Safe Havens

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).