Thursday, August 23, 2007

Different naturalization laws
There had always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalized subjects).

Naturalization Early examples
Finland became independent on December 6, 1917. The old constitution, dating back to Swedish rule, required all Finnish citizens to be of Evangelical Lutheran faith. Both Jews and Muslims started to apply for Finnish citizenship in 1918. Muslims, however, were accepted only after the Constitution of Finland was modified and general freedom of religion was declared by 1919.

Naturalization in Finland

Main article: British nationality lawNaturalization Naturalisation in the United Kingdom

Main article: United States nationality law Naturalization in the United States
A few rare massive naturalizations procedures have been implemented by nation states. In 1922, Greece massively naturalized all the Greek refugees coming back from Turkey. The second massive naturalization procedure was in favor of Armenian refugees coming from Turkey, who went to Syria, Lebanon or other former Ottoman countries.
The most recent massive naturalization case resulted from the Argentine economic crisis in the beginning of the 21st century. Right of return laws in Spain and Italy allowed many of their diasporic descendants to obtain—in many cases to regain—naturalization in virtue of jus sanguinis, as in the Greek case. Hence, many Argentinians and Latin Americans acquired European nationality.
Since the Fourteenth Amendment to the United States Constitution grants citizenship only to those "born or naturalized in the United States, and subject to the jurisdiction thereof", and the original United States Constitution only grants Congress the power of naturalization, it could be argued that all acts of Congress that expand the right of citizenship are cases of massive naturalization. This includes the acts that extended U.S. citizenship to citizens of Puerto Rico, the United States Virgin Islands, Guam, and the Northern Mariana Islands, as well as the Indian Citizenship Act of 1924 which made all Native Americans citizens (most of them were previously excluded under the "jurisdiction" clause of the 14th Amendment).

Massive naturalizations
Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship. Unlike these two cases, which affect also native-born citizens, naturalized citizens can lose their citizenship by an annulment of naturalization, also known as "administrative denaturalization" where the original act of naturalization is found to be invalid, for instance due to an administrative error or if it had been based on fraud (including bribery). In the US, the Bancroft Treaties in the 19th century regulated legislation concerning denaturalization.

Denaturalization
Loss of U.S. citizenship was a consequence of foreign military service based on Section 349(a)(3) of the Immigration and Nationality Act until its provisions were found unconstitutional by the Supreme Court in 1967.
After annexation of the territories east of the Curzon line by the Soviet Union in 1945, Communist Poland denaturalized en masse all the inhabitants of those territories - including ethnic Poles, as well as its other citizens who had been deported into the Soviet Union, mainly to Kazakhstan. Those persons were forcibly naturalized as Soviet citizens. In contrast to Germany, which affords the ethnic German population in Russia and Kazakhstan full citizenship rights, Poland has only a very limited repatriation program and treats the repatriates as foreigners who need to be naturalized.
Yaser Esam Hamdi was a U.S. citizen captured in Afghanistan in 2001. The U.S. government claimed that he was fighting against U.S. and Afghan Northern Alliance forces with the Taliban. He was named by the Bush administration as an "illegal enemy combatant", and detained for almost three years without receiving any charges. On September 23, 2004, the United States Justice Department agreed to release Hamdi to Saudi Arabia on the condition that he gives up his U.S. citizenship.

Between World Wars
In the United States, the proposed, but never ratified, Titles of Nobility amendment of 1810 would strip off the American citizenship anyone who would "accept, claim, receive or retain, any title of nobility" or who would receive any gifts or honors from a foreign power.

No comments: