So why, if Americans can have dual citizenship, does this seem to be a question people still have? Why are people confused about whether U.S. citizens can be citizens in two or more countries?
Part of the reason is that there is no mention of dual citizenship in the U.S. Constitution.
The 14th Amendment in the United States Constitution says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
This is the only part of the Constitution that talks about citizenship. Dual citizenship is not regulated in the Constitution of the United States, but Americans are more interested than ever in getting a second passport.
When the Constitution doesn’t address something, it’s left to Congress to make laws. If there are no laws, we check what the Supreme Court has said about it. The Supreme Court has ruled more than once that Americans can be dual citizens.
There are two important Supreme Court decisions on dual citizenship:
- In Afroyim v. Rusk, the Supreme Court decided that only an American citizen can let go of its own citizenship. The government cannot cancel anyone’s citizenship - doing so violates the 5th Amendment and contradicts what the 14th amendment says about who is considered a United States citizen: “all persons born or naturalized”.
- In Vance v. Terrazas, the Court decided that having another citizenship while you are a U.S. citizen doesn’t imply you’re giving up your U.S. citizenship.
Therefore, you’re American first, even if it’s your second citizenship. Other countries may demand that you give up your American citizenship, but the U.S. has no say in that.
