Will Dual Citizens Lose Their US Passport?
Last week, we had a call with a client looking to get second citizenship in Europe. He raised the recent “Exclusive Citizenship Act” proposed by Senator Moreno of Ohio – the one that would outlaw dual citizenship directly.
He was very much concerned that it wouldn’t be worth the hassle to get a second citizenship only to have it taken away in future.
Since we’ve helped hundreds of Americans obtain second citizenships over the past 18 years, anything that threatens dual nationality gets our attention. But here’s the truth: as things stand, the odds of this bill passing are next to nothing.
Here’s why.
What is the Exclusive Citizenship Act?
The proposal claims that dual citizens carry “conflicts of interest” and that Americans should owe “sole and exclusive allegiance” to the US. In practice, it would apply to everyone with a second citizenship—whether they got it through birth, descent, marriage, naturalization, or otherwise.
Refuse to choose? You could lose your US citizenship.
Unsurprisingly, many people are for it. Many others are against.
Some see it as a political gesture designed to get attention. That’s how we see it too.
But whatever your opinion, the bill raises serious legal, historical, and practical issues worth exploring.
Why the Act isn’t Likely to Go Anywhere
The US government has tried many times to restrict dual citizenship, and it has consistently failed. Early laws demanded “exclusive allegiance,” but there was no practical way to enforce that. As more Americans gained second nationalities through birth, descent, or naturalization abroad, the courts had to recognize that dual citizenship exists whether the government approves or not.
From the 1950s through the 1980s, the Supreme Court shut down the government’s attempts to automatically revoke citizenship for dual nationals. Acts like voting in a foreign election, serving in a foreign military, or taking another citizenship can only result in loss of US nationality if the individual clearly intended to relinquish it.
In other words, without voluntary intent, citizenship cannot be taken away.
The Supreme Court settled this issue long ago. In Afroyim v. Rusk (1967), the Court ruled that the Fourteenth Amendment protects Americans from losing citizenship against their will. Later rulings, including Vance v. Terrazas (1980), confirmed that the government must prove someone intended to give up US citizenship—even if they take another nationality. These cases form the core legal barrier any anti–dual citizenship law would face.
Now, that’s not to say long-established precedent can’t be overturned. Although the circumstances were different, the decision to overturn Roe v Wade a few years ago is a case in point. But it’s fiendishly difficult.
On the legislative side, Congress has floated ideas to restrict citizenship before, usually during moments of political showmanship or national-security talk. None have survived legal review or made it to the finish line.
A useful comparison is the fight over birthright citizenship. Politicians have spent decades claiming they can end it, yet nothing has changed. Courts have repeatedly upheld the Fourteenth Amendment’s guarantee that anyone born on US soil is a citizen. If lawmakers can’t undo that—even prospectively—the odds of stripping dual citizenship from millions of existing citizens are even lower.
Challenging birthright citizenship deals with future cases. Eliminating dual citizenship would directly target people who already hold it, with no voluntary action on their part. Courts have rejected those kinds of efforts every time.
Recommended Reading:
What It Would Mean if It Ever Happened
But, okay, let’s say that somehow this bill survived Congress and the courts. How might this play out?
Well, its effects would be far-reaching and disruptive.
If a ban on dual citizenship ever took effect, millions of Americans would be thrown into a very difficult situation. Dual nationals aren’t a small niche—they include people born abroad to US parents, immigrants who kept their original citizenship, people who gained another nationality through marriage, descent, or naturalization, and anyone who inherited a second citizenship automatically. Many dual citizens might not even know they have it.
Forcing these individuals to choose wouldn’t be simple. Some countries don’t allow citizens to renounce. Others require long waits, high fees, and/or can be quite complex. Giving up a foreign citizenship can also mean losing the right to live, work, or inherit property in a country where someone has family or long-standing ties.
Renouncing US citizenship isn’t straightforward either. It’s expensive, and for wealthier individuals it can trigger an exit tax. Even those who want to keep their US citizenship would still need to deal with foreign bureaucracies to cancel the other nationality, and in many cases, there is no guaranteed path to do that.
Critics of dual citizenship may say, “Well, who cares?” But that’s a silly attitude that ignores reality: Putting people into such a situation is just inviting years of lawsuits.
Enforcement would also be a mess. The US has no master list of dual citizens, and creating one would raise obvious privacy and surveillance issues that will also ensnare non-dual citizens.
In other words, any enforcement system is most likely to catch people who volunteer the information. But given the consequences, how likely do you think it will be that people will just raise their hands?
Beyond the logistics, the proposal cuts against long-standing US policy. The State Department already recognizes that dual citizenship is a fact of modern life and that other countries will treat their citizens as such no matter what the US government wants.
Ending dual citizenship wouldn’t change that reality. It would only limit Americans’ flexibility without solving any real security problem.
Here's How We See It
For all the reasons above, we don’t see this passing anytime soon – the legal and constitutional obstacles are overwhelming. The Supreme Court has repeatedly ruled that the government cannot revoke citizenship without clear, voluntary intent from the individual. Any law that forces a choice under threat of automatic loss would run into the same wall.
Birthright citizenship—arguably a simpler target—has been under attack for decades with no result. Ending dual citizenship would invite greater resistance from both sides of the political spectrum, including military families, multinational businesses, diaspora communities, and millions of ordinary Americans with cross-border ties. It would also invite diplomatic retaliation from countries whose nationals live in the US.
Ultimately, it seems designed to show that the senator in question is in line with the prevailing mood in the GOP. But it’s not realistic.
For that reason, we suggest that most boring of recommendations – stay informed but don’t overreact. Unworkable ideas are a dime a dozen in Washington. In our view, this is just one of them.
And if you are considering second citizenship, feel free to get in touch. We’ve helped thousands of (dual and non-dual) Americans internationalize their money and themselves over the years. We’d be happy to be able to help you as well.
About The Author
We have 40+ years experience helping Americans move, live and invest internationally…
Need Help?
We have 40+ years experience helping Americans move, live and invest internationally…
