Interpretation 349.9 Expatriation based upon treason and subversive activity.

(a) Before Afroyim v. Rusk.

(b) Effect of Afroyim v. Rusk.

(a) Before Afroyim v. Rusk . (1) Statutory provisions and restrictions upon expatriation . Treason is defined by the Constitution 422/ as levying war against the United States, or adhering to their enemies, giving them aid and comfort and, as thus defined, may be committed with expatriative effect by a citizen residing within or without the territorial limits of the United States and its outlying possessions, 423/ if and when convicted thereof by a court martial or by a court of competent jurisdiction.

As originally drawn, current section 349(a)(9) reenacted section 401(h) of the Act of October 14, 1940, the first statute to provide for expatriation based upon treason. However, the amendatory legislation of September 3, 1954 (see p. 202.1, law book), broadened the present section to include certain violations encompassed by 18 U.S.C. 2383, 2384, 2385 and, in some instances, a conspiracy to commit such violations newly added to section 349(a)(9) by the 1954 enactment does not occur under that section, as a mended, unless such violation was committed on or after September 3, 1954, and there is a conviction thereof by a court martial or a court of competent jurisdiction.

The age of the offender has never been a statutory bar to expatriation under the above provisions. 424/

(b) Effect of Afroyim v. Rusk . The effect of the decision in Afroyim v. Rusk upon the validity of the expatriative provisions referred to in (a) above has not as yet been determined.