There's More to Dual Citizenship Than Meets the Eye

Recently my friend Bob, a US citizen, released an thought provoking article detailing some of those thoughts, even internal struggles, regarding the idea of becoming a Filipino citizen … while, of course, retaining his US citizenship.  I won’t go into it much here, you should read the article yourself, and if interested, several related articles he’s written in the past on the same subject … I think he links to all the relevant ones in I’m Struggling.

Bottom line is, contrary to many American’s belief’s, a US citizen can hold as many “nationalities” .. the legal term for ‘citizenship” as he or she wishes to.  You do not “lose” your US citizenship, so far as the US is concerned, by swearing allegiance to another country, unless, in the Sate Department’s own language, “It is your clear intent to give up your US nationality”.

But there are a couple important things to think through along these lines that transcend basic legalities.  I know this is an unpopular view to many in today’s world, but the basic fact you might legally be able to do something doesn’t always make it the right thing to do.  A popular cable channel here in the Philippines that I often watch has, for it’s slogan. the phrase “Get Away With It”.  They use this in the sense of appealing to the “Playboy reader’ side of their male audience, promoting themselves as the station where there are more sexy girls, more “bold” shows, more “T and A” than any other channel so men can watch and take a secret pleasure in “being naughty”.

Actually, they are about as sexy as a wet dishrag. I watch them mainly for the “Yin and Yang” cable shows about US politics, Jon Stewart’s The Daily Show, Stephen Colbert’s “Colbert Report” and re-runs of the “World Poker Tour”.  Hugh Hefner has nothing to fear.  But the “Get Away With It” theme grates on me every single time I hear it.

I don’t share Bob’s struggles in any real sense, because no matter how long I live here in the Philippines and how much I might grow to love this country, the stumbling block for me … as it has also become to Bob .. is the prerequisite to Philippine Naturalization that I take an oath to renounce my allegiance to the USA.  It may be legal, but I am not, not now, not ever going to do it.  It’s fine if others chose to do so, but again, not for me.  Just saying those words means violating the oaths I took as member of the military and as a civilian US government official.  The fact there is a “loophole” that let’s me “get away with it” doesn’t change my conviction.  The basis of integrity is doing the right thing even when you are not compelled to.

Crisis of conscience aside, there’s another very practical and very often overlooked aspect to this “renouncing citizenship” and “dual nationality” talk that seems popular lately.  Security.

Today, when only about 2% of the US population serves in the military, the idea of security clearances don’t enter into many people’s minds.  But let me assure you, from the perspective of 40 years in that “business”, it had better enter into your mind unless you are fully retired, on a pension, and are somehow sure you will never need work again.

A Funeral Flag, American Veteran Soldier, The Red, White, and Blue, Stars and Stripes, Patriotic, Memorial Day 2009, Cemetery
Creative Commons License photo credit: Beverly & Pack Ten years or so ago, before 9/11, the select group of people in the USA who needed a government security clearance was relatively small and well defined.  If you were a soldier, you were probably going to have a Secret or even Top Secret clearance as a matter of course.  If you were an engineer working for government contractor building nuclear weapons, then it was a no-brainer you were going to need a Q or an L clearance.  If you worked in the White House you knew intimately what the Yankee White program entailed.  But for the vast majority of Americans, that was mysterious government-only stuff that the average fellow or gal need never consider as they went about their life … travelling when and where they wished, forming relationships with whomever they wanted to and even taking up “back up” nationalities on the recommendation of survivalists or even fast-talking “experts” in foreign trade and off-shore investing.

Today, almost 10 years post 98/11, it’s a different world.  Even janitors for companies that sell to the government may need security clearance.  Local police and sheriff’s deputies are being brought into the program at a rapid rate.  Hundreds of thousands of airline contract employees like the former civilian security folks are now in the TSA and required to carry a security clearance just to receive a paycheck.  The list goes on.

Many of you reading this may already have a security clearance also.  All of you, as we say in New Jersey “Wid or widout”, need to carefully think through not only the huge decisions kike dual nationality, but even the much smaller decisions like who your foreigner friends may be, what actions you take that shows “preference” for a country aside from the USA, where and how often you travel and so forth.

You see, I’d guess 99.9% of the folks reading this are decent, law-abiding citizens … and none of the issues I mentioned are even remotely illegal, but the government security clearance program doesn’t operate the same way the courts do.  Every detail of your life for as far back as elementary school is checked into and documented.  Every foreign trip, every marriage 9and all close relatives so acquired), every money transaction, including money sent abroad, and FOIR SURE, any actions that involve nationality in a foreign land are gone over with a fine tooth comb.

