This study investigates a major shift in citizenship policy in the mid-nineteenth century: for the first time, the United States, England and several other countries explicitly recognized the right of expatriation, that is, the individual?s right to give up his citizenship and pledge allegiance to a new sovereign. Scholars tend to consider the state?s use of immigration and citizenship laws to govern entrance to the country and admission as citizens. This study argues that ?rules of exit? ? laws that regulated the right to leave a country and to renounce one?s native allegiance ? were just as important as immigration laws in deploying state strategies for managing populations, forging national identities, and building modern nation states. The expatriation crisis of the 19th century ushered in modern conceptions of citizenship which privileged the will of the individual in choosing to leave and swear allegiance to the sovereign of one?s choice. In explaining the factors which thrust expatriation onto the agenda of national and international policymakers, the study focuses on the role of transnational political actors, particularly Irish American nationalists and international law experts, who, despite their unofficial status, proved to be catalysts in securing domestic legislation and international treaties on expatriation. While the work is primarily historical in its method, the author also draws upon the rich social scientific literature on the mobilization of law, legal consciousness, and migration and sovereignty studies.
The research highlights the development of many modern concepts in immigration policy-making and the historical role of non-governmental organizations in developing these concepts. Many of the ideas unleashed by the expatriation crisis of the 1860s continue to inform and shape current controversies around immigration policy.
