Bancroft Treaties
Encyclopedia
The Bancroft treaties, also called the Bancroft conventions, were a series of agreements made in the late 19th and early 20th centuries between the United States
and other countries that 1) recognized the right of each party's nationals
to become naturalized
citizens
of the other; and 2) defined circumstances in which naturalized persons were legally presumed to have abandoned their new citizenship and resumed their old one.
(1800–1891), who negotiated the first of these agreements with Prussia
, then known officially as the North German Confederation
, the Bancroft treaties
were mainly intended to prevent individuals from using naturalization as a way to avoid military service and other legal obligations in their native countries.
From 1868 to 1937, the United States entered into 25 Bancroft treaties covering 34 foreign countries. A typical Bancroft treaty had three major provisions. The first specified the terms under which each party would recognize the naturalization of its citizens by the other. (Five years' uninterrupted residence in the adopted country was the usual requirement.) The second provided that naturalized citizens who returned to their native country could be prosecuted for crimes that they allegedly committed before they emigrated. The third and most important provided that naturalized citizens who returned to their country of origin and stayed there for two continuous years would be presumed to have resumed their former nationality. That would require them to meet any unfulfilled military service obligation in their native country and deny them the diplomatic protection
of their adopted one. Article III of the 1908 treaty with Portugal
was typical:
law eventually made the treaties obsolete.
In Schneider v. Rusk
, 377 U.S. 163 (1964), the Supreme Court
invalidated a section of the Immigration and Nationality Act of 1952 (the McCarran-Walter Act) that would strip naturalized Americans of their citizenship after three years' continuous residence in their country of origin; and in Afroyim v. Rusk
, 387 U.S. 253 (1967), the Supreme Court, reviewing part of the Nationality Act of 1940, held that Congress
has no power to strip anyone of their citizenship, whether it is acquired by birth or by naturalization. These decisions strongly implied that if a case of involuntary loss of citizenship under one of the Bancroft treaties came before the Supreme Court, the expatriation
provisions would be found unconstitutional.
, acting in consultation with the Senate Committee on Foreign Relations
, gave notice in 1980 terminating the treaties with 18 of the 21 countries with which they were still in force. The exceptions were the treaties with Albania, Bulgaria and Czechoslovakia. The treaty with Albania was terminated in 1991 when Albania and the United States re-established diplomatic relations at the end of the Cold War
. The treaty with the Czech Republic and the Slovak Republic as successor states to the former Czechoslovakia was terminated by the United States in 1997. only the treaty with Bulgaria was still in force.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and other countries that 1) recognized the right of each party's nationals
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
to become naturalized
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
citizens
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
of the other; and 2) defined circumstances in which naturalized persons were legally presumed to have abandoned their new citizenship and resumed their old one.
Origin
Named for historian and diplomat George BancroftGeorge Bancroft
George Bancroft was an American historian and statesman who was prominent in promoting secondary education both in his home state and at the national level. During his tenure as U.S. Secretary of the Navy, he established the United States Naval Academy at Annapolis in 1845...
(1800–1891), who negotiated the first of these agreements with Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
, then known officially as the North German Confederation
North German Confederation
The North German Confederation 1866–71, was a federation of 22 independent states of northern Germany. It was formed by a constitution accepted by the member states in 1867 and controlled military and foreign policy. It included the new Reichstag, a parliament elected by universal manhood...
, the Bancroft treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
were mainly intended to prevent individuals from using naturalization as a way to avoid military service and other legal obligations in their native countries.
From 1868 to 1937, the United States entered into 25 Bancroft treaties covering 34 foreign countries. A typical Bancroft treaty had three major provisions. The first specified the terms under which each party would recognize the naturalization of its citizens by the other. (Five years' uninterrupted residence in the adopted country was the usual requirement.) The second provided that naturalized citizens who returned to their native country could be prosecuted for crimes that they allegedly committed before they emigrated. The third and most important provided that naturalized citizens who returned to their country of origin and stayed there for two continuous years would be presumed to have resumed their former nationality. That would require them to meet any unfulfilled military service obligation in their native country and deny them the diplomatic protection
Diplomatic protection
In international law, diplomatic protection is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State...
of their adopted one. Article III of the 1908 treaty with Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
was typical:
Constitutional infirmity
Conceived in an era when the right of individuals to change their citizenship was not universally recognized, the Bancroft treaties represented an important step forward in securing recognition by foreign governments of the right of their nationals to become American citizens. But American constitutionalUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
law eventually made the treaties obsolete.
In Schneider v. Rusk
Schneider v. Rusk
Schneider v. Rusk, 377 U.S. 163 , was a United States Supreme Court case which invalidated a law that treated naturalized and native-born citizens differentially under the due process clause of the Fifth Amendment.-Background:...
, 377 U.S. 163 (1964), the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
invalidated a section of the Immigration and Nationality Act of 1952 (the McCarran-Walter Act) that would strip naturalized Americans of their citizenship after three years' continuous residence in their country of origin; and in Afroyim v. Rusk
Afroyim v. Rusk
Afroyim v. Rusk, 387 U.S. 253 , was a United States Supreme Court decision that set an important legal precedent that a person born or naturalized in the United States cannot be deprived of his or her citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of a man...
, 387 U.S. 253 (1967), the Supreme Court, reviewing part of the Nationality Act of 1940, held that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has no power to strip anyone of their citizenship, whether it is acquired by birth or by naturalization. These decisions strongly implied that if a case of involuntary loss of citizenship under one of the Bancroft treaties came before the Supreme Court, the expatriation
Expatriate
An expatriate is a person temporarily or permanently residing in a country and culture other than that of the person's upbringing...
provisions would be found unconstitutional.
Termination of most of the Bancroft treaties
Concluding that the Bancroft treaties were unenforceable, the administration of President Jimmy CarterJimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
, acting in consultation with the Senate Committee on Foreign Relations
United States Senate Committee on Foreign Relations
The United States Senate Committee on Foreign Relations is a standing committee of the United States Senate. It is charged with leading foreign-policy legislation and debate in the Senate. The Foreign Relations Committee is generally responsible for overseeing and funding foreign aid programs as...
, gave notice in 1980 terminating the treaties with 18 of the 21 countries with which they were still in force. The exceptions were the treaties with Albania, Bulgaria and Czechoslovakia. The treaty with Albania was terminated in 1991 when Albania and the United States re-established diplomatic relations at the end of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
. The treaty with the Czech Republic and the Slovak Republic as successor states to the former Czechoslovakia was terminated by the United States in 1997. only the treaty with Bulgaria was still in force.