What protections or remedies exist for dual nationals facing loss of U.S. citizenship?
Executive summary
A new bill, the Exclusive Citizenship Act of 2025, would force U.S. dual nationals to choose one citizenship within a year or be deemed to have “voluntarily relinquished” U.S. citizenship; sponsors say it would bar anyone from being a U.S. citizen while also holding foreign citizenship and assign State and DHS enforcement roles [1] [2]. Critics and several outlets note the measure faces likely constitutional and logistical challenges because U.S. courts have long required a voluntary act to lose citizenship and the federal government does not keep a registry of dual nationals [3] [4].
1. Legislative threat and mechanics: what the bill would do
Sen. Bernie Moreno’s Exclusive Citizenship Act of 2025 would declare that no one may be a U.S. citizen while simultaneously holding foreign citizenship, require current dual citizens to choose within one year which citizenship to keep, and treat noncompliance as a voluntary relinquishment of U.S. citizenship; the draft tasks the State Department and DHS with tracking and enforcing the change [1] [5] [2].
2. Immediate practical remedies available under current reporting
Available sources do not describe a newly created appeal or administrative review process attached to Moreno’s bill; reporting says those who do nothing would “be deemed to have voluntarily relinquished United States citizenship,” implying automatic classification rather than a clear remedy in the bill text as reported [6] [7] [8].
3. Constitutional and judicial limits that could protect dual nationals
Multiple news reports emphasize that courts historically have required a voluntary act before U.S. citizenship can be stripped, and commentators predict constitutional challenges to the bill; Newsweek specifically says courts have long held citizenship cannot be revoked without a voluntary act, suggesting litigation would be a primary defense for affected people [3] [9].
4. Administrative hurdles that constrain enforcement
Practically, the federal government does not maintain a registry of dual nationals, and reporters note the bill would force State and DHS to build an unprecedented system to identify and process dual citizens — a major logistical challenge that could affect how enforcement actually unfolds [3] [4].
5. Who would bear the burden and why advocates back the bill
Supporters frame the bill as ensuring “exclusive allegiance” and preventing conflicts of interest; Senator Moreno’s office calls dual citizenship a potential conflict and says the law would preserve national integrity — an argument repeated across press releases and conservative outlets [1] [10].
6. Political and personal stakes highlighted by reporting
Press coverage repeatedly notes political sensitivity: the bill could touch high-profile figures (Newsweek cited First Lady Melania Trump as potentially affected) and fits broader 2025 legislative moves to tighten citizenship rules, including linked proposals on birthright citizenship [9] [11].
7. Alternative avenues flagged by sources: litigation and political process
Reporting points to two non‑legislative avenues: court challenges that would likely argue the Due Process and Fourteenth Amendment implications and the longstanding principle that citizenship isn’t revoked absent voluntary relinquishment, and the Senate committee and floor process — senators can block, amend or slow the bill’s progress, and Republican leaders’ willingness to advance it is uncertain [3] [11].
8. Unanswered questions and reporting gaps
Available sources do not specify whether the bill creates an individualized administrative appeals process, what evidence State or DHS would use to identify dual nationals, whether there would be exceptions (such as involuntary foreign citizenship), or how passport use, taxes, and social benefits would be handled post‑reclassification — those are important gaps that will shape remedies if the bill proceeds [1] [3].
9. What dual nationals should watch next
Coverage recommends monitoring committee actions, agency implementation plans, and early lawsuits: the bill must move through Senate committees and could draw immediate constitutional litigation if advanced; those stages will determine whether practical protections or emergency injunctions emerge [11] [3].
Bottom line: the law as reported would create immediate and sweeping consequences for dual nationals, but reporting uniformly expects constitutional challenges and highlights serious administrative obstacles; litigation and congressional maneuvering are the most likely real‑world remedies described in current coverage [3] [4].