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What are the current US laws regarding dual citizenship?

Checked on November 18, 2025
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Executive summary

U.S. law currently permits dual (multiple) citizenship: the U.S. does not require a person to choose between U.S. citizenship and another nationality, and a citizen may naturalize abroad without automatically losing U.S. nationality (Travel.State.Gov; p1_s3). Practical rules include using a U.S. passport to enter/exit the United States (INA provisions noted by USCIS guidance and legal summaries; [2], p1_s3). Recent political and legal actions in 2025–2025 have created active challenges to birthright-citizenship rules that could affect how some children acquire U.S. citizenship, but those executive actions have been blocked in courts as of mid‑2025 (policy memos and reporting; [5], [6], [10]1).

1. The baseline legal position: the U.S. recognizes dual nationality

U.S. federal law does not require renunciation of a prior nationality when a person becomes a U.S. citizen, and a U.S. citizen may also become a national of another state without automatic loss of U.S. citizenship; the State Department’s Dual Nationality guidance states plainly that “U.S. law does not require a U.S. citizen to choose between U.S. citizenship and another (foreign) nationality” [1]. Multiple independent legal guides and immigration firms repeat that dual nationality is permitted and that loss of U.S. citizenship generally requires an intent to relinquish it (Afroyim and Vance v. Terrazas are often cited as the doctrinal foundation in such summaries) [2] [3].

2. Practical obligations: passports, taxes, and foreign duties

Holding two nationalities brings concrete obligations: U.S. citizens must use a U.S. passport to enter and leave the United States, and dual nationals are subject to U.S. laws (including tax rules) even if they hold another passport [2] [1]. Travel.State.Gov and practice guides advise that dual nationals may also be required by their other country of nationality to use that country’s passport to enter/leave that country, and that foreign laws on military service, property, and legal assistance can impose additional duties or limits [4] [2].

3. How U.S. citizenship can be lost — not automatic, usually requires intent

Available sources emphasize that U.S. citizenship is not lost automatically simply by acquiring another nationality; loss requires an intent to relinquish citizenship, and courts and agencies look for such intent in specific conduct [2] [1]. If a claim about automatic forfeiture appears elsewhere, the current State Department / USCIS guidance and legal summaries in 2025 do not support it [1] [2].

4. Birthright citizenship controversy and potential downstream effects on dual nationality

Since 2025, the Trump administration issued an executive order aimed at limiting birthright citizenship for some children born in the U.S.; federal courts issued nationwide injunctions blocking implementation, and litigation has proceeded up to requests for Supreme Court review and administrative implementation planning by USCIS in case the order were allowed [5] [6] [7]. Reporting and legal commentary indicate that while executive efforts seek to narrow the scope of birthright citizenship, as of mid‑2025 courts had kept birthright citizenship intact, meaning the immediate legal framework for children born in the U.S. remained unchanged [7] [5]. These disputes could—if successful at the highest levels—reshape who acquires U.S. citizenship at birth, with knock‑on effects for dual-national families; current sources document both the executive actions and the court blocks [5] [6] [7].

5. Congressional and regulatory activity: proposals to restrict dual citizens in office and other measures

Congressional proposals and bills in 2025 targeted aspects of dual nationality (for example, proposals to require members of Congress or other officials to renounce other citizenships, and the “Dual Loyalty Disclosure Act” discussed in reporting), reflecting a political push in some quarters to limit the role of dual citizens in public office [8]. Newsweek and other outlets characterize these moves as part of a broader policy agenda to tighten citizenship rules; sources caution that these are legislative proposals and debates, not yet changes to the general legal allowance for dual nationality [8].

6. Practical guidance and where to check next

Official U.S. government resources (Travel.State.Gov and USA.gov) remain the primary references on how dual nationality operates in travel and immigration contexts and reiterate the principle that dual nationality is permitted while noting country‑specific complications (passports, consular support, foreign law) [4] [9]. For questions about how a specific foreign state treats dual nationality or whether proposed U.S. rules might affect you, sources recommend checking the foreign country’s law and monitoring ongoing litigation and legislation described in recent policy memos and reporting [4] [6] [7].

Limitations and dissent: the legal consensus in U.S. administrative guidance and many legal guides is that dual nationality is allowed and not automatically forfeited [1] [2]. However, active executive and legislative initiatives in 2025 sought to narrow aspects of who is treated as a U.S. citizen (especially birthright cases) and to restrict dual nationals holding certain public offices; those initiatives are contested in courts and Congress, and outcomes remain uncertain [5] [6] [8] [7]. Available sources do not provide a final, post‑Supreme Court change to the general rule permitting dual nationality [1] [7].

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