42:
494:
Additionally, Stevens felt that
Congress had not adequately addressed the question of specific intent to relinquish citizenship. "Since we accept dual citizenship," he wrote, "taking an oath of allegiance to a foreign government is not necessarily inconsistent with an intent to remain an American citizen. Moreover, as now written, the statute cannot fairly be read to require a finding of specific intent to relinquish citizenship."
425:"emphasized that loss of citizenship requires the individual's 'assent,' ... in addition to his voluntary commission of the expatriating act" and that "the trier of fact must in the end conclude that the citizen not only voluntarily committed the expatriating act prescribed in the statute, but also intended to relinquish his citizenship." On that point, the Supreme Court agreed with the 7th Circuit ruling in Terrazas's favor.
410:. The Secretary of State appealed this ruling to the Supreme Court, questioning not only the appellate court's finding on the required standard of proof, but also challenging the finding that a separate intent to give up citizenship was required (as opposed merely to the performance of a designated expatriating act).
553:
relinquish citizenship. When a case involving possible expatriation comes to the attention of a US consular officer, the officer will normally "simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was
433:
had left
Congress without any constitutional authority to set the standard of proof for intent to relinquish citizenship at a level any lower than one of clear and convincing evidence. The Supreme Court majority rejected this claim and held that Congress was within its rights to specify a standard of
418:
A 5-4 majority of the
Supreme Court held that it was not enough for the government to prove "the voluntary commission of an act, such as swearing allegiance to a foreign nation, that 'is so inherently inconsistent with the continued retention of American citizenship that Congress may accord to it its
514:
After receiving
Terrazas's case from the Supreme Court on remand, the district court again ruled that Terrazas had lost his citizenship. On subsequent appeal, the 7th Circuit Court of Appeals reversed its earlier decision and, this time using a preponderance-of-evidence standard per the instructions
505:
argued that since
Terrazas was born a dual US/Mexican national, his having taken an oath of allegiance to Mexico was consistent with his being a citizen of the U.S. In Brennan's words: "The formal oath adds nothing to the existing foreign citizenship and, therefore, cannot affect his United States
485:
rejected the majority's decision that an intent to give up citizenship could be established merely by a preponderance of evidence. Arguing that "the Court's casual dismissal of the importance of
American citizenship cannot withstand scrutiny," he said that he "would hold that a citizen may not lose
371:
During subsequent discussions with a US consular official, Terrazas gave conflicting answers as to whether or not he had truly intended to abandon his rights as a US citizen when he applied for his certificate of
Mexican nationality. The State Department eventually concluded that he had lost his US
367:
While enrolled at a
Mexican university in 1970, Terrazas applied for a certificate of Mexican nationality. As part of his application, Terrazas signed a statement renouncing "United States citizenship, as well as any submission, obedience and loyalty to any foreign government, especially to that of
560:
A bill was introduced in 2005, which sought, among other things, to force the State
Department to abolish the above policy on loss of citizenship and reinstate its pre-1990 policy "of viewing dual/multiple citizenship as problematic and as something to be discouraged, not encouraged." However, the
905:
December 1988, p. 66. "In 1937, during a time of constitutional challenges to many federal statutes, Congress also provided for direct appeals to the
Supreme Court from decisions of any federal court—trial or appellate—holding a federal statute unconstitutional.... On June 27 , President Reagan
441:
Finally, the Supreme Court majority upheld the validity of another aspect of the law as enacted by Congress: that the government could assume that a potentially expatriating act had been performed voluntarily and that any claim that a person had acted under duress was up to the person involved to
167:
An American cannot have his U.S. citizenship taken away against his will. Intent to give up citizenship needs to be established by itself and cannot be irrebuttably presumed merely because a person did something established by law as an action automatically causing loss of citizenship. However,
327:
unless they have acted with an intent to give up that citizenship. The Supreme Court overturned portions of an act of Congress which had listed various actions and had said that the performance of any of these actions could be taken as conclusive, irrebuttable proof of intent to give up U.S.
