Exclusive Citizenship Act of 2025: What it means for dual citizens in 2026

The Exclusive Citizenship Act of 2025 (S.3283), introduced by Senator Bernie Moreno (R-OH) on December 1, 2025, proposes banning dual citizenship for all US citizens. As of 2026, S.3283 remains at the first of 5 legislative steps: 1 cosponsor, no listed committee hearings, no markup vote, and no House companion bill. Dual citizenship is fully legal today. No action is required from current dual citizens.

Exclusive Citizenship Act of 2025 – Key facts as of 2026

• Bill number: S.3283, introduced December 1, 2025
• Sponsor: Senator Bernie Moreno (R-OH); 1 cosponsor listed on Congress.gov
• Current status: referred to the Senate Judiciary Committee; no House companion bill listed
• Estimated passage probability: roughly 3%, based on legal and policy analysis reflected in the prior article
• What it proposes: a dual citizenship ban for US citizens; existing dual citizens would have no more than 1 year after enactment to choose one nationality
• Constitutional barrier: Afroyim v. Rusk, 387 U.S. 253 (1967) and Vance v. Terrazas, 444 U.S. 252 (1980) protect against involuntary loss of US citizenship
• Affected population: approximately 8–10 million US dual citizens
• Tax impact: the bill does not change existing expatriation tax rules; the exit tax applies only if citizenship is actually renounced
• 2026 tax update: covered expatriate testing uses $211,000 for the average annual net income tax liability test and $910,000 for the mark-to-market exclusion
• Action required now: none – dual citizenship remains legal

The official bill tracking is available through S.3283 full bill text and live status on Congress.gov.

What does the Exclusive Citizenship Act of 2025 propose?

The Exclusive Citizenship Act of 2025 seeks to ban dual citizenship for all US citizens. It would require current dual citizens to give up one nationality within one year, remove US citizenship from anyone who later naturalizes elsewhere, and set up a federal registry to track dual citizens.

The Bernie Moreno bill would add a new section, “Exclusive citizenship,” to the Immigration and Nationality Act. Senator Moreno’s official press release on the Exclusive Citizenship Act is intended to require sole allegiance to the United States and prevent dual citizenship going forward.

At its core, the exclusive citizenship act is about one idea – loyalty to only one country. The bill uses the phrase “sole and exclusive allegiance” to describe what it expects from every US citizen. In simple terms, holding two passports would no longer be allowed if this proposal became law.

1. Ban on dual citizenship for all US citizens
   Anyone holding both US citizenship and another nationality would be affected.
2. One-year deadline for existing dual citizens
   People who already have two citizenships would get one year to choose which one to keep.
3. Automatic loss of US citizenship for future naturalizations
   Under the proposal, a US citizen who voluntarily acquires foreign citizenship after the date of enactment would be treated as having relinquished US citizenship. The bill frames this as an automatic loss, although such a provision would likely face constitutional challenges under existing Supreme Court precedent.
4. Declaration and recordkeeping requirements for dual citizens
   The bill directs the Secretary of State to create procedures for “declaration, verification, and recordkeeping” of exclusive citizenship, and to coordinate agency recording for immigration treatment.

Those who do not register or comply could be treated as “aliens” under immigration law.

The legal standard behind this system is “sole and exclusive allegiance” to the United States.

NOTE! Introduced by Senator Bernie Moreno (R–OH) in December 2025. As of May 2026, the bill has 1 cosponsor: Sen. Roger Marshall (R-KS), but has not moved out of committee. This Bernie Moreno bill has not become law.

Timeline if enacted

• Existing dual citizens would be required to choose one citizenship no later than one year after the date of enactment.
• The law would take effect 180 days after enactment, which means the compliance window would effectively be about six months after the effective date, not a full year after it.
• As written, the bill provides approximately 12 months from enactment, not 18 months, for existing dual citizens to comply.

For US expats, this proposal does not change anything today. It does, however, explain why the Exclusive Citizenship Act is drawing attention among dual citizens who want clarity, stability, and time to plan before any rules change.

