Current U.S. Dual Citizenship Policy
Many countries require citizens to choose one nationality, but the United States has long allowed dual citizenship. According to the U.S. Department of State, Americans who become nationals of another country “by birth, descent, naturalization or other form of acquisition” do not need permission from U.S. courts or agencies. U.S. law does not require citizens to choose between U.S. nationality and a foreign citizenship. Dual nationals owe allegiance to both countries, must obey the laws of each, and must enter and leave the U.S. on a U.S. passport. USA.gov likewise affirms that citizens may naturalize in another country without losing their U.S. citizenship.
Supreme Court precedent strongly protects this right. In Afroyim v. Rusk (1967), the Court held that Congress may not revoke citizenship without the citizen’s voluntary consent. Vance v. Terrazas (1980) reaffirmed that the government must prove an individual’s specific intent to relinquish U.S. citizenship. These decisions make involuntary loss of U.S. nationality unconstitutional.
Is the U.S. Actually Moving Toward a Ban on Dual Citizenship?
Recently, Senator Bernie Moreno introduced the Exclusive Citizenship Act of 2025 (S.3283), which would require all U.S. citizens to hold only U.S. citizenship and renounce any foreign nationality. Existing dual citizens would have one year to renounce their foreign citizenship or be deemed to have voluntarily relinquished U.S. citizenship.
Despite the media attention, there is no genuine legislative momentum behind this bill. It has not advanced out of committee, has no House counterpart, and lacks bipartisan support. Legal organizations and constitutional scholars note that the proposal contradicts long-standing Supreme Court precedent and would almost certainly be struck down as unconstitutional.
Practically speaking, the U.S. government does not maintain a registry of dual citizens, nor does it have the administrative infrastructure to enforce such a mandate. As of today, there is no realistic possibility that the U.S. will ban dual citizenship under current constitutional and political conditions.
Would the U.S. Even Be Able to Ban Dual Citizenship?
Legally, it would be extraordinarily difficult. The Fourteenth Amendment states that anyone born or naturalized in the U.S. is a citizen and retains that citizenship unless they voluntarily relinquish it. Forcing citizens to renounce a foreign nationality—or lose U.S. citizenship automatically due to inaction—would directly conflict with Supreme Court cases requiring affirmative, voluntary intent to expatriate.
To override this, Congress would need to amend the Constitution, which requires supermajority approval in Congress and ratification by 38 states—politically implausible in the current climate.
How Would Such a Policy Affect Korean–American Dual Citizens?
Even though a U.S. ban is unlikely, Korean–American dual nationals face separate obligations under Korean nationality law.
South Korea follows jus sanguinis, meaning children born abroad to at least one Korean parent automatically acquire Korean nationality. Dual nationals are typically required to choose one nationality or take formal steps to retain dual citizenship.
Key Korean rules include:
- Nationality Selection
Individuals who become dual nationals before age 20 must choose one nationality by age 22. Those who acquire dual nationality after age 20 must choose within two years. - Written Pledge Not to Exercise Foreign Nationality
Instead of renouncing foreign nationality, certain dual nationals may keep both citizenships by pledging not to exercise the foreign nationality within Korea. - Military Service Implications
Male dual nationals must decide their nationality by March 31 of the year they turn 18, or they may face restrictions on future renunciation.
These Korean requirements often cause confusion for Korean-American families, especially when individuals were unaware they even possessed Korean nationality. Even without U.S. policy changes, Korean rules alone require careful planning.
Practical Guidance for Immigrants and Dual Citizens
- Stay Informed, But Don’t Panic
There is no current effort by the U.S. government to eliminate dual citizenship. The Moreno bill is politically isolated and constitutionally flawed.
- Understand Your Korean Nationality Obligations
Deadlines for nationality selection or pledge filings are strict. Missing them can limit your future options, especially for men subject to military service rules.
- Seek Legal Counsel Before Making Any Nationality Decisions
Citizenship choices—whether renouncing U.S. or Korean nationality—carry long-term immigration, tax, and personal consequences. Legal guidance is essential.
Need Help? Contact Us Today
Questions about dual citizenship, naturalization, renunciation, or Korean nationality obligations can feel overwhelming. Our immigration team has extensive experience handling a wide range of U.S. immigration and nationality matters and can guide you through every step with clarity and confidence.
If you need guidance or believe your situation requires a strategic review, contact Song Law Firm today.
Phone: 201-461-0031
Email: immigration@songlawfirm.com
You do not need to make these decisions alone — we are here to support you every step of the way.
Disclaimer: This column provides general information and should not be construed as legal advice for your specific situation. Immigration policies change frequently; consult an attorney to understand how they apply to your case.
