The Editor, Sir:

The issue of holding United States citizenship and offering oneself as a candidate in the local elections is an interesting one. As a practitioner in the area of U.S. immigration law, I have set out the relevant section of the Immigration and Nationality Act as it relates to the renouncing and loss of U.S. citizenship.

This analysis is not exhaustive, and is only intended to give a basic overview of this area of immigration law.

Loss of United States Citizenship Act section 349: Individuals born in the United States and those who obtained citizenship through naturalization are subject to loss of citizenship by expatriation.

EXPATRIATION

The performance of certain acts by a person after naturalization may provide the basis for revocation of the original naturalization. These acts include:

1) Refusal to testify before congress on subversive activities; and

2) If naturalised after December 24, 1952, affiliation within five years of naturalisation, to an organization whose membership precludes retention of United States citizenship.

The issue of loss of United States citizenship is normally considered in the context of the United States Govern-ment attempting to declare the loss of citizenship by an individual, for performing certain acts described in section 349. That individual, in contesting a finding of renunciation, would attempt to show that his act was involuntary or that he had no intent to renounce his citizenship, at the time the act was performed. If the individual voluntarily performs the expatriating act with the intent to renounce his U.S. citizenship, then no enquiry is necessary.

The following acts if performed voluntarily, outside the U.S. with the intention to give up United States citizenship, will subject one to the loss of United States citizenship:

EXPATRIATING ACTS

1) Naturalisation in a foreign state upon his own application;

2) Taking an oath, affirmation to a foreign state or its political subdivisions;

3) Serving in the armed forces of a foreign state hostile to the U.S. or serving as a commissioned or non-commissioned officer;

4) Accepting employment with a foreign government if (a) one is a national of the foreign state or (b) declaration of allegiance is a requirement for accepting the position;

5) Formally renouncing U.S. citizenship to a consular officer;

6) If in the U.S. formally renouncing U.S. citizenship in time of war;

7) Conviction for treason.

In the first four above, intent to renounce U.S. citizenship may or may not be presumed. For instance, if the naturalisation oath of the foreign state renounces all other nationalities or the U.S. in particular, intent to renounce is more readily proven.

ACTS WHERE INTENT IS PRESUMED

The issue of subjective intent is inapplicable if one engages in the following:

1) Formally renounces U.S. citizenship;

2) Takes a policy level position in a foreign state;

3) Is convicted for treason;

4) Performs one of the aforementioned seven acts, along with conduct inconsistent with the retention of U.S. citizenship.

If one engages in one of the above four mentioned acts, intent is presumed, and the burden now shifts to the individual to show that he has not lost his U.S. citizenship.

U.S. consular posts around the world have different procedures and requirements for handling loss of citizenship scenarios. One can go into the consular office and formally renounce. At that time, an oath is administered, and a Certificate of Loss of Nationality is prepared, and forwarded to the Department of State for approval.

Expatriating act

One can also voluntarily lose his U.S. citizenship by performing the expatriating act, and thereafter confirm the act and the intention to renounce U.S. citizenship by informing a consular offer of this fact.

The U.S. State Department may independently have information of the expatriating act, and prevent an individual from entering the U.S. after a trip abroad. In those circumstances, if the matter is contested, the individual may be paroled in the U.S. and allowed to seek a declaratory judgment in Federal Court that he has not lost his U.S. citizenship.

While the regulations cautions the consular officer from urging one to renounce his U.S. citizenship, if the expatriating act has been voluntarily performed, with the specific intent to renounce U.S. citizenship, there is no need for further enquiry.

Naturalisation as a U.S. citizen is considered a privilege and not a right, and as previously stated even birth in the U.S. does not guarantee preservation of U.S. citizenship.

I am, etc.,

KIRK BARROW

kabarrow@hotmail.com

1D Braemear Ave

Kingston 10

Via Go-Jamaica