Does U.S. law restrict members of Congress from holding dual citizenship?
Executive summary
U.S. law currently permits dual citizenship; there is no blanket statutory restriction barring members of Congress from holding another nationality (sources report current law allows multiple citizenships) [1] [2]. Senator Bernie Moreno introduced the Exclusive Citizenship Act of 2025 to outlaw dual citizenship—requiring current dual citizens to choose within a year or be deemed to have relinquished U.S. citizenship—which supporters say protects “exclusive allegiance” and critics say would conflict with Supreme Court precedent such as Afroyim v. Rusk [3] [4] [2].
1. New bill puts dual citizenship back in the spotlight
Sen. Bernie Moreno’s Exclusive Citizenship Act of 2025 would make it unlawful to “simultaneously possess[] any foreign citizenship,” force those who acquire foreign nationality after enactment to forfeit U.S. citizenship, and give current dual citizens one year to renounce the foreign or U.S. citizenship or be deemed to have voluntarily relinquished U.S. nationality [3] [5] [2].
2. What does current U.S. law say today?
Multiple outlets note that, as of now, U.S. law permits citizens to hold citizenship in more than one country and does not require choosing an allegiance at birth or naturalization; the State Department recognizes that a U.S. citizen may naturalize abroad “without any risk to their U.S. citizenship” under current rules [1] [6].
3. Supporters’ stated rationale: loyalty and conflicts of interest
Proponents frame the bill as a national‑security and integrity measure aimed at preventing “conflicts of interest” and divided loyalties; Moreno and like‑minded lawmakers argue elected officials and citizens should owe “sole and exclusive allegiance” to the United States [3] [7] [8].
4. Constitutional and legal pushback flagged by critics
Legal scholars and reporters warn the bill’s mechanism—treating inaction as voluntary relinquishment—would clash with Supreme Court precedent that protects against involuntary loss of citizenship, notably Afroyim v. Rusk , which held Congress cannot strip citizenship absent voluntary renunciation; analysts say the bill “flouts” those protections [4] [9].
5. How enforcement and mechanics would work under the bill
The proposal tasks the State Department with creating regulations, verification procedures and a database, and directs coordination with the Attorney General and DHS to record those deemed to have relinquished citizenship and treat them as aliens for immigration purposes [2] [1]. News coverage notes practical hurdles: the U.S. does not maintain a registry of dual citizens and some foreign states may not permit or recognize unilateral renunciations [1] [4].
6. Political momentum and related congressional proposals
The Moreno bill is part of a broader Republican push to tighten rules around dual citizenship and elected officials: other GOP lawmakers have proposed disclosure requirements or bans on dual citizens serving in Congress, illustrating that restrictions on dual citizenship for officeholders are an active legislative theme [10] [11].
7. Who would be affected and why that matters
Coverage points out potentially large and unpredictable impacts: naturalized citizens, U.S.-born children who acquire foreign nationality at birth, those who marry foreign nationals, and public figures (including, by some accounts, the First Lady) could be forced to choose, with consequences for family life, property rights, business ties and tax status if expatriation rules are triggered [4] [1] [9].
8. Competing narratives and implicit agendas
Supporters’ “exclusive allegiance” framing aligns with nativist and “America First” rhetoric evident in some sponsor statements; opponents emphasize civil‑liberties, constitutional limits, and administrative impracticalities. Coverage comes from a mix of mainstream outlets, the senator’s office and ideologically driven sites, so readers should weigh source perspectives [3] [4] [12].
9. What the reporting does not yet tell us
Available sources do not mention whether the bill has secured committee hearings, a Senate vote schedule, a detailed legal opinion from the Justice Department, or a full cost estimate for building the databases and enforcement mechanisms; those procedural and fiscal details remain unreported in this set of sources [2] [1].
10. Bottom line for members of Congress today
Under current law reported in these sources, members of Congress are not categorically prohibited from holding dual citizenship; the Moreno bill would change that if enacted, but it faces serious constitutional and practical challenges as flagged by multiple news analyses and legal commentary [1] [4] [2].