552:
ruling left intact Congress's right to specify a preponderance-of-evidence standard for judging intent to give up citizenship, the State Department in 1990 adopted a policy that pursues loss-of-citizenship proceedings issues usually only when an individual affirmatively states the intent to
493:
also argued that "a person's interest in retaining his American citizenship is surely an aspect of 'liberty' of which he cannot be deprived without due process of law" and that "due process requires that a clear and convincing standard of proof be met" in Terrazas's case or others like it.
515:
of the Supreme Court, ruled against him, finding this time that there was "abundant evidence that plaintiff intended to renounce his United States citizenship when he acquired the Certificate of Mexican Nationality willingly, knowingly, and voluntarily." Since the office of
390:
barred Congress from revoking anyone's citizenship without their consent. Specifically, the court held that a law automatically revoking the citizenship of anyone who had voted in a foreign election was unconstitutional and unenforceable. However, US law continued, after
506:
citizenship." Brennan argued, in addition, that since "Congress has provided for a procedure by which one may formally renounce citizenship" before US consular officials, a procedure that all conceded that Terrazas did not use, Terrazas was still a US citizen.
406:"Congress is constitutionally devoid of the power" to revoke citizenship; and that Congress had no power to legislate any evidentiary standard for proving Terrazas's intent to relinquish his citizenship that fell short of a requirement of proof by
460:
Although the court's membership was divided on the question of whether a "preponderance of evidence" standard was sufficient for establishing someone's intent to give up their U.S. citizenship, all nine judges agreed with the key holding in
477:
principle that retention of US citizenship was a constitutionally protected right, and they all agreed (contrary to the court's majority) that Terrazas's actions should not have led to the loss of his citizenship.
428:
The majority then turned its attention to the question of a standard of proof in loss-of-citizenship cases. Terrazas had argued and the 7th Circuit had agreed that the 14th Amendment, as interpreted in
1243:
348:
Laurence Terrazas was born in the United States in 1947. Because Terrazas's father was Mexican and because Mexico's citizenship laws then followed the principle of
545:
that a potentially expatriating act may result in loss of citizenship only if it was performed "with the intention of relinquishing United States nationality."
387:
294:
1168:
584:
83:
1233:
1248:
290:
465:
that US citizenship was safeguarded by the Fourteenth Amendment and could not be taken away by an act of Congress from a person without consent.
372:
citizenship, a decision which Terrazas appealed, first before the State Department's board of appellate review, and subsequently to the courts.
1103:
399:
473:
The four justices who disagreed with the majority filed three separate dissenting opinions. All of the dissenting justices supported the
333:
1238:
1144:
354:, Terrazas held Mexican citizenship at birth and because he was born in the United States, Terrazas also held US citizenship under the
395:
to list several other "expatriating acts," the voluntary performance of any of which would result in automatic loss of citizenship.
1253:
816:
324:
298:
328:
citizenship. However, the Court ruled that a person's intent to give up citizenship could be established through a standard of
798:
640:
1119:
557:
the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship."
46:
320:
828:"voluntarily performing any of the following acts with the intention of relinquishing United States nationality"
139:
579:
445:
The Supreme Court did not explicitly rule on whether or not Terrazas had lost his US citizenship; rather, it
407:
337:
830:
was added in 1986, and various other changes have been made over time to the list of expatriating acts; see
1206:
450:
154:
312:
114:
898:
435:
329:
169:
1188:
1130:
446:
419:
natural consequences, i. e., loss of nationality.'" Rather, the court held that its 1967 ruling in
17:
667:, para. 2 (7th Cir. 1978). Note the different order of the names in this lower court case.
630:
516:
498:
1098:
867:
849:
772:
754:
736:
718:
700:
682:
664:
195:
611:
1172:
1072:
Public Law 99-653; 100 Stat. 3655; 1986 U.S. Code Congressional and Administrative News 6182.
