Legal Opinion

Survey of the Law of Expatriation

Department of Justice Office of Legal Counsel

Decided June 12, 2002Published

1Opinion of the Court

Survey of the Law of Expatriation Expatriating a U.S. citizen subject to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express state- ment of renunciation of U.S. citizenship would suffice. An intent to renounce citizenship can be inferred from the act of serving in the armed forces of a…

2Cases cited30 opinions

  1. Trop v. DullesSupreme Court of the United States · 1958
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  4. United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936
  5. United States v. Wong Kim ArkSupreme Court of the United States · 1898

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