Under current United States nationality law regarding citizenship through naturalization, dual nationality is neither inherently protected nor restricted. Specifically, the United States law does not explicitly mention dual nationality. The law does, however, create a subtle barrier to holding true dual nationality, a federally recognized and protected status of holding two or more nationalities, by requiring those obtaining citizenship through naturalization to participate in a long-standing tradition dating back to 1790: the “Oath of Allegiance” to the United States.

Reciting the oath declares that one relinquishes all loyalty from “every foreign prince, potentate, state, or sovereignty,” and swears complete allegiance to the United States. Although the United States does not require one to formally renounce citizenship with other countries, the language present within the oath essentially requires one to yield their loyalty to their home country. This Note divulges important factors as to why the United States should formally recognize and protect dual nationality in written immigration laws instead of allowing de facto dual nationality by simply not restricting or recognizing it.