Understanding the Revocation of US Citizenship

When discussing the revocation of US citizenship, particularly birthright citizenship, it is important to delve into the complexities surrounding this issue. The United States Constitution and various legal frameworks provide clear guidance on who can be a citizen and under what circumstances that citizenship can be revoked. This article aims to clarify the legal landscape and provide insights into this often misunderstood topic.

Birthright Citizenship vs. Naturalized Citizenship

The term 'American-born' can refer to either birthright citizenship or naturalized citizenship, each with distinct legal implications.

Birthright Citizenship

Birthright citizenship is based on the provisions of the 14th Amendment to the United States Constitution, which states:

Any person born or naturalized in the United States, and subject to the jurisdiction thereof, is citizens of the United States and of the State wherein he resides.

Therefore, if an individual is born within the borders of the United States, they are entitled to US citizenship. This form of citizenship is inherent and cannot be revoked by the government unless the individual voluntarily relinquishes it or commits certain acts that are viewed as a forfeiture of citizenship.

Naturalized Citizenship

In contrast, naturalized citizenship is obtained through the legal process of becoming a citizen after meeting certain eligibility criteria. Naturalized citizens can risk having their citizenship revoked if they engage in certain activities, such as being elected to public office in another country or committing a criminal offense that results in a proceeding that can lead to revocation.

Can Birthright Citizenship be Revoked?

Birthright citizenship cannot be revoked by the government because it is a constitutional right that is inherent to the individual.

There are no federal statutes currently providing a mechanism for the revocation of birthright citizenship, although historical cases reveal that from 1790 to 1978, the government did have some authority under the Nationality Act to revoke citizenship from individuals who failed to reside in the US for a certain period by a particular age.

Exceptions to Citizenship Revocation

There are rare exceptions to the principle that birthright citizenship cannot be revoked, which include:

Treason: An individual may lose citizenship through acts of treason. Joining a foreign military: Enlisting in a foreign military during a state of war with the US or becoming an officer in a foreign military with the intention of forfeiting US citizenship is another rare scenario where citizenship may be revoked.

Historically, such actions have led to the denaturalization of individuals, as evidenced by a famous story of an individual who renounced his citizenship and faced severe consequences, including the removal of symbolic items like the buttons from his coat.

Legal Frameworks and Constitutional Protections

The US Constitution and subsequent amendments provide robust protections for citizenship. The 14th Amendment explicitly denies any State the authority to abridge the privileges or immunities of US citizens. Furthermore, the Constitution does not grant the government the authority to abridge citizenship.

Conclusion

In summary, while naturalized citizenship can be revoked under specific circumstances, birthright citizenship is essentially permanent and cannot be legally revoked. The framework for citizenship in the United States is clear and well-defined, ensuring the protection of individuals' rights as citizens.