Who would be affected by the Dual Citizenship Ban?

If passed, the bill would affect approximately 8-10 million US citizens with dual citizenship, including Americans living abroad, naturalized US citizens who kept their original citizenship, and accidental Americans born on US soil to foreign parents.

This dual citizenship USA proposal does not target a small or unusual group. It reaches into everyday lives across borders, families, and careers. The people most affected fall into three clear groups, each facing different but serious consequences if the law were enacted.

Existing dual citizens abroad

Many existing dual citizens abroad look like this: someone born in the US who later built a full life overseas and took local citizenship to keep working, staying, and owning a home without limits.

• Americans who naturalized in another country (UK, Canada, Germany, etc.)
• Would face a choice: keep US citizenship or foreign citizenship
• Impacts residency rights, work authorization, and property ownership abroad
• Estimated 5-6 million US citizens living abroad, many with dual status

Naturalized Americans in the US

A naturalized American is often someone who moved to the US years ago, became a citizen, and stayed connected to their birth country by keeping their original passport, which is central to concerns about who would be affected by a dual citizenship ban.

• Foreign-born individuals who became US citizens but kept their original passports
• An estimated 3-4 million people
• Would need to renounce birth country citizenship
• Impacts family ties, property rights, and travel to their country of origin

Accidental Americans

Accidental Americans are often unaware of their status, such as people born in a US hospital to foreign parents who left shortly after birth and grew up entirely elsewhere.

• Individuals born in the US to foreign parents, raised abroad, with minimal US ties
• Never lived in the US as an adult, don't identify as American
• Would be forced to choose despite not actively claiming US citizenship
• Most vulnerable to constitutional challenge (lack of voluntary intent)

Why the bill is unlikely to become law

The Exclusive Citizenship Act of 2025 is unlikely to become law because it faces 3 major barriers: Supreme Court precedent, operational impossibility, and weak legislative momentum. The bill’s automatic citizenship-loss mechanism is the main legal problem.

1. Constitutional barrier: Supreme Court precedent

Afroyim v Rusk (1967) is the Supreme Court case that protects US citizens from losing citizenship against their will. The Court ruled that Congress does not have the power to strip citizenship unless the person clearly chooses to give it up.

That ruling still controls how citizenship law works today. Any law that causes automatic loss of citizenship without a clear, voluntary choice runs straight into this decision.

Vance v Terrazas (1980) made the rule even stricter. The Court said the government must prove a person intended to give up US citizenship, not just that they took an action that could be interpreted that way.

Intent matters more than paperwork. Missing a deadline or failing to file a form does not equal choosing to give up citizenship.

NOTE! Courts treat citizenship as a protected right, not a privilege that expires.

• The bill’s 1-year deadline tries to label inaction as “voluntary relinquishment,” but Terrazas requires real intent.
• Legal scholars say courts would reject this approach unless decades of precedent were overturned.
• Automatic loss of citizenship directly conflicts with the Afroyim ruling.

2. Administrative impossibility

Processing 8–10 million dual citizenship cases within 1 year would be operationally unrealistic for the State Department. Major embassies already warn that loss-of-nationality appointments can take several months or more, and no official emergency track exists for a legislatively imposed dual citizenship deadline.

The State Department would need to process millions of citizenship decisions, but official records show existing CLN work already creates backlogs.

 

That data comes from just one embassy in Belgium. It shows how slow and careful the process already is, even without new laws.

Expanding this process to millions of dual citizens within a 1-year window is not realistic. Many people would lose citizenship simply because they could not get an appointment, not because they chose to give it up.

3. Political reality: No bipartisan support

The political side of the bill shows the same weakness. This is another reason why the bill won't pass despite the attention it has received.

