Citizenship of the United States

• 1. Foundations Of Citizenship

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  The Fourteenth Amendment to the United States Constitution, ratified in 1868, declared that all persons born or naturalized in the United States and subject to its jurisdiction are citizens. This clause fundamentally altered the legal landscape by establishing birthright citizenship as a constitutional guarantee rather than a statutory privilege. Before this amendment, citizenship was often determined by state laws, leading to significant confusion and inequality across different regions of the country. The Supreme Court case United States v. Wong Kim Ark in 1898 affirmed that an ethnic Chinese person born in the United States became a citizen under this clause, regardless of their parents' nationality. This decision reinforced the principle that soil determines citizenship status for most people born on American territory. Exceptions exist for children of foreign diplomats and enemy aliens during wartime, but these cases remain rare. The amendment also granted citizenship to those who were naturalized through legal processes established by Congress. State citizenship emerged as a secondary layer, defining a person's relationship with a specific state rather than the nation as a whole. This distinction allowed states to manage domestic matters like taxation and eligibility for local political offices without interfering with federal rights.

• 2. Acquisition Pathways

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  In 2007, application fees for U.S. citizenship rose from $330 to $595, plus an additional $80 computerized fingerprinting fee, marking a significant increase in the cost of becoming a citizen. The process requires applicants to be permanent residents for five years, or three years if married to a U.S. citizen, before they can apply. Candidates must demonstrate good moral character, possess sound mental judgment, and show knowledge of the Constitution. Until recently, the government used trivia-based tests asking questions like how many stars are on the flag. In 2006, officials replaced this with a ten-question oral test designed to probe understanding of democratic principles such as freedom. Six correct answers constitute a passing grade, ensuring that new citizens grasp core American values. Military service offers another pathway; in 2002, President Bush signed an executive order allowing service personnel to become citizens immediately upon enlistment. By June 2003, twelve non-citizens had died while serving in the armed forces during the Iraqi war, highlighting the risks involved. The Department of Homeland Security's Citizenship and Immigration Services agency processes these applications, though backlogs often delay results. In 1996, more than one million people became citizens through naturalization, demonstrating strong demand despite rising costs.

• 3. Rights And Duties

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  Male United States citizens and non-citizen males must register for the military draft within thirty days of their eighteenth birthday, even though the country maintains an all-volunteer force since the end of the Vietnam War. Citizens enjoy the right to reside and work anywhere in the United States without fear of deportation, unlike lawful permanent residents who can lose this status if convicted of serious crimes. Voting remains restricted to citizens only for federal offices across all fifty states and the District of Columbia. While states may bar citizen felons from voting, they cannot restrict access based on race, color, sex, or age for those over eighteen. Jury duty stands as the sole differential obligation between citizens and non-citizens; courts uniformly exclude non-citizens from jury pools today. Citizens are also required to file federal income tax returns regardless of where they live globally. This worldwide taxation applies to all U.S. citizens except those deriving income from specific tax-exempt revenue sources under Subchapter N of the Tax Code. The government provides consular protection abroad, allowing arrested Americans to request assistance from embassies or consulates. These officials offer resources like lists of local attorneys who speak English and may intervene directly on behalf of detained individuals.

• 4. Historical Evolution

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  Citizenship began in colonial times as active participation in New England town hall meetings where men discussed local affairs and made democratic decisions. Alexis de Tocqueville described these gatherings as the earliest form of American democracy in 1835, noting that civic engagement kept democracy sturdy. Over time, citizenship shifted from political participation to a legal relationship defined by rights and privileges. The Fourteenth Amendment enfranchised black men after the Civil War, though segregation persisted until the twentieth century. Adult women achieved voting rights in 1919 following a constitutional amendment. In 1922, the Supreme Court ruled in Ozawa v. United States that Japanese persons born in Japan but residing in America for twenty years could not be naturalized. Three years later, the court decided in United States v. Bhagat Singh Thind that Indian persons were also ineligible for naturalization under existing laws. The Equal Nationality Act of 1934 equalized expatriation and immigration rules between genders for the first time. By 1940, the Nationality Act modified earlier provisions, creating a more uniform system. These changes reflected evolving societal values while maintaining strict racial barriers that would eventually erode through civil rights legislation.

• 5. Dual Nationality Status

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  The State Department states that a U.S. citizen may naturalize in a foreign state without risking their American citizenship, provided they do not intend to abandon it. Dual citizenship arose historically when British forces captured American ships before the French Revolution and forced subjects back to Europe to fight in the Napoleonic Wars. Under the Heroes Earnings Assistance and Relief Tax Act of 2008, citizens who give up their nationality face an expatriation tax unless specific exceptions apply. Those under age eighteen or those who lived in the U.S. for less than ten years are exempt from this tax. A Supreme Court case Afroyim v. Rusk declared that voting in a foreign election does not cause loss of citizenship if no intent to renounce exists. Citizens must identify themselves with a U.S. passport when entering or leaving the country, never using another nation's document instead. The government considers holders of foreign passports as having substantial contact with that issuing country, which may preclude security clearances. Renouncing citizenship requires an oath sworn before a State Department officer at an embassy or consulate abroad. In 2015 and 2016, between five and six thousand Americans relinquished citizenship each year out of an estimated three to six million residing overseas.

• 6. Non-Citizen Nationals

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  American Samoa remains the only unincorporated territory where newborn infants become non-citizen U.S. nationals at birth rather than full citizens. This status grants individuals permanent allegiance to the United States without automatic citizenship rights. People born in American Samoa can reside and work freely within the mainland but cannot vote in federal elections. Unlike residents of Puerto Rico or Guam, they do not receive birthright citizenship unless Congress passes specific legislation granting it. A 2016 ruling by the D.C. Circuit Court upheld the government position that the Fourteenth Amendment does not extend birthright citizenship to those born in American Samoa. Non-citizen nationals can apply for naturalization if they wish to become full citizens, paying a $640 fee and passing standard assessments. They do not need permanent residency when applying since their legal residence counts toward requirements. The passport issued to these individuals contains endorsement code nine stating clearly that the bearer is a national but not a citizen. Legal challenges continue into the 2020s, with courts repeatedly affirming the distinction between nationality and citizenship for Samoan-born individuals.

• 7. Political Controversies

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  In 2008, mass protests numbering hundreds of thousands occurred throughout the United States demanding citizenship for illegal immigrants who carried banners reading We Have A Dream Too. Estimates placed the number of undocumented immigrants at twelve million that year, creating intense political debate over eligibility and enforcement. Candidates like Rudy Giuliani sought middle ground while rivals such as John McCain required illegal immigrants to leave before applying for citizenship. In 1997, efforts emerged to strip citizenship from five thousand newly approved immigrants thought to have been wrongly naturalized. An examination found nearly five thousand cases where criminal arrests should have disqualified applicants or where lies were told about history. Foreign-born naturalized citizens vote at rates similar to native citizens; in New Jersey during the 2008 election, sixty-two percent of eligible foreign-born voters cast ballots compared to sixty-seven percent of natives. The USCIS agency faced criticism for being notoriously surly and maintaining long backlogs where would-be citizens waited years for paperwork. Overworked examiners often preferred rejection to avoid errors, leading to deportations on technicalities involving minor past convictions. In 2006, Congress approved legislation helping families of fallen non-citizen soldiers, acknowledging their sacrifice despite lacking formal citizenship status.