A small group of people may be “nationals” of the United States,[10] and therefore not subject to removal.  A national of the United States is a citizen or “a person who, though not a citizen of the United States, owes permanent allegiance to the United States.”[11]  Long residence in the United States, by itself, does not make a person a national of the United States, [12] but a person can become a national of the United States if s/he has been a lawful permanent resident for a long time and has applied for United States citizenship.[13]  A “national” is a broader term than “citizen” that includes not only citizens, but also persons born in “outlying possessions” of the United States.[14]  Here, the term “national” is used by contrast to “United States citizen.” to refer to those who fit within the broader term but are not citizens of the United States.

 

Two courts have held that a long-term lawful permanent resident who has filed an application for United States citizenship may be considered a “national” of the United States.[15]  However, the Board of Immigration Appeals, and other courts that have reached the issue, have rejected this definition, and limit “nationals” of the United States to persons who have naturalized, or who were born within a United States territory (such as American Samoa and Swains Island).[16]

[10] INA § 101(a)(22), 8 U.S.C. § 1101(a)(22) (defining “national” as “a person who, though not a citizen of the United States, owes permanent allegiance to the United States.”).

[11] INA § 101(a)(22), 8 U.S.C. § 1101(a)(22).

[12] United States v. Sotelo, 109 F.3d 1446, 1448 (9th Cir. 1997); Carreon-Hernandez v. Levi, 543 F.2d 637, 638 (8th Cir. 1976); Oliver v. INS, 517 F.2d 426 (2d Cir. 1975).

[13] See, e.g., Hughes v. Ashcroft, 255 F.3d 752 (9th Cir. 2001).

[14] INA § 308(1), 8 U.S.C. § 1408(1); see also INA § 101(a)(29), 8 U.S.C. § 1101(a)(29) (defining “outlying possessions,” such as American Samoa and Swain’s Island).

[15] United States v. Morin, 80 F.3d 124, 126 (4th Cir. 1996); Asemani v. Iran, 266 F.Supp.2d 24 (D.D.C. April 23, 2003).

[16] See Perdomo-Padilla v. Ashcroft, 333 F.3d 964 (9th Cir. June 23, 2003) (filing  application for naturalization does not change an applicant’s immigration status from that of a noncitizen to that of a national); Matter of Navas-Acosta, 23 I. & N. Dec. 586 (BIA 2003) (same).

Second Circuit

CITIZENSHIP - NATIONAL OF THE UNITED STATES
Fernandez v. Keisler, ___ F.3d ___, 2007 WL 3036814 (2d Cir. Sept. 26, 2007) (noncitizen did not qualify as a "national" of the United States as one who owes "permanent allegiance" to the United States and thus qualifies as a U.S. national under INA 101(a)(22)(B), 8 U.S.C. 1101(a)(22)(B) (West 2005)).

Fourth Circuit

CITIZENSHIP " UNITED STATES NATIONAL
Patel v. Napolitano, 706 F.3d 370, 2013 WL 285711 (4th Cir. Jan. 25, 2013) (affirming dismissal of action by federal inmate under 8 U.S.C. 1503(a) for a judgment declaring him a United States national, district court's dismissal, where plaintiff does not claim to be a United States national under the BIA's interpretation of 8 U.S.C. 1101(a)(22), that the statute does not confer nationality on aliens who claim only to owe permanent allegiance to the United States).

CITIZENSHIP - NATIONAL OF THE UNITED STATES
Puentes-Fernandez v. Keisler, __ F.3d __, 2007 WL 2782013 (4th Cir. Sept. 26, 2007) (deferring to BIAs definition of United States National). See Matter of Tuitasi, 15 I. & N. Dec. 102 (BIA 1974) ("acquisition of nationality for a noncitizen national is not governed by [8 U.S.C. 1101(a)(22) ]" but instead by 8 U.S.C. 1408, the provision describing categories of noncitizen nationals; "a noncitizen may become a U.S. national only by completing the naturalization process, by birth to U.S. national parents, or by birth in an outlying possession of the United States.").

Fifth Circuit

CITIZENSHIP " BIRTH IN PHILLIPINES DOES NOT CONFER CITIZENSHIP
Nolos v. Holder, It was 611 F.3d 279 (5th Cir. Jul. 9, 2010) (petitioners birth in Philippines, while a U.S. territory, does not grant citizenship).

Other

CRIMINAL DEFENSE - INVESTIGATION
J. Sands & C. Bales, American Indian Culture and Federal Crimes, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 523 (2d ed. 2007).

CITIZENSHIP - NATIONALS OF THE UNITED STATES
Persons born in Guam and the Northern Mariana Islands are United States Citizens. There are no more U.S. trust territories. The last one, the Trust Territory of the Pacific Islands (TTPI), evolved (some might say "devolved") into three "Freely Associated States" of the United States: the Republic of Belau (Palau), the Federated States of Micronesia (Yap, Chuuk/Truk, Pohnpei/Ponape, and Kosrae), and the Republic of the Marshall Islands (home to the Kwajelin missile range and Bikini Atoll) in the late 1970s or early 1980s. Inhabitants of American Samoa (of which Swain's Island is a part) are the only persons left who are born as U.S. noncitizen nationals. Thanks to David Link.