786:
75:
1179:
1141:
486:
his citizenship in the absence of clear and convincing evidence that he intended to do so."
574:
8:
227:
168:
Congress has power to decide that an intent to give up citizenship may be established by
541:
Congress amended the Immigration and Nationality Act in 1986 to specify, as required by
1197:
820:
794:
636:
490:
482:
382:
US law had provided for numerous ways for citizens to lose their citizenship. In its
239:
231:
215:
831:
187:
78:
1148:
1107:
1032:
1014:
996:
978:
957:
939:
921:
885:
823:
438:(more likely than not) when cases alleging loss of US citizenship were involved.
421:
377:
888:, 258 (1980) ("The Secretary took this appeal under 28 U.S.C. § 1252.").
791:
Dictionary of Politics: Selected American and foreign political and legal terms
562:
528:
502:
219:
203:
147:
1227:
531:
assuming the position in 1981, the subsequent lower court cases are known as
520:
350:
316:
131:
561:
bill never made it to the floor of the House and died in committee when the
361:
1215:
524:
207:
906:
signed legislation that freed the Court from virtually all appeals...."
519:
changed hands twice following the Supreme Court's ruling in the case,
143:
90:
332:(i.e., more likely than not) — rejecting an argument that intent to
1100:
Advice about Possible Loss of U.S. Citizenship and Dual Nationality
454:
356:
136:
118:
41:
457:) for further proceedings consistent with the court's ruling.
151:
111:
609:
1049:, 494 F.Supp. 1017 (N.D. Ill. 1980).
360:
of the Fourteenth Amendment; therefore, Terrazas was a
65:
Cyrus Vance, Secretary of State v. Laurence J. Terrazas
1244:
United States Supreme Court cases of the Burger Court
968:
966:
585:
List of United States Supreme Court cases, volume 444
256:
White, joined by Burger, Blackmun, Powell, Rehnquist
1063:, 653 F.2d 285 (7th Cir. 1981).
963:
1225:
654:
652:
855:
837:
688:
760:
742:
724:
706:
605:
603:
601:
599:
449:the case back to the original trial court (a
670:
649:
632:Multistate and Multinational Estate Planning
1234:History of immigration to the United States
812:
810:
628:
596:
509:
408:clear, convincing and unequivocal evidence
364:of the United States and Mexico at birth.
338:clear, convincing and unequivocal evidence
1249:United States Citizenship Clause case law
807:
610:Association, American Bar (March 1980).
442:establish by preponderance of evidence.
386:ruling, the Supreme Court held that the
375:Before the 1967 Supreme Court ruling in
784:
299:Immigration and Nationality Act of 1952
14:
1226:
703:, paras. 4, 5 (7th Cir. 1978).
1131:H.R. 3938 (109th Congress), sec. 703.
1120:H.R. 3938 (109th Congress), sec. 703.
29:1980 United States Supreme Court case
793:. Brunswick Publishing. p. 71.
336:could only be found on the basis of
280:Brennan, joined by Stewart (part II)
870:, para. 29 (7th Cir. 1978).
852:, para. 18 (7th Cir. 1978).
775:, para. 13 (7th Cir. 1978).
757:, para. 12 (7th Cir. 1978).
739:, para. 11 (7th Cir. 1978).
721:, para. 10 (7th Cir. 1978).
635:. Vol. 1. CCH. pp. 9–78.
24:
899:Epitaph for Mandatory Jurisdiction
685:, para. 3 (7th Cir. 1978).
47:Supreme Court of the United States
25:
1265:
1239:United States Supreme Court cases
1175:252 (1980) is available from:
1157:
1110:(U.S. State Department web site).
40:
1151:for H.R. 3938 (109th Congress).
1135:
1124:
1113:
1092:
1075:
1066:
1052:
1038:
1020:
1002:
984:
945:
927:
909:
897:Stern, Gressman, and Shapiro, "
891:
873:
817:Immigration and Nationality Act
778:
629:Schoenblum, Jeffrey A. (2009).
