Does Sen. Bernie Sanders have Dual Citizenship with Israel?
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Does Sen. Bernie Sanders have Dual Citizenship with Israel?

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July 1, 2015, 4:28 pm
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Vermont Sen. Bernie Sanders, an Independent who is running for president as a Democrat, became upset when an NPR host inferred that he holds a dual citizenship with the United States and Israel.

"Senator, you have dual citizenship with Israel," NPR host Diane Rehm said during a discussion Wednesday.  

Sanders immediately responded, saying, "No, I do not have dual citizenship with Israel. I'm an American. I don't know where that question came from."

Dual nationality is the simultaneous possession of two citizenships.  The Supreme Court of the United States has stated that dual nationality is "a status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.  The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other", Kawakita v. U.S., 343 U.S. 717 (1952).  (The Consulate General does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.)  The concepts discussed in this leaflet apply also to persons who have more than two nationalities.

How is Dual Citizenship acquired?

Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality.  Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy.  Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws.

The laws of the United States, no less than those of other countries, contribute to the situation because they provide for acquisition of U.S. citizenship by birth in the United States and also by birth abroad to an American, regardless of the other nationalities which a person might acquire at birth.  For example, a child born abroad to U.S. citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born.  Similarly, a child born in the United States to foreigners may acquire at birth both U.S. citizenship and a foreign nationality.

The laws of some countries provide for automatic acquisition of citizenship after birth -- for example, by marriage.  In addition, some countries do not recognize naturalization in a foreign state as grounds for loss of citizenship.  A person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin despite the fact that one of the requirements for U.S. naturalization is a renunciation of other nationalities.

Current law and policy regarding Dual citizenship

The current nationality laws of the United States do not specifically refer to dual nationality. The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, under limited circumstances, the acquisition of a foreign nationality upon one's own application or the application of a duly authorized agent may cause loss of U.S. citizenship under Section 349 (a)(1) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(1)].

In order for loss of nationality to occur under Section 349 (a)(1), it must be established that the naturalization was obtained voluntarily by a person eighteen years of age or older with the intention of relinquishing U.S. citizenship.  Such an intention may be shown by the person's statements or conduct, Vance v. Terrazas, 444 U.S. 252 (1980), but as discussed below in most cases it is assumed that Americans who are naturalized in other countries intend to keep their U.S. citizenship.  As a result, they have both nationalities.

United States law does not contain any provisions requiring U.S. citizens who are born with dual nationality to choose one nationality or the other when they become adults, Mandoli v. Acheson, 344 U.S. 133 (1952).

While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause.  Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other.  In addition, their dual nationality may hamper efforts to provide diplomatic and consular protections to them when they are abroad.

Allegiance to which country?

It generally is considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on them.

As with Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States and are obliged to obey its laws and regulations.  Such persons usually have certain obligations to the other country as well.  Although failure to fulfill such obligations may have no adverse effect on dual nationals while in the United States because the other country would have few means to force compliance under those circumstances, dual nationals might be forced to comply with those obligations or pay a penalty if they go to the country of their other citizenship.  In cases where dual nationals encounter difficulty in a  foreign country of which they are citizens, the ability of U.S. Foreign Service posts to provide assistance may be quite limited since many foreign countries may not recognize a dual national's claim to U.S. citizenship.

Which passport to use when you enter a country?

Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies.  (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.)  Dual nationals may be required by the other country of which they are citizens to enter or leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.

How to give up dual nationality?

Most countries have laws which specify how a citizen may lose or divest citizenship. Generally, persons who do not wish to maintain dual nationality may renounce the citizenship which they do not want.  Information on renouncing a foreign nationality may be obtained from the foreign country's Embassies and Consulates or from the appropriate governmental agency in that country.

Americans may renounce their U.S. citizenship abroad pursuant to Section 349 (a)(5) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(5)].  Information on renouncing U.S. citizenship may be obtained from U.S. Embassies and Consulates and the office of Citizens Consular Services, Department of State, Washington, D.C. 20520.

Furthermore, an American citizen who is naturalized as a citizen of another country voluntarily and with intent to abandon his/her allegiance to the United States may so indicate their intent and thereby lose U.S. citizenship.  See below for further information.

For further information on dual nationality, see Marjorie M. Whiteman's Digest of International Law (Department of State Publication 8290, released September 1967), Volume 8, pages 64-84.

Author: Moises Apsan
Attorney with over 32 years of experience. Past president Federal Bar Association NJ Chapter (1997-2002). Offices in Astoria, NY, Newark, NJ. Tel: 877-873-8510 http://www.apsanlaw.com and drmoises.com
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