1. Single-senator sponsorship: Only Sen. Bernie Moreno is listed as a sponsor.
2. Zero original co-sponsors: Congress.gov showed none when the bill was introduced.
3. No momentum: As of May 2026, S.3283 has 1 cosponsor, 0 committee hearings, and no floor vote scheduled.
4. Stalled in committee: The bill remains referred to the Senate Judiciary with no hearings scheduled.
5. No House companion bill: There is no matching proposal in the House of Representatives.

Bills that restrict citizenship have been proposed before and have failed for similar reasons. They carry high political risk, affect millions of voters, and invite constitutional challenges that can last for years.

For lawmakers, supporting a bill that could force citizenship loss on US expats and dual citizens is a high-cost move with very little upside.

Ignore the noise – focus on your current dual citizenship tax obligations

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Bill status update – May 2026

The Exclusive Citizenship Act of 2025 status remains unchanged from May 2026 through June 2026. S.3283 is still an introduced Senate bill referred to the Senate Judiciary Committee, and Congress.gov lists no House companion bill.

Current legislative status (May 2026)

The Exclusive Citizenship Act of 2025 (S.3283) has cleared none of the 5 required legislative steps since its introduction on December 1, 2025. As of May 2026, the bill has 1 cosponsor, no listed committee hearings, no markup vote, and no companion bill in the House of Representatives.

So, what is the Exclusive Citizenship Act status in 2026? The short answer is that the dual citizenship bill is stalled. It has not passed the Senate, has not passed the House, and has not reached the president.

Why S.3283 has not advanced

S.3283 has not advanced because 3 structural obstacles have blocked the bill since December 2025:

1. The Senate Judiciary Committee has not advanced the bill. Congress.gov lists referral to the Senate Judiciary Committee as the latest official action.
2. No House member has introduced a companion bill. Both chambers must pass legislation before it can reach the president, and Congress.gov lists 0 related bills for S.3283.
3. The bill’s automatic citizenship-loss mechanism conflicts with Supreme Court precedent. Afroyim v. Rusk and Vance v. Terrazas make an immediate court challenge likely if the bill advances.

What would need to happen for the bill to pass

For S.3283 to become law, it would need to clear the following 5 steps – none of which have occurred:

1. The Senate Judiciary Committee vote to advance the bill.
2. Full Senate floor vote, including 60 votes if needed to overcome a filibuster.
3. Introduction and passage of a companion bill in the House of Representatives.
4. Conference committee reconciliation if the Senate and House versions differ.
5. Presidential signature.

Taxes for Expats will update this section when S.3283’s status changes. Official bill tracking is available at S.3283 bill tracking on Congress.gov.

Dual citizenship in Congress

US law does not prohibit dual citizens in Congress. Members of Congress can hold dual citizenship. The Constitution imposes 3 eligibility requirements for House members – age 25, 7 years as a US citizen, and state residency – and 3 for Senators – age 30, 9 years as a US citizen, and state residency. None of the 535 seats in Congress requires holders to renounce foreign citizenship.

Can dual citizens serve in the US Congress?

Dual citizens can legally serve in the US House and Senate. No federal statute bars dual citizens from holding congressional office, serving on federal committees, or accessing classified briefings solely because of foreign citizenship.

Security clearance eligibility is assessed separately and depends on individual facts. Citizenship status alone is not the same as a clearance denial.

Is there a public list of Congress members with dual citizenship?

No official public list of Congress members with dual citizenship exists. Neither Article I of the Constitution nor the standard congressional eligibility rules require members of Congress to disclose foreign citizenship.

Estimates from advocacy groups vary widely and are not verified by an official federal registry. For that reason, claims about a list of US senators with dual citizenship in 2025 should be treated as unverified unless tied to a direct disclosure by the officeholder.

San Marino dual citizenship – 2026 law change

San Marino amended its nationality law in 2026 to permit dual citizenship for naturalization applicants by removing the requirement to renounce all other citizenships. The official law approved on February 18, 2026, and published as Law No. 27 of February 25, 2026, changed naturalization rules and added language, history, and institutions requirements.

