Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
It is commonly believed that children of foreign parents born on the
high seas under the American flag are as a matter of law “born in the
United States and subject to the jurisdiction thereof,” but this is
not clearly the case. As Borchard puts it, the child “is probably
an American citizen under our law and may also be a foreign subject
_jure sanguinis_.” Hence he would, upon attaining majority, have a
right of election.
QUESTION OF DUAL NATIONALITY
Can a person gain a new citizenship without losing the old? The
aspirant for American citizenship is required in both his declaration
of intention and his final petition for naturalization to abjure in
most specific fashion not merely all other allegiances, but most
particularly that from which he has come. But the sovereignty thus
repudiated is not always willing to be abjured, and international
diplomacy has been in the past much occupied with the tangles growing
out of the question of “dual nationality.” For one not uncommon
example, the child of alien parents born in the United States and
thereby under our law a citizen of this country, may be taken in
childhood back to his father’s native land, and upon reaching
military age may be summoned to military service. The United States
has not been prone to defend such persons when their actual residence
in the old country was clear, but it has been maintained that upon
the attainment of his majority such a person has the right to elect
and re-establish his American citizenship.
The most common difficulties arise practically, however, from the
fact that under the terms of his declaration to become a citizen
of the United States, the alien repudiates his allegiance to his
fatherland and its sovereignty, but does not gain, and cannot gain,
for at least two years in any circumstances, a new citizenship. He
has in most specific fashion flouted the government he had, but the
government he desires to have will not protect him. For his practical
uses, it is a question whether he has now _two_ nationalities or
_none_! Moreover, there have been countries and times in which the
right to change allegiance was altogether denied.
In their attitude on the subject of voluntary expatriation the
nations differ widely, and are divisible in this matter under three
heads: those which deny the right altogether, those which permit it
under certain conditions, and those which place no bar in the way.
COUNTRIES DENYING THE RIGHT OF EXPATRIATION
Under the old regime, the Russian imperial government laid a heavy
penalty upon the Russian subject who returned to Russia after having
been naturalized abroad without the imperial consent.[23]
Public-domain text, read in full here on John Shaqi.
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