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Dual Nationality Versus US Birthright Citizenship?
Transcript of the above video:
So there has been a lot of talk, especially from this Administration, regarding immigration matters; there's been a lot of talk regarding Birthright citizenship. I initially thought of making this video after reading a recent email from a viewer, quoting: "Ben, is it possible to do a short YouTube video on the new US dual citizenship rules taking place this month?"
Well I went and looked it up and there's nothing coming down the pike regarding dual citizenship but I think what this person meant to be talking about was - and actually we will throw this up on screen - I went over to Google AI and just put in "New US dual citizenship rules taking place this month", and AI came back, which AI is not the end-all-be-all; I did another quick check and went through various SERP results to look for if there was anything, I couldn't seem to find anything.
That said, quoting directly: "There are no major US dual citizenship rule changes taking place this month" - and part of the reason for that is issues pertaining to dual nationality. An American citizen that holds another nationality simultaneously, there are Supreme Court cases on this as it pertains to Constitutional Law and the inherent liberties and what we would call Privileges and Immunities of US citizenship but also the inherent liberties of We the People, the joint and several sovereigns of the United States, which again is a sort of nebulous concept and not one I love going into because there are a lot of people that really misconstrue the legalities and everything that are associated with that. But long story short, Americans, and really that is kind of inherent in rights of man kind of thing, have the right of free association and a lot of the Supreme Court opinions on dual nationality come down to the issue of free association. To my mind, you would need a Constitutional amendment to deal with dual nationality. That said, Birthright citizenship is another thing. Quoting further: “There are no major US dual citizenship rules changing this month (October 2005) that alter the existing US policy of allowing dual nationality. However, there is heightened discussion and concern surrounding government actions related to citizenship, including intensified enforcement of existing rules regarding denaturalization and potential impacts from ongoing legal challenges to an Executive Order concerning Birthright citizenship." So I think that is what this person is talking about.
And if we go over here, this is from US Citizenship and Immigration Services. This is an implementation plan July 25th, 2025.
SUBJECT: USCIS implementation plan of Executive Order 14160 - Protecting the Meaning and Value of American Citizenship.
Background: "On January 2025, President Trump issued Executive Order 14160 protecting the meaning and value of American citizenship. See 90 Fed Reg. 8449 (2025) (E.O.). The EO provides that the following categories of individuals will no longer be considered to be born "subject to the jurisdiction" of the United States and therefore will no longer be US citizens at birth: “Children whose "mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth", and children whose "mother's presence in the United States at the time of said person's birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa and the father was not a United States citizen or lawful permanent resident at the time of said person's birth."
Yeah, this is big. Birthright citizenship is being substantially challenged, and let's be clear, this is not a fully elucidated point of law. The issue of what is birthright citizenship has always been a little bit nebulous and the reason for that is it's not, natural born is noted in the Constitution regarding things like who can be President etc., but exactly what natural born means has been largely sussed out either in statutory law or in judicial interpretation and it's often times not quite as clear, and clearly this Administration is trying to further define what ‘natural born’ means and as a result, we are seeing this Executive Order and we're seeing this stuff come into play. Now that's not the same thing as dual nationality; that's Birthright citizenship. Dual nationality is another thing, and it doesn't seem like there's any move to really do anything or change anything about dual nationality. And frankly based on the posture legally of the issue of dual nationality, I think you need amend the Constitution to make any major changes regarding dual nationality. Regarding citizenship at birth, birthright citizenship though, more nebulous issue.
How this plays out remains to be seen. I expect we will see a lot of action in the courts culminating with some sort of opinion by the US Supreme Court. Exactly when and under what circumstances remain to be seen. That said, we will certainly be keeping you updated on this channel as the situation evolves.
