Replies

There is no precedent on point regarding a state (or even a territory) becoming independent in which virtually all residents were U.S. citizens. The closest thing to a precedent is the Philippines, where, back when it was a U.S. territory, most persons born there were nationals (but not citizens) of the U.S., which was also the status of most persons born in Puerto Rico prior to 1917 (when U.S. citizenship was granted) and of most persons born in American Samoa to this day (”nationals of the U.S.” have the right to move anywhere in the U.S. without registering as aliens but do not have rights of citizenship such as voting, etc.). When the Philippines was granted independence, Filipinos who stayed in the Philippines were deemed to have forfeited their U.S. nationality, but those who moved or had already moved to the U.S. retained their U.S. nationality.

So, if the nationality precedent is followed in a case involving citizenship, U.S. citizens who decide to stay in an independent Hawaii could well be deemed to have relinquished their U.S. citizenship voluntarily (as per Afroyim v. Rusk, stripping someone’s U.S. citizenship is something that can only be done if the person voluntarily relinquishes it, save for very few exceptions regarding naturalized citizens who lied in their application).

BTW, HI is #1 in my list of states that I would like to see secede, followed by VT.