File No. 136/96a
The Secretary of State to the Diplomatic and Consular Officers
General Instruction
Consular
Gentlemen: The Department has received from diplomatic and consular officers several despatches referring to the proviso contained in section 2 of the act of March 2, 1907 (34 Stat. L. 1228), “That no American citizen shall be allowed to expatriate himself when this country is at war,” and enquiring as to the proper application of this proviso in cases of native or naturalized Americans who take oaths of allegiance to foreign sovereigns or acquire naturalization in foreign countries, when this country is at war, and to naturalized citizens who, at such time, have completed a period of residence of two years in their native lands or of five years in other foreign lands.
While the matter is one for the ultimate decision of the courts, it is the present opinion of the Department that the proviso in question should be considered as applicable to all provisions of section 2 of the act relating to loss of American citizenship; that the operation of these provisions is suspended by this proviso during times of war, and that therefore American citizens do not expatriate themselves by any of the acts enumerated in this section as resulting in loss of American citizenship, but are held to their allegiance throughout the duration of the war.
If the presumption of expatriation had arisen against an American citizen before the United States entered the war it is, of course, incumbent upon such person to overcome it, under the established rules, before he can be registered or furnished with a passport.
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