Expatriation Act of 1907

Expatriation Act of 1907 

Section 3 provided for loss of citizenship by American women who married aliens.[1] The Act states that an American woman who marries an alien would lose her citizenship and take on her husband’s nationality. In actuality, whether or not she could do this was dependent on the laws of the country to which her husband belonged. If there was no similar law granting derivative citizenship to a married woman, she would then become stateless.[15][16]

As a result of her loss of citizenship, she forfeited her constitutional rights and could be subject to deportation and denial of reentry to the United States. Her opportunities for employment would be restricted — for example ineligible for any kind of government work and, in some states, for teaching in a public school. During WWI, any woman married to a German national was required to register as an “enemy alien,” and was subject to having property confiscated by the U.S. government through the Office of Alien Property Custodian.[17][18]

The act also gave conditions under which a woman could regain her American citizenship. While still married to an alien, under the terms of section 4 of this act, she could become a naturalized citizen only if her husband applied for, was accepted, and completed this naturalization. After the marriage was terminated, by annulment, divorce, or death, there were three ways for her to repatriate. If she had resided in the United States during her marriage, by remaining in this country, she would automatically regain citizenship. Those women who lived abroad during the marriage could return to the U.S. and establish residency, for automatic repatriation. If she chose to remain outside the country, she had to register as an American citizen at an American consul, within one year of the end of the marriage.[19][20]