Gavin Howe
The Jones–Shafroth Act, also known as the Jones Act of Puerto Rico, Jones Law of Puerto Rico, or the Puerto Rican Federal Relations Act of 1917, was enacted on March 2, 1917, and granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899. This act also allowed residents of the island to reject U.S. citizenship voluntarily within six months of the act being established. While U.S. citizenship is generally considered permanent, it can be lost through renunciation, denaturalization, or acts of expatriation. Renunciation is a deliberate and formal process where an individual voluntarily surrenders their U.S. citizenship, while denaturalization occurs when a person loses their U.S. citizenship due to issues with their naturalization application or behaviours that should result in the loss of nationality.
| Characteristics | Values |
|---|---|
| Name of the law | Jones–Shafroth Act |
| Other names | Jones Law of Puerto Rico, Puerto Rican Federal Relations Act of 1917 |
| Enacted on | March 2, 1917 |
| Enacted by | President Woodrow Wilson |
| What it did | Granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899 |
| What else it did | Created the Senate of Puerto Rico, established a bill of rights, authorized the election of a Resident Commissioner, exempted Puerto Rican bonds from federal, state, and local taxes |
| Who sponsored it | Rep. William Atkinson Jones, Sen. John Shafroth |
| Who it impacted | Insular Puerto Ricans |
| How it impacted them | They became U.S. citizens |
| Other impacts | Expanded the definition of the "United States" for nationality purposes to include Guam |
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What You'll Learn
Renunciation of US citizenship
US citizenship is generally considered permanent, but it can be lost through renunciation, denaturalization, or acts of expatriation. Renunciation is a deliberate and formal process where an individual voluntarily surrenders their US citizenship. Renouncing US citizenship is a complex and personal decision that can have serious consequences, including the loss of a US passport and benefits.
To renounce US citizenship, an individual must contact the US embassy or consulate in the country where they intend to live and sign an oath to renounce their citizenship. This process can be done by swearing an oath of renunciation before a US diplomatic officer outside of the United States or before a US government official designated by the Attorney General inside the United States during a state of war. There is also a one-time fee of $2,350 to the US government, plus applicable legal fees.
It is important to note that individuals who renounce their US citizenship may still be subject to IRS exit tax laws and may need a visa to return to the US. Renouncing US citizenship can also result in the loss of US consular services and protection abroad by the US government. Therefore, it is recommended that individuals consult an immigration attorney before renouncing their citizenship to fully understand the consequences.
While regaining US citizenship is extremely difficult, there are certain circumstances under which it may be possible. For example, if a person renounced their citizenship under coercion, fraud, or as a minor, they may have a chance to apply for reinstatement. Minors who renounce citizenship before the age of 18 can petition to regain it before turning 18 and six months.
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Denaturalization of citizenship
Denaturalization is the process of losing the citizenship gained through naturalization—the steps taken to become a citizen of a country when not born there. While U.S. citizenship is generally considered permanent, it can be lost through renunciation, denaturalization, or acts of expatriation. Naturalized citizens may face revocation if they obtained citizenship fraudulently or illegally. For instance, if they failed to meet requirements such as physical presence in the country, permanent residence, or exhibiting good character. Both omissions and lies on the application can be grounds for denaturalization. Additionally, joining certain organizations, such as the Communist Party or a terrorist group, within five years of becoming naturalized can lead to denaturalization.
Denaturalization does not always result in the loss of legal residence in the country revoking citizenship, but it often does. Denaturalized individuals may face deportation and be forced to return to countries with which they have few ties, impacting their family, professional, and social lives. Deportation may require lengthy legal proceedings, and the country of deportation may refuse to accept the individual. When applied to entire ethnic groups, denaturalization encourages people to leave the country. Historically, statelessness often resulted from denaturalization.
In the context of U.S. citizenship, denaturalization can be distinguished from denationalization, which refers to the broader revocation of citizenship. While denaturalization specifically pertains to naturalized citizens, denationalization can involve the loss of citizenship for both naturalized and natural-born citizens. Natural-born citizens can lose their nationality if they voluntarily and intentionally relinquish it, such as by running for public office in another country or becoming a citizen of another nation.
Regaining U.S. citizenship after denaturalization is challenging but possible under certain circumstances. If an individual renounced their citizenship under coercion, fraud, or as a minor, they may have grounds for reinstatement. For those who lost citizenship through denaturalization, reapplying for naturalization is an option if they did not commit fraud during their original naturalization.
