Re: [建議] 李慶安~~
根據美國法律,如有以下行為者「可能」失去美國民權:
1)歸化為他國公民、或於年滿18歲之後宣誓對他國的效忠者。
2)在他國軍隊中擔任官職,或服役於對美國具有敵意國家之軍隊者
3)服務於他國政府之中者。
4)在美國相關官員之前正式宣告放棄國籍者。
5)叛亂、意圖或密謀推翻美國政府者。
依照原本法律規範,李慶安會被褫奪美國籍,不過,在美國國會1986年增修國籍法
案、以及美國憲法法庭最新的判例中,推翻了此項認定原則,而規定有上述犯行者,
僅造成可褫奪/放棄國籍之必要條件,還需行為人本人申請並主動向美國使領館或相
關單位宣誓放棄國籍方可生效
以下附上相關法律原文:
Loss of citizenship (INA § 349, 8 USC § 1481)
Section 349 of the INA [8 USC § 1481] specifies several conditions under
which US citizenship may be lost. These include:
becoming a naturalized citizen of another country, or declaring allegiance to
another country, after reaching age 18; serving as an officer in a foreign country's military service, or serving in
the armed forces of a country which is engaged in hostilities against the US;
working for a foreign government (e.g., in political office or as a civil
servant); formally renouncing one's US citizenship before duly authorized US officials;
or committing treason against, or attempting or conspiring to overthrow the
government of, the US.
The primary effect of recent developments in the US regarding dual
citizenship has been to add the requirement that loss of citizenship can only
result when the person in question intended to give up his citizenship. At
one time, the mere performance of the above (or certain other) acts was
enough to cause loss of US citizenship; however, the Supreme Court overturned
this concept in the Afroyim and Terrazas cases, and Congress amended the law
in 1986 to require that loss of citizenship would result only when a
potentially "expatriating" (citizenship-losing) action was performed
voluntarily and "with the intention of relinquishing United States
nationality".
On 16 April 1990, the State Department adopted a new policy on dual
citizenship, under which US citizens who perform one of the potentially
expatriating acts listed above are normally presumed not to have done so with
intent to give up US citizenship. Thus, the overwhelming majority of
loss-of-citizenship cases nowadays will involve people who have explicitly
indicated to US consular officials that they want to give up their US
citizenship.
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