Language to Enforce the Oath of Renunciation and Allegiance

Language to Enforce
the Oath of Renunciation and Allegiance

By: Center for Immigration Studies

Part 1. Sanctions for Acts Violating the Oath of Renunciation and Allegiance. The following acts performed by naturalized citizens are deemed violations of the Oath of Renunciation and Allegiance that was taken voluntarily by the new citizens. The following acts are subject to sanctions of a $10,000 fine and one year in jail for each act.

• Voting in an election of the foreign state in which the persons were previously a subject or citizen;

• Running for elective office of the foreign state in which the persons were previously a subject or citizen;

• Serving in any government body (executive, legislative, or judicial; national, provincial, or local) of the foreign state in which the persons were previously a subject or citizen;

• Using the passport of the foreign state in which the persons were previously a subject or citizen;

• Taking an oath of allegiance to the foreign state in which the persons were previously a subject or citizen;

• Serving in the armed forces of the foreign state in which the persons were previously a subject or citizen.
In exceptional cases, naturalized citizens can obtain a waiver and exemption from sanctions if any of the acts are deemed to be in the “national interests of the United States.” Waivers are granted in advance on a case-by-case basis by the Department of State in all of the above acts, except for the serving in the armed forces of the foreign state, in which case the exemption would be granted by the Department of Defense.

Part 2. Responsibility of the Department of Homeland Security to inform applicants for citizenship that the United States takes the Oath of Renunciation and Allegiance seriously and that it will be enforced. The Department of Homeland Security is directed to inform applicants for U.S. citizenship of the enforcement provisions of the Oath of Renunciation and Allegiance. The Department of Homeland Security is directed to incorporate knowledge and understanding of these enforcement provisions into the history and government test that applicants for citizenship take.

Part 3. Responsibility of the Department of State to articulate the position that the United States finds dual/multiple citizenship and nationality problematic and the presumption will be that its use should be restricted and limited as much as possible. The Department of State is directed to revise its 1990 memoranda and directives on dual citizenship and dual nationality and return to its traditional policy of viewing dual/multiple citizenship as problematic, as something to be discouraged not encouraged.

Part 4. Informing birth nations of their previous citizens’ new status as American citizens. After naturalization ceremonies, the consulates and/or embassies of the immigrant-sending foreign states are to be given a list of naturalized American citizens who are no longer subject to their jurisdiction. The Department of State, working in cooperation with the Department of Homeland Security, will inform foreign embassies and consulates that their former subjects and citizens have taken an oath of allegiance to the United States and renounced all previous allegiance and are now exclusively American citizens and no longer subject to the jurisdiction of their birth nations. The Department of State is directed to inform the foreign embassies and consulates that the United States rejects the doctrine of “perpetual allegiance.

http://www.hudson.org/files/publications/Dual_Allegiance_Challenge_to_Immigration_Reform.pdf

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