Difference Between Being a US Citizen and a US National

Overview of US Citizenship vs. US Nationality

Despite significant overlap, the distinction between a U.S. citizen and a U.S. national is crucial to understanding the rights and obligations of individuals within the U.S. jurisdiction. While all U.S. citizens are also U.S. nationals, the reverse is not always true. This article delves into the distinctions, particularly focusing on individuals born in American Samoa and those born through non-citizen national parents.

Historical Context and Statutory Definitions

The Immigration and Nationality Act of 1952 made a historic distinction between citizens and nationals. Under this act, citizens are inherently nationals, but nationals are not necessarily citizens. This categorization is particularly evident in the case of individuals born in American Samoa.

According to the 14th Amendment of the U.S. Constitution, all people born on U.S. soil are considered American citizens. However, an appellate case in 2015 highlighted the ambiguity surrounding this language as it applies to American Samoa. This led to the identification of a small class of individuals, around 50,000 people, who are born in U.S. possessions and are non-citizen nationals.

Characteristics and Rights of a US Citizen

Definition: A U.S. citizen is a person who has obtained citizenship through birth in the U.S., naturalization, or through U.S. citizen parents.

Rights: Citizens have full rights, including the right to vote in federal, state, and local elections, the ability to run for public office, and access to protection and services from the U.S. government.

Responsibilities: Citizens are required to obey U.S. laws, pay taxes, and may be called to serve on juries.

Characteristics and Rights of a US National

Definition: A U.S. national is a person who owes allegiance to the United States but is not necessarily a citizen. This includes individuals born in American Samoa and Swains Island.

Rights: U.S. nationals have some rights similar to citizens, such as the right to live and work in the U.S. However, they do not have the right to vote in federal elections and cannot run for federal office.

Responsibilities: Nationals must also obey U.S. laws and may be subject to taxes but do not have the same level of civic responsibility as citizens.

Key Differences and Implications

The primary difference between being a U.S. citizen and a U.S. national lies in the rights and responsibilities associated with citizenship. Specifically, the right to vote and participate fully in the democratic process is a privilege exclusive to U.S. citizens. U.S. nationals are almost but not quite the same as citizens, with some limitations in certain areas.

It is worth noting that the terms "U.S. citizen" and "U.S. national" are often interchangeable in casual conversation, but for official documentation, the term "U.S. citizen" is required. For clarity, individuals born in American Samoa or to non-citizen nationals can apply to become citizens but must move away from American Samoa to do so.

Conclusion

In summary, while all U.S. citizens are U.S. nationals, not all U.S. nationals are U.S. citizens. The distinction is significant, with U.S. citizens enjoying a broader range of rights and responsibilities than U.S. nationals. Understanding this distinction is essential for legal and civic purposes, particularly for those wishing to attain full citizenship.