368:the United States of America."
1254:1980 in United States case law
622:
323:cannot have their citizenship
13:
1:
785:Raymond, Walter John (1992).
590:
580:United States nationality law
343:
311:, 444 U.S. 252 (1980), was a
400:7th Circuit Court of Appeals
7:
568:
468:
313:United States Supreme Court
10:
1270:
1216:Oyez (oral argument audio)
413:
1142:All Congressional actions
436:preponderance of evidence
330:preponderance of evidence
289:
284:
276:
268:
260:
252:
247:
181:
176:
170:preponderance of evidence
166:
161:
125:
103:
98:
70:
60:
53:
39:
34:
1085:799 (July 23, 1990); 67
402:ruled that according to
56:Decided January 15, 1980
1089:1092 (October 1, 1990).
517:U.S. Secretary of State
510:Subsequent developments
499:William J. Brennan, Jr.
54:Argued October 30, 1979
612:"Supreme Court Report"
451:Federal District Court
334:relinquish citizenship
196:William J. Brennan Jr.
321:United States citizen
291:U.S. Const. amends. V
1087:Interpreter Releases
1083:Interpreter Releases
1033:444 U.S. 252
1015:444 U.S. 252
997:444 U.S. 252
979:444 U.S. 252
958:444 U.S. 252
940:444 U.S. 252
922:444 U.S. 252
886:444 U.S. 252
575:Multiple citizenship
388:Fourteenth Amendment
1207:Library of Congress
228:Lewis F. Powell Jr.
146:1980); Terrazas v.
89:100 S. Ct. 540; 62
1147:2016-07-04 at the
1106:2009-04-16 at the
1046:Terrazas v. Muskie
868:577 F.2d 7
850:577 F.2d 7
773:577 F.2d 7
755:577 F.2d 7
737:577 F.2d 7
719:577 F.2d 7
701:577 F.2d 7
683:577 F.2d 7
665:577 F.2d 7
543:Vance v. Terrazas,
533:Terrazas v. Muskie
192:Associate Justices
1165:Vance v. Terrazas
1035:, 275 (1980).
1028:Vance v. Terrazas
1017:, 276 (1980).
1010:Vance v. Terrazas
999:, 274 (1980).
992:Vance v. Terrazas
981:, 272 (1980).
974:Vance v. Terrazas
960:, 271 (1980).
953:Vance v. Terrazas
942:, 258 (1980).
935:Vance v. Terrazas
924:, 255 (1980).
917:Vance v. Terrazas
881:Vance v. Terrazas
863:Terrazas v. Vance
845:Terrazas v. Vance
800:978-1-55618-008-8
768:Terrazas v. Vance
750:Terrazas v. Vance
732:Terrazas v. Vance
714:Terrazas v. Vance
696:Terrazas v. Vance
678:Terrazas v. Vance
660:Terrazas v. Vance
642:978-0-8080-9228-5
537:Terrazas v. Haig.
