With all the kerfuffle over how Eduardo Saverin, one of the wealthy founders of Facebook, has abandoned his US citizenship on the eve of the IPO in an apparent bid to avoid taxes, on the heels of Michelle Bachman abandoning her Swiss citizenship, we have seen more discussion of dual citizenship in the past week than I can recall ever appearing in the American media.
I have no particular thoughts on the subject now, but I did learn one thing of significance from this “Room for Debate” feature in the NYT:
Active dual citizenship, on the other hand, means acknowledging or applying such a status by, for instance, voting in a foreign election or registering with the foreign government as a citizen. Such actions used to be called “expatriating acts” — engaging in them meant you renounced your U.S. citizenship. The Supreme Court in the 1960s ruled that such acts can no longer automatically lead to the loss of citizenship. But they can still be prohibited by law, as Chief Justice Earl Warren himself wrote.
I had not realized that the Supreme Court has ruled that there are no longer any automatic expatriating acts. That is, that to lose your US citizenship, you must now either formally renounce it, and have that renunciation accepted, or have a court rule that your citizenship was never valid in the first place, for example due to a fraudulent application.
For the curious, here is the actual form that one actually fills out when voluntarily renouncing US citizenship. While I am not qualified to give legal advice in any capacity, as a practical matter I strongly advise against completing this form in a flight of idle whimsy and leaving it around where a prankster might find it.
Incidentally, Saverin was born in Brazil, so presumably retains his Brazilian citizenship. My understanding is that if he was only a citizen of the US, they would reject his application to renounce his citizenship, as it is widely considered illegal for an individual to voluntarily become stateless.