Can an American Citizen Be Kicked Out of the Country?

The question of whether a U.S. citizen can be deported from the country is a complex one, influenced by various legal and historical contexts. Understanding the nuances of U.S. citizenship and the legal mechanisms for losing one's citizenship can provide clarity on this topic.

Can a U.S. Citizen Become Deported?

No, a U.S. citizen cannot be deported under ordinary circumstances. The United States Constitution guarantees citizenship, and a birthright citizen or naturalized U.S. citizen can only lose their citizenship through a specific process defined by law. Deportation is the process of removing a non-citizen from the country, and it does not apply to U.S. citizens. However, a U.S. citizen could lose their citizenship and face the possibility of being deported if they engage in certain egregious actions that lead to citizenship revocation.

Can a U.S. Citizen Lose Their Citizenship?

Yes, under specific circumstances, a U.S. citizen can lose their citizenship. According to Section 349A3 of the Immigration and Nationality Act, a U.S. citizen who voluntarily serves in the armed forces of a foreign state may have their citizenship revoked. However, this revocation is contingent upon several factors:

Whether the service is voluntary. If the individual enters the foreign military as an officer or not. Whether the foreign state is engaged in hostilities against the United States. If the individual clearly and credibly intends to relinquish their U.S. citizenship.

Once citizenship is revoked, the individual may face the possibility of deportation under the authority of U.S. immigration laws. It is important to note that the scope of U.S. law is focused primarily on U.S. citizens, and the interests of fellow citizens are considered within this framework.

Historical Context: Non-Citizen Nationals and Deportation

Historically, non-citizen nationals of the United States were subject to certain immigration controls, leading to situations where they faced deportation. This was particularly the case during a transition period between the 1930s and 1940s, when the Philippines was transitioning from a U.S. territory to an independent nation.

During the Philippine Independence Act, non-citizen nationals of the Philippines were treated as aliens for immigration purposes, even though they continued to owe allegiance to the United States. Immigration quotas were heavily restrictive during this period, particularly for Asian countries, including the Philippines.

Some Filipinos who left the Philippines in 1934 before the act was passed were shocked to discover that they were now subject to deportation for not having the required immigrant visas. These instances highlight the complexities of immigration law and the potential for restrictions even on non-citizen nationals.

Following the transition, Filipinos who had entered the mainland U.S. legally either before 1934 or by obtaining the required immigrant visa during the transitional period automatically lost their U.S. nationality and became lawful permanent residents. Unfortunately, those who entered undocumented faced much more significant challenges, often with no pathway to legal status until the Immigration and Nationality Act of 1965.

Today, the only remaining non-citizen nationals of the United States are natives of American Samoa and individuals born overseas to American Samoans. These individuals are allowed to enter the mainland U.S. with no immigration restrictions, just like U.S. citizens. However, Congress retains the power to impose such restrictions in the future, though it is unlikely to do so.

In summary, while U.S. citizens cannot be legally deported, specific actions or past citizenship revocations can lead to their loss of nationality, which could theoretically expose them to the consequences of being in the country illegally. Understanding the intricacies of U.S. citizenship and the legal pathways for losing it is crucial for anyone concerned about these matters.