When can an immigrant claim US nationality? Inspired by this question over at EL&amp;U. In my research for a response that question (which I never posted), I found this article in the Economist, which includes this paragraph: In general, to be a national is to be a member of a state. Nationality is acquired by birth or adoption, marriage, or descent (the specifics vary from country to country). Having a nationality is crucial for receiving full recognition under international law. Indeed, Article 15 of the Universal Declaration of Human Rights declares that “Everyone has the right to a nationality” and “No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality” but is silent on citizenship. Citizenship is a narrower concept: it is a specific legal relationship between a state and a person. It gives that person certain rights and responsibilities. It does not have to accompany nationality. In some Latin American countries, for example, such as Mexico, a person acquires nationality at birth but receives citizenship only upon turning 18: Mexican children, therefore, are nationals but not citizens. I was born in the US, so I am a US citizen and a US national. At what stage of the immigration process can an immigrant to the US truthfully and legally declare the US as their nationality? (Limiting this to the US since different countries handle citizenship and nationality differently.)
When the person has been naturalised, that is, when the US government officially recognises them as a US citizen. There are many pathways to citizenship and the ones on the linked page are pretty typical across the world although the details vary: residence for a period with or without marriage to a citizen service descent.
The President has the power under Article II of the U.S. Constitution to faithfully execute the laws enacted by Congress. Any power that the President has to regulate international travel of non-U.S. citizens arises from statutes enacted by Congress that give the President (or the executive branch more generally) that authority. Immigration laws, in practice, give very substantial discretionary authority to the President, and public health laws probably also do so. I don't have chapter and verse to cite to you regarding which specific statutes provide that authority, without considerably more research, but that is the general idea. The primary statute regulating immigration is the Immigration and Nationality Act of 1965 (and more generally, Title 8 of the United States Code). It is not uncommon in the United States for there to be disputes over how much discretion a President has under a particular statute in the United States, because unlike parliamentary systems of government, the execution of laws and the passage of law is split between different branches of the federal government in the Presidential system of the United States, rather than being fused with a Prime Minster who serves at the pleasure of the legislature.
Only for certain parts of the constitution, and not for the parts you are asking about. Accordingly, the Supreme Court has squarely stated that neither the First Amendment nor the Fifth Amendment "acknowledges any distinction between citizens and resident aliens."13 For more than a century, the Court has recognized that the Equal Protection Clause is "universal in [its] application, to all persons within the territorial jurisdiction, without regard to differences of ... nationality."14 The Court has repeatedly stated that "the Due Process Clause applies to all 'persons' within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent."15 When noncitizens, no matter what their status, are tried for crimes, they are entitled to all of the rights that attach to the criminal process, without any distinction based on their nationality.16 Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens? - David Cole, Georgetown University Law Center
Short answer: You find a country who is willing to recognize you as stateless, and issue you travel papers. At that point you can enter the U.S. by applying for a visa. The USA really does not want to create stateless people. They are laboring diplomatically to eradicate statelessness. As such, the State Department will want to see that you are secure in another country's citizenship before they will repudiate your US citizenship. Otherwise, they are very reluctant. The State Department will insist you do the repudiation in a foreign country at a US embassy. If you want to become stateless with your feet in the United States, you'll likely have a legal fight on your hands. Regardless, it will cost you $2300 in filing fees (plus, all your back taxes) :) At that point, you become the problem of the foreign country. You aren't anyone to the USA, and you have to apply for a visa just like anyone else. When a stated person enters the US, immigration's pivotal concern is whether you'll leave the US consistent with the terms of your visa, i.e. return to your country of citizenship. Being stateless increases this risk, and being a USA expat increases that risk further, since you are so familiar and comfortable in the US. If you found yourself in the kind of piccadillo that would qualify a foreigner for refugee or asylum status, the US would consider it just the same as others, since those statuses include right of residency. Some countries manufacture stateless people, e.g. Syria will not grant citizenship to a non-Muslim born there.
International organizations such as the UN are typically treated similar to foreign governments, and thus enjoy various privileges. One consequence is that typically, income from employment by these organizations is not subject to taxation by the host countries where the employee lives or carries out their work. However, the details depend very much on the tax laws in that host country. The employee might still be required to file taxes, but would then likely be able to declare the income as tax-free under the corresponding provision of the national tax law. This usually also depends a lot on the treaties which created the international organisation. For example, the Convention on the Privileges and Immunities of the United Nations contains an explicit tax exemption for UN officials, though not necessarily for regular employees. As an example for how a country treats employees of international organization, the IRS has guidance regarding US tax law here. Other countries tend to have similar rules, albeit with less accessible online documentation :)
Probably not, because there is no legal case or controversy, and the law is clear enough. In US v. Wong Kim Ark, 169 U.S. 649, SCOTUS held that A child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States, by virtue of the first clause of the Fourteenth Amendment of the Constitution The opinion has a long analysis of the &quot;subject to jurisdiction&quot; clause, reasoning that this excludes only children of diplomats, who are not subject to US law. Harris's parents were not immune diplomats so she was never immune to US jurisdiction. They are never forced to take any case, and are especially not likely to take a case so lacking in legal merits.
What distinguishes a civilian charge of treason versus being an enemy combatant? Nationality. Someone who is not a US national cannot commit treason against the US, because treason is a breach of allegiance, and non-nationals do not owe allegiance. The ruling you mention is not concerned with treason because the defendant is not a national of the United States. If a US national meets the definition of enemy combatant then that person has committed treason, the definition of which is limited in the constitution to &quot;giving aid or comfort to the enemy.&quot; It is also possible to commit treason without being a combatant, for example by giving indirect support to an enemy where that indirect support is found to constitute &quot;aid.&quot;
Insofar as those treaties don't bind the US, the notion of "violating" such laws is moot. Hoda Muthana is, under Yemeni law, a Yemeni citizen (it is immaterial whether she has ever "accepted" or exploited it), and as such stripping her of US citizenship would not leave her stateless. In the case of Hoda Muthana, the action is based on the legal argument that she was not ever a citizen, based on the premise that her father was a foreign diplomat. Under US law, children born to foreign diplomats in the US are not birthright citizens, following US v. Wong Kim Ark. Birthright citizenship cannot be revoked. However, a person can renounce their citizenship, via certain acts, including taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years;or (3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer The defense argument would presumably be that ISIS is not a foreign state (despite their own claims to the contrary) so her affiliation with ISIS does not qualify. There are grounds for denaturalization, including falsifying or concealing relevant facts pertaining to naturalization, refusing to testify before Congress, or joining a subversive organization including Al Qaeda within 5 years of naturalization.