8 FAM 308.6

Non-Citizen U.S. Nationality in the Philippines After April 11, 1899 but before July 4, 1946

(CT:CITZ-35; 05-15-2020)
(Office of Origin: CA/PPT/S/A)

8 FAM 308.6-1 Introduction

(CT:CITZ-35; 05-15-2020)

The purpose of this subchapter is to provide detailed historical background and guidance about special provisions regarding non-citizen U.S. nationality law for the Philippines. This subchapter includes guidance regarding acquisition of U.S. noncitizen national status by birth in the Philippines after April 11, 1899 but before July 4, 1946.

8 FAM 308.6-2 Non-Citizen U.S. National Status of Certain Persons in the PHilippines

(CT:CITZ-35; 05-15-2020)

a. U.S. citizenship was never conferred on Filipinos as a group by special U.S. legislation.

b. Under article IX of the Treaty of Paris (which ended the Spanish-American War, and through which Spain ceded the Philippines to the United States), natives of Spain or the peninsula (the Iberian Peninsula and adjacent islands (the Department considers "natives of the Peninsula" to include natives of the Balearic and Canary Islands), then residing in the Philippines were permitted to retain Spanish citizenship by declaration of allegiance prior to October 11, 1900:

(1) If these individuals did not make such a declaration, they became non-citizen U.S. nationals as of April 11, 1899;

(2) The treaty provided that "Other Spanish subjects" (Filipinos), resident in the Philippines on April 11, 1899 became non-citizen U.S. nationals; and

(3) The time period within which such declaration could be made was extended for a period of 6 months from April 11, 1900 (31 Stat. 1881);

c. Children born in the Philippines after April 11, 1899, but before January 13, 1941, to persons with non-citizen U.S. national status, became non-citizen U.S. nationals at birth (32 Stat. 386).

NOTE: This conferring of non-citizen U.S. national status was accomplished in the second paragraph of article IX of the Treaty of Paris. "The civil rights and political status of the native inhabitants shall be determined by the Congress."

The passport law was modified in 1902 to address documentation of these non-citizen U.S. nationals to read "No passport shall be issued to any other persons than those owing allegiance, whether citizens or not, to the United States." (32 Stat. 386)

d. U.S. law regarding non-citizen U.S. national status for a person born in an outlying possession of the United States, including the Philippines, to a non-citizen U.S. national parent on or after January 13, 1941 but before July 4 1946 was specifically provided for in section 204 of the Nationality Act of 1940 (54 Stat. 1139), by a person born in an outlying possession of the United States, including the Philippines, to a U.S. noncitizen national parent on or after January 13, 1941 but before July 4 1946; and

e. Filipinos continued as non-citizen U.S. nationals until July 4, 1946 when, through Presidential Proclamation 2695, the United States recognized the Philippines as an independent nation. With such recognition, all Philippine citizens who had not acquired U.S. citizenship by birth abroad to a U.S. citizen parent(s) or by naturalization, lost their non-citizen U.S. nationality, whether residing in the Philippines or the United States.

f. The U.S. Congress, by legislation of 1902, 1912 and 1916, conferred Philippine citizenship upon persons who had become non-citizen U.S. nationals, and also authorized the Philippine legislature to extend Philippine citizenship to others. From March 26, 1920 to June 17, 1943, U.S. Congress enacted territorial legislation bestowing non-citizen U.S. national status upon all persons who acquired Philippine citizenship under thereunder.