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Joining foreign military service
Joining a foreign military service is a complex issue that can have significant implications for an individual's citizenship status. While it is possible for foreigners to join the military of another country, there are often specific requirements and conditions that must be met.
In the context of losing US citizenship, joining the military of a foreign country is specifically mentioned as a potential reason for losing US citizenship. According to US law, entering military service in a foreign country under certain conditions can result in the loss of US citizenship. This is because such an action could be interpreted as evidence of an intention to relinquish US nationality, particularly if the foreign state is engaged in hostilities against the US. However, each case is considered on its own facts and applicable law.
It is important to note that US citizenship is generally considered permanent and cannot be revoked without due process. For naturalized citizens, denaturalization can occur if there was a problem with their application or if their behaviours before or after naturalization warrant the loss of nationality. For example, joining a terrorist organization within five years of becoming naturalized can result in denaturalization.
In terms of joining a foreign military service, several countries allow foreigners to join their armed forces, often with specific requirements. For instance, the Russian Armed Forces accept foreigners without dual citizenship for five-year contracts, offering them eligibility for Russian citizenship after serving three years. Similarly, Norway accepts citizens of Iceland through an agreement between the two countries. Belgium allows any citizen of a country in the European Union between the ages of 18 and 34 to join their armed forces. Other countries with similar policies include Australia, Canada, New Zealand, and Singapore.
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Committing fraud to obtain citizenship
USCIS has outlined specific circumstances under which citizenship can be lost, including when an individual has committed fraud or made willful misrepresentations during the naturalization process. To revoke citizenship on this basis, it must be proven that the individual willfully misrepresented or concealed important information during their naturalization process and that this led to them obtaining citizenship.
In one case, Cruz Miguel Aguina was sentenced to eight months in prison for immigration fraud and was denaturalized as a U.S. citizen. Aguina had made materially false statements under oath regarding his naturalization application, including denying any involvement in sexual offences or committing crimes. However, he was later convicted of statutory rape and confessed to committing the crime.
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Joining a terrorist organisation
In the case of dual citizens, Australia, for instance, has laws that automatically revoke citizenship when individuals engage in terrorism-related activities. This has resulted in about a dozen dual citizens losing their Australian citizenship since 2015, including Melbourne-born Islamic State member Neil Prakash. However, such automatic revocation has been criticised for potentially hampering prosecutions, as reinstating citizenship may be necessary to pursue legal charges.
The United Kingdom has also expanded its laws on revoking citizenship, even if it renders individuals stateless, provided there is a reasonable chance of acquiring citizenship elsewhere. This was demonstrated in the case of Shamima Begum, who was stripped of her citizenship, leaving her and her newborn son stateless.
While the use of denationalisation as a punitive or deterrent measure may be appealing, it raises concerns about violating international human rights law, specifically the right to nationality guaranteed by Article 15 of the Universal Declaration of Human Rights (UDHR). Additionally, it may create legal confusion for intelligence agencies operating under different restrictions for domestic and foreign citizens.
Some argue that instead of focusing on citizenship revocation, states should prioritise locating and jailing suspected terrorists. Furthermore, criminalising the act of joining terrorist organisations and prosecuting related offences can serve as an alternative solution, as demonstrated by a Belgian judge who sentenced two women returning from Syria with their children to five years in prison for joining a terrorist organisation.
In conclusion, joining a terrorist organisation can indeed result in the loss of citizenship, particularly for dual citizens in certain countries. However, the effectiveness of this measure in mitigating the terrorist threat is uncertain, and it raises complex legal and ethical considerations under international law and human rights conventions.
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Frequently asked questions
Yes, US citizenship can be revoked, renounced, or lost. This can happen through denaturalization, renunciation, or acts of expatriation.
Denaturalization occurs when the US Citizenship and Immigration Services (USCIS) identifies a problem with your citizenship application or behaviours before/after naturalization that should result in the loss of nationality. This includes obtaining citizenship fraudulently, becoming a member of certain political parties within five years of becoming naturalized, or running for public office in a foreign country.
Renunciation is a deliberate and formal process where an individual voluntarily surrenders their US citizenship. This can be done by submitting a request for a Certificate of Loss of Nationality to a US embassy or consulate abroad.
Regaining US citizenship is extremely difficult, but it may be possible under certain circumstances. If an individual renounced their citizenship under coercion, fraud, or as a minor, they may be able to apply for reinstatement. For those who lost citizenship through denaturalization, there is a possibility of reapplying for naturalization if they did not commit fraud.
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