491:John Paul Stevens
483:Thurgood Marshall
308:Vance v. Terrazas
304:
303:
232:William Rehnquist
216:Thurgood Marshall
108:Terrazas v. Vance
35:Vance v. Terrazas
16:(Redirected from
1261:
1220:
1214:
1211:
1205:
1202:
1196:
1193:
1187:
1184:
1178:
1152:
1139:
1133:
1128:
1122:
1117:
1111:
1096:
1090:
1079:
1073:
1070:
1064:
1062:
1060:Terrazas v. Haig
1056:
1050:
1048:
1042:
1036:
1030:
1024:
1018:
1012:
1006:
1000:
994:
988:
982:
976:
970:
961:
955:
949:
943:
937:
931:
925:
919:
913:
907:
895:
889:
883:
877:
871:
865:
859:
853:
847:
841:
835:
814:
805:
804:
782:
776:
770:
764:
758:
752:
746:
740:
734:
728:
722:
716:
710:
704:
698:
692:
686:
680:
674:
668:
662:
656:
647:
646:
626:
620:
619:
607:
404:Afroyim v. Rusk,
188:Warren E. Burger
177:Court membership
44:
43:
32:
31:
21:
1269:
1268:
1264:
1263:
1262:
1260:
1259:
1258:
1224:
1223:
1218:
1212:
1209:
1203:
1200:
1194:
1191:
1185:
1182:
1176:
1160:
1155:
1149:Wayback Machine
1140:
1136:
1129:
1125:
1118:
1114:
1108:Wayback Machine
1097:
1093:
1080:
1076:
1071:
1067:
1058:
1057:
1053:
1044:
1043:
1039:
1026:
1025:
1021:
1008:
1007:
1003:
990:
989:
985:
972:
971:
964:
951:
950:
946:
933:
932:
928:
915:
914:
910:
896:
892:
879:
878:
874:
861:
860:
856:
843:
842:
838:
815:
808:
801:
783:
779:
766:
765:
761:
748:
747:
743:
730:
729:
725:
712:
711:
707:
694:
693:
689:
676:
675:
671:
658:
657:
650:
643:
627:
623:
608:
597:
593:
571:
512:
475:Afroyim v. Rusk
471:
463:Afroyim v. Rusk
422:Afroyim v. Rusk
416:
378:Afroyim v. Rusk
346:
240:John P. Stevens
230:
218:
206:
157:(7th Cir. 1981)
94:
55:
49:
30:
23:
22:
15:
12:
11:
5:
1267:
1257:
1256:
1251:
1246:
1241:
1236:
1222:
1221:
1189:Google Scholar
1159:
1158:External links
1156:
1154:
1153:
1134:
1123:
1112:
1091:
1074:
1065:
1051:
1037:
1019:
1001:
983:
962:
944:
926:
908:
890:
872:
854:
836:
819:, sec. 349; 8
806:
799:
777:
759:
741:
723:
705:
687:
669:
648:
641:
621:
594:
592:
589:
588:
587:
582:
577:
570:
567:
563:109th Congress
529:Alexander Haig
511:
508:
503:Potter Stewart
470:
467:
415:
412:
345:
342:
315:decision that
302:
301:
287:
286:
282:
281:
278:
274:
273:
270:
269:Concur/dissent
266:
265:
262:
261:Concur/dissent
258:
257:
254:
250:
249:
245:
244:
243:
242:
220:Harry Blackmun
204:Potter Stewart
193:
190:
185:
179:
178:
174:
173:
164:
163:
159:
158:
127:
123:
122:
105:
101:
100:
96:
95:
88:
72:
68:
67:
62:
61:Full case name
58:
57:
51:
50:
45:
37:
36:
28:
9:
6:
4:
3:
2:
1266:
1255:
1252:
1250:
1247:
1245:
1242:
1240:
1237:
1235:
1232:
1231:
1229:
1217:
1208:
1199:
1190:
1181:
1174:
1170:
1166:
1162:
1161:
1150:
1146:
1143:
1138:
1132:
1127:
1121:
1116:
1109:
1105:
1102:
1101:
1095:
1088:
1084:
1078:
1069:
1061:
1055:
1047:
1041:
1034:
1029:
1023:
1016:
1011:
1005:
998:
993:
987:
980:
975:
969:
967:
959:
954:
948:
941:
936:
930:
923:
918:
912:
904:
900:
894:
887:
882:
876:
869:
864:
858:
851:
846:
840:
833:
829:
826:. The phrase
