Section 1 of the 14th Amendament to the U.S. Constitution reads:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Supreme Court agreed with Afroyim and the law changed, noting that no law could be enacted which had the effect of depriving an American of his or her citizenship without his or her expression of agreement or acceptance.
In other words, nowadays the only way to really lose your U.S. citizenship is by renouncing it. 

But wait there is a catch.  Isn’t there always a catch when it comes to government matters?
Renouncing ones U.S. citizenship can be expressed or implied as in “expression of agreement or acceptance” noted above.

Taking on another nationality can be an act where the U.S. government interprets an implied act of renouncing U.S. citizenship.  There are many other acts, like joining another country’s army, voting, running for some office — all of which can be construed as an implied act of renouncing one's U.S. citizenship.

There are also some caveats, of course.  One is a U.S. citizen is required to always enter the United States with his or her U.S. passport even if they have more than one because they have dual citizenship.

Another is that a U.S. citizen loses all rights to protection by the United States in the country of which they have accepted another nationality.  There are others but these two are among the most important.

This all said, how am I going to answer the question on the form DS-82?  Well I am going to put a line through the phrase, been naturalized as a citizen of a foreign state, and attach a statement indicating I became a Costa Rican naturalized citizen because I liked gallo pinto (rice and beans Costa Rican-style) and had no intention whatsoever of renouncing my U.S. citizenship in doing so.

In the past in these situations, the U.S. representative accepting a passport renewal application would have you fill out another form, but now days they just ask you the question if you intend to give up your U.S. citizenship.

Obviously, my answer is no.  If I lose my passport, I couldn’t take my family to the 4th of July party each year.

Garland M. Baker is a 35-year resident and naturalized citizen of Costa Rica who provides multidisciplinary professional services to the international community.  Reach him at info@crexpertise.com.  Baker has undertaken the research leading to these series of articles in conjunction with A.M. Costa Rica. Copyright 2005, use without permission prohibited.