What changed for San Marino dual citizenship in 2026

San Marino dual citizenship 2026 rules changed in 2 practical ways for naturalization applicants. The official text says the law’s purpose is to eliminate the obligation to renounce every other citizenship possessed and update naturalization requirements.

The 2026 amendment to San Marino’s nationality law introduced the following 2 changes:

1. Applicants for naturalization no longer have to renounce every other citizenship they possess.
2. Applicants must meet updated naturalization requirements, including Italian language and San Marino history and institutions knowledge requirements.

The official law states that standard naturalization generally requires 20 continuous years of registered and actual residence in San Marino. The residence period is reduced to 10 years for a spouse or civil partner of a Sammarinese citizen, if the legal conditions are met.

What the 2026 change means for US citizens

A US citizen who qualifies for San Marino citizenship under the 2026 rules should no longer have to renounce US citizenship solely to satisfy San Marino naturalization law. The standard naturalization residence requirement is 20 years, and the spouse or civil partner route can reduce the requirement to 10 years.

The 2026 San Marino change does not change US tax rules. A US citizen with San Marino citizenship remains subject to US citizenship-based taxation unless they formally renounce US citizenship; see our guide to citizenship-based taxation: what the US filing obligation means in 2026.

If the Exclusive Citizenship Act of 2025 were enacted – which remains highly unlikely as of 2026 – US citizens holding San Marino citizenship would face the same forced-choice issue as other dual citizens.

What would happen if the bill passed?

If the Exclusive Citizenship Act of 2025 were to pass, existing dual citizens would need to choose one citizenship no later than 1 year after enactment. The bill text also gives the State Department 180 days to issue implementing regulations.

NOTE! Before making any citizenship decisions, understand the full implications by reviewing our countries that accept dual citizenship – 2026 guide.

Option 1 – Keep US citizenship (renounce foreign)

A dual citizen who wanted to keep US citizenship would need to renounce foreign citizenship if the bill became law and survived a court challenge. The process would depend on the foreign country’s nationality law. This option often affects daily life abroad more than expected, especially for long-term residents.

• May lose permanent residency rights in the country of residence
• Work authorization potentially revoked (dependent on visa status)
• Property ownership restrictions in some countries
• Loss of local healthcare and pension system access
• May need a visa to visit the country of former citizenship
• Cannot pass citizenship to children born after renunciation

For some dual citizens, renouncing foreign citizenship could mean losing voting rights, local work rights, or the ability to sponsor family members under local law.

Option 2 – Keep foreign citizenship (renounce US)

A dual citizen who wanted to keep foreign citizenship would need to renounce US citizenship if the bill became law and survived a court challenge. As of April 13, 2026, the State Department CLN processing fee is $450, reduced from $2,350.

US renunciation is not just a consular step. A former citizen must handle final-year US tax filing, Form 8854, and possible covered expatriate status under the exit tax rules.

TFX client scenario

Based on our client scenario at TFX: a US–German dual citizen residing in Munich since 2019, with worldwide assets of approximately $1.3 million, renounced US citizenship in 2024. Net worth fell below the $2 million covered-expatriate threshold, and the exit tax did not apply. The client filed Form 8854 with the final US return by the June 15 overseas filer deadline and owed $0 in exit tax.

 

 

For process, cost, and timing details, see our guide on how to renounce US citizenship: full process, costs, and exit tax in 2026.

Option 3 – Do nothing

Doing nothing would be risky only if the bill became law, survived a court challenge, and implementing regulations created a valid reporting process. The bill treats non-compliance as a voluntary relinquishment of US citizenship. After the 1-year deadline, US citizenship would be lost automatically. Courts are unlikely to support this outcome without a clear voluntary act, which makes this the most legally vulnerable part of the proposal.

Tax implications – exit tax and expatriation rules

The Exclusive Citizenship Act of 2025 does not rewrite the US exit tax rules. Existing expatriation law would still control whether a former US citizen is a covered expatriate and whether Form 8854 is required.