Unlike the criminal system, where the safeguard is, where government has to prove there was a crime and you are innocent until proven guilty, the adjudicating official who can grant or revoke a security clearance at the stroke of a pen, works in to opposite way.  If there is any reasonable evidence of, say, showing preference for a foreign country, the adjudicating officer is bound by law to act in the best interest of the government and deny a clearance.  The entire system is designed to always err on the side of caution and protection of the government … you are literally assumed guilty until you can prove yourself innocent.

If that happens, you are in for an expensive hearing, with an expert and thus expensive legal professional called a security clearance lawyer on your side.  And even the best security clearance attorneys have only about a 60% “win” rate.  I’ve personally read hundreds of hearing transcripts in these sort of cases and the ones that really do badly on appeal are the ones who tried to hide their foreign connections and the folks who legally, as is their right, carry multiple nationalities.  There are people who hold US government security clearances and also another country’s nationality, but they are extremely few and far between.

So bear this in mind, for sure, before you make any firm decisions on weighty matters like adding a nationality … you may be very well shaping your entire future career choices in one raising of the right hand. At the very least, consult with a security clearance lawyer if there is even a remote chance you’ll ever need a clearance in the future.  Some acts can’t be undone.

And if you are a carrying a security clearance now as part of your current job, military or civilian,and you travel often to the Philippines, have bank accounts, family connections here and so forth, run, don’t walk to your own security clearance folks and get their official opinion … or consult with a security clearance attorney … before something comes up on an investigation.  You’ll be glad you did.

Gog Bless America.

When I get inquiries on Security Clearances and Security Clearance lawyer issues I usually refer folks to our sister site, Retiredpay.com where we often cover these issues in grater detail.

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Comments

  1. Paul Thompson says:

    Dave to prove YOUR point about the importance of maintaining a clean Security Clearance, here is an example: Paul retired in 1986 with a Top Secret clearance. Opened two bars and live that Jimmy Buffett lifestyle in Puerto Rico (A U.S. Territory). In 1991 Paul applied as a Merchant Seaman with the U.S. Governments, Military Sealift Command. It took six months for Paul to be cleared for hiring, as they investigated back to the time he was born until the date he was hired, quite a few years prior to 9/11. So Dave you are so correct that even the smallest thing can prevent you from working in today’s new world. Adding a new citizenship to your resume, “Fer-get abouud it!

    • Philly says:

      Hi Paul, yes indeed. When I transitioned from military to civilian service I had held a clearance for more than 10 years, so I figured, no problem. Not so. The DSS went through a way deeper routine than the USAF did on active service. Good thing my new job had inside bench work as well as our primary flight line work, because it was 6 plus months I was chained to the bench, not touching one of Uncle Sam’s winged chariots until it was all gone through again.

      The part that amazes me, and the part that non military-connected folks may never have thought about is, so many jobs that now require a clearance that never came close before. A whole lot of issues in a person’s life may come up in an investigation and once known, many are not showstoppers, but in about a hundred related cases I have read, I think I saw ONE guy get his clearance granted with dual citizenship that he had chosen. Many people have dual citizenship due to their birth circumstances … that’s seldom a problem, but those who aquire it by free will as adults … it pretty much closes the door.

  2. d.bellini says:

    Just a query that may effect persons married to a Philippine born person that has acquired dual citizenship.
    Can this dual Philippine nationality person still travel to the philippines & gain entry as a “balikbayan” together with their husband or wife ?
    Alternatively, does the husband/wife of this person still have “balikbayan” entry request options if their wife or husband gains entry under dual nationality ?

    • Philly says:

      Hi d.bellini, thanks for writing. Your question is a good one, and it’s easy in this case. The BalikBayan Privilege is extended to Filipinos and former-Filipinos. A Philippine citizen traveling home to the Philippines with his or her foreigner spouse can enter on his/her own passport, of course … no visa is required. But s/he can ask for the privilege for the non-Filipino spouse and accompanying children.

      If the Filipino has already availed of citizenship in another country …, s/he still falls under the BB program. The former Filipino gets a one year stamp and accompanying spouse and children also get the stamp.

      If the former Filipino has reacquired his/her Philippine citizenship, and has both country’s passports, s/he can opt to be treated either way. When my wife (US/Philippine dual) and I entered a couple years ago, she put both passporst on the counter and asked the officer which one she should use .. his reply? “S.up to you” ;-)

      I’m currently here on a BalikBayan Privilege stamp from February of this year and my wife is too, since this time we both used our US passports.

      Short answer is, makes no difference.

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