825:
822:
818:
813:
811:
802:
796:
792:
788:
787:"Citizenship"
781:
774:
769:
763:
756:
751:
745:
738:
733:
727:
720:
715:
709:
702:
697:
691:
684:
679:
673:
666:
661:
655:
653:
644:
638:
634:
633:
625:
617:
613:
606:
604:
602:
600:
595:
586:
583:
581:
578:
576:
573:
572:
566:
564:
558:
556:
551:
548:Although the
546:
544:
539:
538:
534:
530:
527:in 1980, and
526:
522:
521:Edmund Muskie
518:
507:
504:
500:
495:
492:
487:
484:
479:
476:
466:
464:
458:
456:
452:
448:
443:
439:
437:
432:
426:
424:
423:
411:
409:
405:
401:
396:
394:
389:
385:
381:
379:
373:
369:
365:
363:
359:
358:
353:
352:
351:jus sanguinis
341:
339:
335:
331:
326:
322:
318:
314:
310:
309:
300:
296:
292:
288:
283:
279:
275:
271:
267:
263:
259:
255:
251:
248:Case opinions
246:
241:
237:
233:
229:
225:
221:
217:
213:
209:
205:
201:
197:
194:
191:
189:
186:
184:Chief Justice
183:
182:
180:
175:
171:
165:
160:
156:
153:
149:
145:
141:
138:
134:
133:
128:
124:
120:
116:
113:
109:
106:
102:
97:
92:
86:
85:
80:
77:
73:
69:
66:
63:
59:
52:
48:
38:
33:
27:
19:
1164:
1137:
1126:
1115:
1099:
1094:
1086:
1082:
1077:
1068:
1059:
1054:
1045:
1040:
1027:
1022:
1009:
1004:
991:
986:
973:
952:
947:
934:
929:
916:
911:
903:ABA Journal,
902:
893:
880:
875:
862:
857:
844:
839:
827:
790:
780:
767:
762:
749:
744:
731:
726:
713:
708:
695:
690:
677:
672:
659:
631:
624:
615:
559:
554:
549:
547:
542:
540:
536:
532:
513:
496:
488:
480:
474:
472:
462:
459:
444:
440:
430:
427:
420:
417:
403:
397:
392:
383:
376:
374:
370:
366:
362:dual citizen
355:
349:
347:
307:
306:
305:
285:Laws applied
235:
223:
211:
199:
130:Terrazas v.
129:
107:
99:Case history
82:
64:
26:
616:ABA Journal
565:adjourned.
525:Cyrus Vance
317:established
208:Byron White
1228:Categories
591:References
523:replacing
344:Background
325:taken away
126:Subsequent
824:sec. 1481
497:Justices
144:N.D. Ill.
91:L. Ed. 2d
71:Citations
1163:Text of
1145:Archived
1104:Archived
569:See also
550:Terrazas
489:Justice
481:Justice
469:Dissents
455:Illinois
447:remanded
431:Afroyim,
357:jus soli
264:Marshall
253:Majority
137:F. Supp.
119:7th Cir.
18:Terrazas
1180:Findlaw
414:Opinion
393:Afroyim
384:Afroyim
319:that a
277:Dissent
272:Stevens
162:Holding
1219:
1213:
1210:
1204:
1201:
1198:Justia
1195:
1192:
1186:
1183:
1177:
1031:,
1013:,
995:,
977:,
956:,
938:,
920:,
884:,
866:,
848:,
821:U.S.C.
797:
771:,
753:,
735:,
717:,
699:,
681:,
663:,
639:
618:: 374.
501:, and
238:
236:·
234:
226:
224:·
222:
214:
212:·
210:
202:
200:·
198:
150:, 653
135:, 494
132:Muskie
110:, 577
1171:
832:notes
121:1978)
104:Prior
1173:U.S.
901:."
795:ISBN
637:ISBN
535:and
398:The
152:F.2d
148:Haig
140:1017
112:F.2d
84:more
76:U.S.
74:444
1169:444
1081:67
555:not
453:in
295:XIV
155:285
93:461
79:252
1230::
1167:,
965:^
809:^
789:.
651:^
614:.
598:^
340:.
297:;
293:,
834:.
803:.
645:.
380:,
172:.
142:(
117:(
115:7
87:)
81:(
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.