nationals not all nationals are citizens Mohammadi v Islamic Republic of Iran 782 F 3d 9 15 D C Cir 2015 The sole such statutory provision that presently confers United States nationality upon non citizens is 8 U S C 1408 see also 8 U S C 1436 Nationals but not citizens residence within outlying possessions 8 FAM 302 1 Historical Background to Acquisition by Birth in United States Territories and Possessions United States Department of State 8 FAM 302 1 4 Status of Inhabitants of Territories Not Mentioned in the Immigration and Nationality Act INA Retrieved Jun 9 2020 Tuaua v United States 788 F 3d 300 301 02 D C Cir 2015 The judgment of the district court is affirmed the Citizenship Clause does not extend birthright citizenship to those born in American Samoa Fitisemanu v United States No 20 4017 10th Cir 2021 Such consideration properly falls under the purview of Congress a point on which we fully agree with the concurrence These circumstances advise against the extension of birthright citizenship to American Samoa We reverse Pampuro Amanda June 16 2021 American Samoans Are Not Born Into US Citizenship Courthouse News Service Retrieved September 13 2021 Covenant cnmilaw org 8 FAM 308 3 Non Citizen U S Nationality in The Commonwealth of the Northern Mariana Islands United States Department of State 8 FAM 308 3 1 CNMI Applicants Claiming National Status Retrieved June 9 2020 nbsp This article incorporates text from this source which is in the public domain a b Should American Samoans be citizens Danny Cevallos CNN February 11 2014 Retrieved March 7 2015 8 FAM 308 9 Acquisition by Birth Abroad to Non Citizen United States National Parent s Foreign Affairs Manual United States Department of State nbsp This article incorporates text from this source which is in the public domain Title 8 Aliens and Nationality PART 325 NATIONALS BUT NOT CITIZENS OF THE UNITED STATES RESIDENCE WITHIN OUTLYING POSSESSIONS Electronic Code of Federal Regulations eCFR United States Government Publishing Office August 29 2011 Retrieved January 25 2023 8 FAM 505 2 Passport Endorsements 8 FAM 505 2 2 List of Current endorsements United States Department of State Retrieved July 18 2018 nbsp This article incorporates text from this source which is in the public domain Giuliani Sidesteps Whether Illegals Should Get Citizenship Without First Leaving United States ABC News March 23 2007 Retrieved November 19 2009 Former New York Mayor Rudy Giuliani sidestepped whether he supports giving illegal immigrants a path to citizenship without first requiring them to leave the country while campaigning Thursday in the Washington D C area Ian Urbina May 12 2008 Voter ID Battle Shifts to Proof of Citizenship The New York Times Retrieved November 19 2009 The battle over voting rights will expand this week as lawmakers in Missouri are expected to support a proposed constitutional amendment to enable election officials to require proof of citizenship from anyone registering to vote a b Ed O Keefe November 19 2009 Eye Opener Citizenship and the Census The Washington Post Retrieved November 19 2009 Happy Friday Should the 2010 Census account for a person s citizenship status At least two Republican lawmakers think so arguing the forthcoming Congressional reapportionment should not be swayed by illegal immigrants who whose numbers will give more seats to certain states Census Nonsense Los Angeles Times May 29 2010 see also Steve Camarota Remaking the Political Landscape The Impact of Illegal and Legal Immigration on Congressional Apportionment Center for Immigration Studies October 2003 a b c Eric Schmitt May 24 1997 United States Is Seeking To Strip 5 000 Of Citizenship The New York Times Retrieved November 19 2009 The Clinton Administration will seek to strip the citizenship of nearly 5 000 immigrants who were wrongly naturalized in an immigration drive last year Federal officials said today Julia Preston March 15 2008 Goal Set for Reducing Backlog on Citizenship Applications The New York Times Retrieved November 19 2009 Immigration officials said on Friday that they expected to complete about 930 000 citizenship applications in the fiscal year ending September 30 reducing a huge backlog in a time frame that would allow many new citizens to register to vote in the November elections a b Role of Foreign born Voters in Election mpI Migration Policy Institute November 20 2009 Retrieved November 20 2009 Note click on New Jersey MPI election profiles for all 50 states and the District of Columbia examining voter registration by nativity providing breakdowns for foreign born citizens as a share of total state population and detailing their turnout in the 2004 general election and by ethnicity a b c d e Julia Preston April 12 2008 Perfectly Legal Immigrants Until They Applied for Citizenship The New York Times Archived from the original on July 6 2022 Retrieved November 19 2009 Dr Pedro Servano always believed that his journey from his native Philippines to the life of a community doctor in Pennsylvania would lead to American citizenship a b c Laura Parker April 11 2006 Immigrants backers demand citizenship USA Today Retrieved November 19 2009 Hundreds of thousands of people demanding United States citizenship for illegal immigrants took to the streets in dozens of cities from New York to San Diego on Monday in some of the most widespread demonstrations since the mass protests began around the country last month a b c Eddy Ramirez August 7 2008 Should Colleges Enroll Illegal Immigrants U S News amp World Report Retrieved November 19 2009 A native of Poland she has resided in the United States unlawfully for most of her 21 years Unless federal immigration laws change and allow undocumented students like her to become legal residents she won t be able to put her degree to use and work as an American engineer Farley Robert November 13 2015 Trump Challenges Birthright Citizenship FactCheck org The Annenberg Public Policy Center Retrieved November 1 2018 Barnes Robert October 30 2018 Trump again raises much debated but rarely tested question of birthright citizenship The Washington Post Retrieved August 18 2020 Dan Slater January 9 2009 Mukasey Limits Ineffective Assistance Challenge for Aliens The Wall Street Journal Retrieved December 16 2009 On Wednesday Michael Mukasey ruled that aliens have no constitutional right to challenge the outcome of their deportation hearings based on their lawyers mistakes a b c Tom Barry November 1 2009 A Death in Texas Profits poverty and immigration converge Boston Review Archived from the original on August 23 2011 Retrieved December 16 2009 Although the term criminal aliens has no precise definition its broadening use reflects a trend in dealing with immigrants With the post 9 11 creation of DHS and its two agencies Immigration and Customs Enforcement ICE and Customs and Border Protection CBP a wide sector of aliens increasingly became the focus of joint efforts by immigration and law enforcement officers 7 FAM 1220 Developing a Loss of Nationality Case Foreign Affairs Manual Department of State September 19 2014 Retrieved June 17 2017 nbsp This article incorporates text from this source which is in the public domain a b 7 FAM 1210 Loss and Restoration of United States Citizenship Foreign Affairs Manual Department of State December 19 2014 Retrieved June 15 2017 nbsp This article incorporates text from this source which is in the public domain Lee Young Ran 2017 Considering Citizenship Taxation In Defense of FATCA Florida Tax Review 20 346 347 SSRN 2972248 Berg Roy November 30 2014 FATCA in Canada The Cure for a United States Place of Birth PDF 66th Annual Canadian Tax Foundation Annual Conference Toronto p 20 Retrieved April 16 2018 Spiro Peter 2017 Citizenship Overreach Michigan Journal of International Law 38 2 169 SSRN 2956020 Dentino William L Manolakas Christine 2012 The Exit Tax A Move in the Right Direction William amp Mary Business Law Review 3 2 350 Retrieved April 16 2018 7 FAM 1240 Interagency Coordination and Reporting Requirements Foreign Affairs Manual Department of State November 12 2015 Retrieved June 15 2017 nbsp This article incorporates text from this source which is in the public domain USC02 8 USC 1451 Revocation of naturalization United States Code Archived from the original on October 9 2023 a b Advice About Possible Loss of U S Nationality and Seeking Public Office in a Foreign State travel state gov March 12 2019 Archived from the original on December 20 2023 54 Stat 1137 1936 1941 PDF Archived from the original PDF on March 31 2016 Retrieved August 30 2019 USC02 8 USC 1435 Former citizens regaining citizenship United States Code Archived from the original on October 9 2023 Further reading editAbdelfatah Rund Ramtin Arablouei June 9 2022 By Accident of Birth Throughline Retrieved September 3 2023 Frost Amanda 2021 You Are Not American Citizenship Stripping from Dred Scott to the Dreamers Boston Beacon Press ISBN 9780807051429 OCLC 1164826057 Nackenoff Carol 2021 American by Birth Wong Kim Ark and the Battle for Citizenship First Unabridged ed Lawrence Kansas University Press of Kansas ISBN 9780700631926 OCLC 1195815540 External links editCitizenship and the American Empire Noted on the Legislative History of the United States Citizenship of Puerto Ricans Retrieved from https en wikipedia org w index php title Citizenship of the United States amp oldid 1203903597 Naturalized citizenship, wikipedia, wiki, book, books, library,

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