Expatriation

Introduction to Expatriation

Expatriation, renunciation or abandonment by a person of his or her nationality and allegiance, or acquisition of citizenship in another country. In common law, no citizen could renounce allegiance without the consent of the sovereign. By congressional enactment in 1868, the right of expatriation is recognized by the U.S. as a natural and inherent right, both as to renunciation of allegiance in favor of the U.S. and as to the right of a U.S. citizen to abdicate citizenship for that of another country.

The Immigration and Nationality Act of 1952 last codified the laws of the United States regarding the acquisition and loss of citizenship. It described various acts that, if performed by naturalized citizens only or by dual nationals only, would result in the deprivation of U.S. citizenship.

The expatriating acts for either native-born or naturalized citizens include the following: (1) becoming a naturalized citizen of another country; (2) declaring allegiance to a foreign state or to any of its political subdivisions; (3) becoming a member of the army of a foreign state without the prior authorization of the U.S. secretary of state and secretary of defense; (4) being employed by a foreign government in positions for which a declaration of allegiance is required or by persons who by accepting such employment acquire citizenship in the foreign government even though no formal declaration of allegiance is made; (5) voting in a political election of a foreign state; (6) formally renouncing citizenship in a foreign country before a U.S. foreign service officer; (7) renouncing citizenship in the U.S. during a state of war upon the express approval of the U.S. attorney general; (8) deserting the armed forces in time of war upon conviction by a court-martial and dismissal or dishonorable discharge from the service; (9) committing or attempting acts of treason, sedition, armed overthrow, or war against the U.S., upon conviction by a court; and (10) departing from the U.S. or remaining outside the U.S. in time of war or national emergency in order to avoid military service.

The statute also provided for the loss of citizenship, with certain exceptions, for naturalized citizens who resided outside the U.S. for a period of years, and, under specified conditions, for persons who were citizens by birth of both the U.S. and of a foreign country and who have sought benefits of their foreign nationality.” (1)

Resources

Notes and References

• Information about Expatriation in the Encarta Online Encyclopedia

Guide to Expatriation