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The Exclusive Citizenship Act: Why Ending Dual Citizenship Threatens U.S. Power

Senator Bernie Moreno’s Exclusive Citizenship Act would strip millions of Americans of citizenship, violate Supreme Court precedent, and directly sabotage President Trump’s Gold & Platinum Card investment strategy.

Oliver N.E. Kellman, Jr., J.D.By Oliver N.E. Kellman, Jr., J.D.
Dec 6, 20253 min read

THE EXCLUSIVE CITIZENSHIP ACT: A CONSTITUTIONAL DEAD END THAT BETRAYS TRUMP’S OWN VISION

U.S. Senator Bernie Moreno’s newly introduced bill to end dual citizenship in America represents far more than a policy disagreement. It is a constitutional catastrophe waiting to happen, a strategic blunder that undermines the Trump administration’s own Gold Card and Platinum Card initiatives, and a profound misreading of American power in an age of global capital and borderless talent markets.

THE CONSTITUTIONAL ABYSS

At the foundation of American constitutional law sits a bedrock principle, one affirmed by the Supreme Court in the landmark 1967 case Afroyim v. Rusk: the Fourteenth Amendment forbids Congress from stripping citizens of their nationality without clear, knowing, voluntary action on the citizen’s part. No bureaucratic trick, no administrative hoop, no failure to file the right form at the right federal office can accomplish what the Constitution reserves to the individual alone: the voluntary surrender of citizenship.

MILLIONS OF AMERICANS IN THE CROSSHAIRS

Current estimates suggest that somewhere between six and nine million Americans hold dual citizenship, though the State Department does not maintain official statistics. These are not fifth columnists or agents of foreign powers. They are veterans of the armed forces, Silicon Valley entrepreneurs, Wall Street financiers, doctors, teachers, and small business owners. Many hold dual citizenship not through any conscious choice but through the accident of birth or inheritance—born to American mothers in foreign lands or naturalized citizens who never affirmatively abandoned their birth nations.

THE GOLD CARD CONTRADICTION

This is where the bill’s strategic incoherence becomes truly glaring. President Trump’s September 2025 executive order establishing the Gold Card visa program is built on an entirely different theory of what attracts and mobilizes global capital. The Gold Card requires a significant financial contribution to the United States, making citizenship accessible to ultra-high-net-worth individuals willing to fund American enterprise and infrastructure. The Gold Card is unapologetically transactional: money for access, investment for residency rights.

THE HISTORICAL PRECEDENT

The United States has always benefited from what might be called hyphenated Americans: Italian-Americans, Irish-Americans, Jewish-Americans, Cuban-Americans, and Vietnamese-Americans. These communities maintained ties to their ancestral homelands while building lives and fortunes here. They served as bridges between cultures, as conduits of trade and investment, as cultural interpreters in a world of increasing diversity.

A GIFT TO COMPETITORS

In geopolitical terms, the Exclusive Citizenship Act reads like a strategic present to the competitors seeking to displace American dominance. China, Singapore, the United Arab Emirates, and other rising powers are explicitly designing their visa and residency programs to accommodate layered identities and multi-jurisdictional lives. They are marketing themselves to global nomads, to digital entrepreneurs, to investors who want to keep multiple options open.

THE MAGA IRONY

Perhaps the deepest irony is political. U.S. Senator Moreno himself is the kind of immigrant success story that modern Republican conservatism celebrates. Born in Colombia, naturalized as an American citizen at 18, he has risen to the U.S. Senate and national prominence. His life embodies the promise that America remains open to talent and ambition from anywhere in the world.

THE PATH FORWARD

The Exclusive Citizenship Act will not become law. It will face insurmountable constitutional obstacles, as the Supreme Court has already decided the question it seeks to reopen. It will generate political backlash within the Trump administration, particularly from the Commerce Secretary and other architects of the Gold Card initiative. It will alienate donor communities and entrepreneurial constituencies whose engagement the Trump movement depends on.

Oliver N.E. Kellman, Jr., J.D.Oliver N.E. Kellman, Jr., J.D.Managing Partner & Executive Managing Director
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