Thursday 12 February 2026

Recent proposals in the United States Congress have sparked attention around dual nationality, but at this stage nothing has changed in the law that affects current or prospective dual citizens. Below we summarise the key developments, current status and constitutional considerations.

Senator Moreno Bill: Exclusive Citizenship Act of 2025
Senator Bernie Moreno (R-Ohio) introduced the Exclusive Citizenship Act of 2025 late last year. The bill would attempt to eliminate dual citizenship by:

• treating acquisition of a foreign nationality after US citizenship as a relinquishing act; and
• requiring current dual citizens to renounce non-US nationality within a set period or be ‘deemed’ to have lost US citizenship.

These provisions are currently only proposals and have been referred to committee. They have not passed either chamber of Congress and therefore do not currently affect any individual’s citizenship rights.

Constitutional considerations
US citizenship is grounded in the Fourteenth Amendment, which defines who is a US citizen by birth or naturalisation. Case law following the amendment places significant limits on Congress’s power to revoke citizenship.

In Afroyim v. Rusk (1967), the Supreme Court held that Congress cannot strip citizenship without the individual’s voluntary intent to relinquish it. Subsequent decisions, including Vance v. Terrazas (1980), confirm that loss of citizenship requires both a voluntary act and proof of intent.

Under current precedent, laws that purport to deem citizenship lost solely because of another nationality are likely unenforceable or unconstitutional. Any attempt to implement such legislation would almost certainly be tested in court before taking effect.

House bill on dual nationals and congressional service
A separate proposal by Representative Josh Fine (R-Florida) would bar individuals holding foreign nationality from serving in the US Congress. This measure does not strip US citizenship and is unlikely to affect individuals outside of political office aspirations.

From a constitutional perspective, requiring non-dual citizenship as a qualification for Congress would likely conflict with Supreme Court precedent limiting congressional eligibility criteria to those expressly set out in the Constitution (age, citizenship duration and residency).

Our key takeaways
At present, there is no need for dual nationals or those considering acquiring a second nationality to alter their plans. The proposed legislation has not advanced and faces substantial political and constitutional obstacles. Under current Supreme Court precedent, US citizenship cannot be revoked absent clear intent to relinquish it, and dual citizenship remains fully lawful.

We therefore do not advise clients to delay naturalisation, renunciation planning in another jurisdiction or acquisition of a second nationality based on these proposals. As always, we will monitor developments closely and provide updates should there be any material change.

Should you have questions about the proposed bills or wish to pursue naturalisation in the UK or US, please contact your Laura Devine Immigration lawyer or email enquiries@lauradevine.com.