The Citizenship Act of 1907
The Library of Congress writes, "The
primary effect of recent developments in the US regarding...
citizenship has been to add the requirement that loss of
citizenship can only result when the person in question intended
to give up his citizenship. At one time, the mere performance of
the above (or certain other) acts was enough to cause loss of US
citizenship; however, the Supreme Court overturned this concept
in the Afroyim and Terrazas
cases, and Congress amended the law in 1986 to require that loss
of citizenship would result only when a potentially
"expatriating" (citizenship-losing) action was
performed voluntarily and "with the intention of
relinquishing United States nationality".
It appears that the words "with the intention of
relinquishing United States nationality" were added. This additional condition may
have been added as a direct result of the petitions of several
American pilots and their families who had lost their citizenship
by flying in the air forces of allied nations in the Second World
War. There were even some Eagle Squadron pilots who went on to
become high-ranking U.S. Air Force Officers and were confronted
with the loss of their citizenship only later. Several of
America's top-scoring fighter aces of the First World War, died
without ever benefiting from this amendment to the law, not
knowing that their citizenship was no longer in question.
Note that several clauses in the law,
listed as "expatriating acts," and as written in 1907,
would have included Americans who joined the Royal Air Forces or
the French Air Service. Those Americans who joined the Royal Air
Forces were especially effected by this law because not only were
they commissioned as officers in the military of a "foreign
state," many had to take an oath of loyalty to the Crown in
order to receive their commission. Many, not taking the actual
words of the oath seriously and wanting, most of all, to fly
airplanes and participate in the war, did not realize that they
were outside the limitations of the law of their country.
Sec. 1481. Loss of nationality by native-born or naturalized
citizen; voluntary action; burden of proof; presumptions
TITLE 8, CHAPTER 12, SUBCHAPTER III, Part
III, Sec. 1481.
- (a)
- A person who is a national
of the United States whether by birth or naturalization,
shall lose his nationality by voluntarily performing any
of the following acts with the
intention of relinquishing United States nationality
-
- (1)
- obtaining naturalization in a foreign state upon
his own application or upon an application filed
by a duly authorized agent, after having attained
the age of eighteen years; or
- (2)
- taking an oath or
making an affirmation or other formal declaration
of allegiance to a foreign state or a political
subdivision thereof, after having attained the
age of eighteen years; or
- (3)
- entering, or
serving in, the armed forces of a foreign state
if (A) such armed forces are
engaged in hostilities against the United States,
or (B) such persons
serve as a commissioned or non-commissioned
officer; or
- (4)
- (A) accepting, serving in, or performing the
duties of any office, post, or employment under
the government of a foreign state or a political
subdivision thereof, after attaining the age of
eighteen years if he has or acquires the
nationality of such foreign state; or (B) accepting, serving in, or
performing the duties of any office, post, or
employment under the government of a foreign
state or a political subdivision thereof, after
attaining the age of eighteen years for which
office, post, or employment an oath, affirmation,
or declaration of allegiance is required;
or
- (5)
- making a formal renunciation of nationality
before a diplomatic or consular officer of the
United States in a foreign state, in such form as
may be prescribed by the Secretary of State; or
- (6)
- making in the United States a formal written
renunciation of nationality in such form as may
be prescribed by, and before such officer as may
be designated by, the Attorney General, whenever
the United States shall be in a state of war and
the Attorney General shall approve such
renunciation as not contrary to the interests of
national defense; or
- (7)
- committing any act of treason against, or
attempting by force to overthrow, or bearing arms
against, the United States, violating or
conspiring to violate any of the provisions of
section 2383 of title 18, or willfully performing
any act in violation of section 2385 of title 18,
or violating section 2384 of title 18 by engaging
in a conspiracy to overthrow, put down, or to
destroy by force the Government of the United
States, or to levy war against them, if and when
he is convicted thereof by a court martial or by
a court of competent jurisdiction.
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