Define: Vance V. Terrazas

The Supreme Court ruled in Vance v. Terrazas that the US government is required to demonstrate intent to renounce US citizenship, rather than simply proving actions that could result in its loss. Additionally, the court stated that the government can presume voluntary action, but individuals have the opportunity to provide evidence that they did not intend to relinquish their citizenship. The court did not make a determination on whether Terrazas lost his citizenship, but instead remanded the case to a lower court for further consideration. Some judges expressed dissenting opinions regarding the decision.

In 1980, the United States Supreme Court made a ruling on the legal case of Vance v. Terrazas. The case centered around the concept of expatriation, which involves giving up one’s citizenship. The court determined that the U.S. government must demonstrate an individual’s intent to surrender their citizenship, rather than just the voluntary commission of an expatriating act. The standard of proof required to analyse an individual’s conduct is proof by a preponderance of the evidence.

For instance, Laurence Terrazas was born in the United States to a Mexican father and applied for a certificate of Mexican nationality while attending a Mexican University. As part of the application process, he signed a statement renouncing his U.S. citizenship. However, during a later interview with a U.S. consular officer, Terrazas gave conflicting answers about whether he intended to give up his U.S. citizenship when he applied for Mexican nationality. The State Department ultimately concluded that Terrazas had lost his U.S. citizenship.

Terrazas appealed, and the Supreme Court established that a U.S. citizen cannot be expatriated without their consent. The court also determined that the government can have a rebuttable presumption that the expatriating act was committed voluntarily, placing the burden of proof on the individual to prove otherwise, such as through duress. If the individual succeeds, there would be no expatriation. However, if they fail, the question remains whether the evidence the government has satisfies its burden of proof that the expatriating act was performed with the necessary intent to relinquish citizenship.

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This glossary post was last updated: 16th April 2024.