By: Brian Figeroux, Esq.
The concept of dual citizenship—also known as dual nationality—raises a complex set of questions about legal identity, allegiance, and rights. For many immigrants, expatriates, or children born to parents from different countries, the ability to hold two nationalities provides practical benefits. But does the U.S. government legally recognize this status, and what are the implications of doing so?
This article analyzes the statutory, constitutional, and judicial treatment of dual citizenship in the United States. It addresses the legal recognition of dual nationality, federal policies and court precedents, potential complications, and implications for U.S. citizens who acquire or maintain another nationality.
Legal Framework: No Formal Statute, But Permitted by Practice
There is no explicit statutory provision in the Immigration and Nationality Act (INA) that affirms or prohibits dual citizenship. However, the U.S. government does not forbid dual nationality and has accepted it as a matter of practice.
The key legislative authority—INA § 101(a)(22)—defines a “national of the United States” to include both citizens and persons who owe permanent allegiance to the U.S., but it does not address the status of individuals with allegiance to more than one country.
Instead, the U.S. government recognizes the reality that individuals can hold two (or more) nationalities, particularly in the following situations:
- A child is born in the United States to foreign parents (acquiring U.S. citizenship by birth under the 14th Amendment and another citizenship by descent).
- A U.S. citizen acquires foreign citizenship through marriage or naturalization in another country.
- A child is born abroad to U.S. citizen parents (acquiring both U.S. and foreign citizenship at birth).
Judicial Recognition: Key Supreme Court Cases
The U.S. Supreme Court has repeatedly recognized that dual nationality is permissible under U.S. law. The most prominent cases include:
- Kawakita v. United States (1952)
The Court affirmed that a person can be a national of two countries and owe allegiance to both. Tomoya Kawakita, a dual U.S.-Japanese national, was convicted of treason against the United States for acts committed during World War II. The Court ruled that possession of dual nationality did not absolve him of allegiance to the U.S.
- Afroyim v. Rusk (1967)
This landmark case held that U.S. citizens cannot be involuntarily stripped of citizenship. Afroyim, who had voted in an Israeli election, was targeted under a provision of the INA for allegedly relinquishing his U.S. citizenship. The Court ruled that citizenship is a constitutional right under the 14th Amendment, and Congress could not revoke it without the individual’s consent.
- Vance v. Terrazas (1980)
While reaffirming Afroyim, the Court clarified that the government must prove, by a preponderance of the evidence, that a citizen intended to relinquish U.S. nationality before denaturalization could occur. Dual nationality alone is insufficient grounds to revoke U.S. citizenship.
The U.S. State Department’s Policy
The U.S. Department of State’s Foreign Affairs Manual (FAM) recognizes dual citizenship explicitly. According to 7 FAM 080:
“U.S. law does not mention dual nationality or require a person to choose one citizenship or another. A U.S. citizen may naturalize in a foreign state without any risk to their U.S. citizenship so long as they do not intend to relinquish it.”
However, the FAM also emphasizes that dual nationals must obey the laws of both countries. The U.S. may not be able to assist a dual citizen in the country of their other nationality, particularly if that country considers them exclusively as its citizen.
Practical Implications for Dual Citizens
Although legally permissible, dual citizenship introduces several complications in both domestic and international affairs:
- Taxation
The U.S. taxes its citizens on worldwide income, regardless of where they live. Dual citizens living abroad may be subject to taxation by both countries, though tax treaties and foreign earned income exclusions (FEIE) can help avoid double taxation.
- Military Service
Some countries impose compulsory military service on citizens, including dual nationals. The U.S. does not intervene if a dual citizen is conscripted by their other country of nationality, provided they are within that country’s borders.
- Security Clearances
Dual citizenship may be considered a conflict of interest when applying for federal jobs or security clearances. It can be seen as a risk in sensitive positions involving national security.
- Travel and Passports
Dual nationals must enter and leave the U.S. using a U.S. passport. However, they may be required to use their other country’s passport when entering that country. Failure to comply can lead to delays or issues with border control.
Can U.S. Citizens Lose Citizenship by Acquiring Another?
The law under INA § 349(a) (8 U.S.C. § 1481) outlines several voluntary acts that may result in loss of nationality, including obtaining naturalization in a foreign state. However, the key element is intent.
U.S. citizens can only lose their citizenship if they perform one of the enumerated acts with the intention of relinquishing U.S. citizenship. As clarified by Terrazas, the U.S. government bears the burden of proving this intent.
To protect against accidental loss, individuals can file a Form DS-4079 (Request for Determination of Possible Loss of U.S. Nationality) with the State Department. Additionally, some naturalization oaths abroad may trigger review of U.S. citizenship retention depending on the wording and context.
Renunciation of U.S. Citizenship
If a dual national chooses to renounce U.S. citizenship, the process must be voluntary and conducted in front of a U.S. consular officer. The renunciation is irrevocable and can have serious consequences, including:
- Loss of the right to live or work in the U.S.
- Ineligibility for certain benefits (e.g., Social Security if not vested).
- Possible designation as a “covered expatriate” subject to an exit tax if certain asset or tax thresholds are met under the Internal Revenue Code § 877A.
Conclusion: Recognition Without Endorsement
In conclusion, while the United States does not actively encourage dual citizenship, it recognizes it under law and policy. The federal government neither requires nor prohibits dual nationality, instead applying a pragmatic approach that reflects the complexities of modern global migration, family ties, and identity.
From a legal perspective, dual citizenship is fully recognized so long as the individual maintains allegiance to the U.S., complies with its laws, and does not act with the intent to relinquish their citizenship. However, the practical consequences—ranging from taxation to diplomatic protection—require careful consideration.
Dual citizens must navigate these obligations and privileges with awareness and intentionality. The U.S. government accepts the coexistence of multiple nationalities but demands that U.S. citizenship remain legally and constitutionally protected.