For most US dual citizens considering renunciation, covered expatriate status triggers exit tax only if net worth is $2 million or more, average 5-year US tax liability is more than $211,000 for a 2026 expatriation, or Form 8854 compliance certification fails.

Covered expatriate status

Covered expatriate status applies when a person who expatriates meets at least 1 of 3 IRS tests. For 2026, the 2-dollar thresholds are $2 million in net worth and more than $211,000 in average annual net income tax liability for the 5 tax years ending before expatriation.

The following 3 tests determine covered expatriate status:

1. Net worth test: worldwide net worth of $2 million or more on the expatriation date.
2. Tax liability test: average annual net income tax liability of more than $211,000 for a 2026 expatriation.
3. Compliance certification test: failure to certify 5 years of US federal tax compliance on Form 8854.

For a deeper calculation guide, see our US exit tax 2026: covered expatriate rules and calculations. Green card holders should also review the exit tax for green card holders.

Exit tax calculations

Exit tax calculations use the mark-to-market rule under IRC section 877A, which generally treats a covered expatriate as if certain worldwide assets were sold the day before expatriation. For 2026, the net gain exclusion is $910,000.

For a 2026 covered expatriate, only net unrealized gain above the $910,000 exclusion is potentially taxable under the default mark-to-market rule.

 

Based on our client scenario at TFX: a covered expatriate with $1.5 million of net unrealized gain in 2026 would subtract the $910,000 exclusion, leaving $590,000 of potentially taxable gain before applying the relevant tax rates and asset character rules.

For form timing and reporting details, see our guide to Form 8854: who must file and when, and review the IRS Form 8854 instructions.

Planning considerations if the bill advances

Dual citizens should not renounce citizenship because of S.3283 alone. A better first step is to model the 3 covered-expatriate tests and confirm whether any unresolved US tax compliance issues could make Form 8854 certification difficult.

The following 4 planning steps matter if the bill ever advances:

1. Confirm worldwide net worth. Include foreign real estate, retirement accounts, business interests, and jointly held assets.
2. Calculate the average annual net income tax liability. This is tax liability, not gross income.
3. Review 5 years of US tax compliance. Missing returns, FBARs, Form 8938, PFIC filings, or foreign corporation forms may affect certification.
4. Check foreign nationality law. Some countries restrict or delay renunciation, and some do not recognize renunciation in the same way the US does.

What should dual citizens do now?

As of 2026, dual citizens do not need to take legal action because the Exclusive Citizenship Act of 2025 is not law. The safest response is to monitor S.3283, keep US tax filings current, and avoid rushed citizenship decisions.

The following 8 steps help dual citizens stay prepared without overreacting:

1. Do not renounce citizenship because of a proposed bill. S.3283 has not passed either chamber of Congress.
2. Track the official bill status. Use Congress.gov instead of social media summaries.
3. Understand the current renunciation cost. As of April 13, 2026, the State Department CLN processing fee is $450.
4. Check covered-expatriate exposure. Review the $2 million net worth test, the $211,000 tax liability test for 2026, and the 5-year Form 8854 compliance test.

1. Review prior US tax filings. The US taxes citizens on worldwide income even when they live abroad.
2. Identify foreign renunciation rules. Some countries require court filings, government approval, or tax clearance before citizenship can be renounced.
3. Document citizenship status. Keep copies of US and foreign passports, naturalization documents, birth records, and foreign nationality certificates.
4. Get help before making an irreversible move. Some former citizens may qualify for IRS relief procedures for certain former citizens, but eligibility depends on strict thresholds, including a $2 million net worth limit and a $25,000 aggregate tax cap.

 

Conclusion

The Exclusive Citizenship Act of 2025 remains a proposed bill with no legislative momentum as of 2026. S.3283 has cleared none of the 5 required legislative steps. Dual citizenship is fully legal in the United States today.

Concerned about dual citizenship tax obligations? Taxes for Expats provides trusted expat tax services for dual citizens, helping Americans abroad use FEIE, FTC, and tax treaties to reduce US tax liability.

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