Many Filipino Americans with dual U.S.–Philippines citizenship are concerned about a new bill filed by U.S. Senator Bernie Moreno. The proposed legislation would require American citizens who hold a second citizenship to formally renounce their foreign citizenship if they wish to keep their U.S. citizenship.
Failure to do so would result in the automatic loss of U.S. citizenship, raising serious legal and constitutional questions.
Philippine Embassy Warns: Do Not Rush to Renounce Citizenship
In response to the bill, the Philippine Embassy in the United States urged Filipino Americans not to hastily renounce their Philippine citizenship, emphasizing that such a renunciation is permanent and irreversible.
The Embassy also highlighted that dual citizenship has long been recognized and upheld by the U.S. Supreme Court. In Kawakita v. United States (1952), the Court affirmed that dual citizenship is a valid and longstanding legal status under U.S. law.
Why the Proposed Law Faces Constitutional Challenges
Beyond Kawakita, an even more powerful legal precedent challenges the bill’s validity: Afroyim v. Rusk (1967). In this landmark case, the Supreme Court ruled that:
- Congress cannot strip a person of U.S. citizenship, and
- A citizen may only lose U.S. citizenship through their own voluntary renunciation.
Because the proposed bill would cause someone to lose U.S. citizenship not through voluntary action, but through failure to act (i.e., not renouncing another citizenship), the legislation effectively creates involuntary expatriation. Under Afroyim, this is unconstitutional.
Could Afroyim v. Rusk Be Overturned?
While Afroyim provides strong protection for dual citizens, it is not immune to reversal. The U.S. Supreme Court has, on several occasions, overturned major precedents, including:
- Plessy v. Ferguson – upheld segregation
- Dred Scott v. Sandford – recognized slavery
- Roe v. Wade – recognized abortion rights
These examples show that long-standing doctrines can be changed. However, observers hope that the current Supreme Court will uphold the Fourteenth Amendment, which states: “All persons born or naturalized in the United States … are citizens of the United States.”
In Afroyim, the Court interpreted this language as absolute, meaning Congress has no power to take citizenship away from anyone who does not voluntarily relinquish it.
What Filipino American Dual Citizens Should Take Away
- Do not renounce Philippine citizenship without careful legal consultation.
- Dual citizenship remains legal and constitutionally protected under existing Supreme Court rulings.
- The proposed bill still needs to go through several legislative processes and is not yet a law and faces major constitutional obstacles, but monitoring legal developments is essential.