On Dec. 15, 2025, many Americans awoke to find themselves suddenly Canadian—myself included. Bill C-3 (An Act to Amend the Citizenship Act) extended Canadian citizenship by descent to multiple generations long removed from the land of maple syrup. Canada reached across the Rainbow Bridge to make dual citizens of millions of Americans.
For those whose careers depend upon eligibility to hold a security clearance, however, the news may not be welcome. Security clearance holders suddenly find themselves in a very different situation than the one attested to on their application. Many have been left wondering if they are now in danger of losing their security clearance altogether.
“Foreign Preference” and Dual Citizenship
Dual citizenship generally falls under Guideline C: Foreign Preference. The underlying concern is this: if the foreign country of preference came into conflict with U.S. interests, how likely are you to resolve that conflict in the U.S.’s favor?
Dual citizenship is not in and of itself a security concern (SEAD-4 ¶ 6). When evaluating the potential threat of any alleged foreign preference, adjudicators assess both sides of the equation: you and the foreign country. The key considerations are:
- Does the foreign country of citizenship pose a national security risk?
- Is the individual trustworthy and reliable?
Context is everything. If you are citizen to a country with an adversarial relationship to the United States, you face an uphill battle. But even if your foreign preference is for the friendliest country, you will still encounter challenges if you yourself prove untrustworthy and unreliable.
Here, we will examine both sides of the Foreign Preference equation: the country and the individual.
I. Canada as Security Risk
Adjudicators weigh the relative threat a country poses in objective, not personal, terms. Government reports are presented among Findings of Fact in adjudications. If Canada itself poses a low national security risk, then Canadian citizenship is less likely to pose a national security risk in the eyes of the U.S. Government.
Does Canadian Citizenship Pose a Particular Security Concern?
Even considering recent tensions, Canada is not considered a particular threat to national security. The U.S. and Canada are longtime allies. We have multiple agreements to proactively and systematically exchange information of national security interest. Our countries cooperate on everything from shared border security to tracking Santa Claus each Christmas. Between NORAD, the Five Eyes Intelligence Cooperative Alliance, NATO, and the Technical Cooperation Program (TTCP), Canada arguably occupies the top spot of least national security concern.
II. The Individual as Security Risk
There are cases in which preference for the U.S.’s closest ally would nonetheless trigger security concerns. Apart from the fact that conflicts can arise between friends, it hardly matters if Canada is trustworthy if the Canadian in question is not.
Posed another way: the concern is not so much what a form might say about your Canadian citizenship. Security’s concern is what your actions say about you as a person and your attitude toward U.S. security interests.
Even when potential Foreign Preference involves a close ally like Canada, the following considerations remain relevant:
How You Obtained Your Canadian Citizenship
There is a substantial difference between Canadian citizenship acquired through parentage versus Canadian citizenship acquired through intentional naturalization as an adult.
Note for C-3 Canadians: Those who newly qualified as Canadian citizens under Bill C-3 did not apply for Canadian citizenship. The change in criteria for determining citizenship by descent triggered an automatic change in your citizenship.
Reasons for Applying for Proof of Citizenship
Your reasons for either applying for citizenship or applying for recognition of citizenship matter to security. Some justifications reflect trustworthiness better than others. For example, applying for proof of citizenship because it connects you to your heritage is one matter. Applying because Canadian citizenship is your “backup plan” in case you decide to flee the United States does not speak well of you and your reliability—no matter the country in question.
The extent to which a positive relationship between countries can mitigate Foreign Preference concerns is limited in such cases. If you routinely express anti-American sentiment and declare your ambition to leave the U.S. behind in favor of Canada, our close relationship to Canada will not help you.
Note for C-3 Canadians: The process of applying for recognition of Canadian citizenship is entirely distinct from applying for Canadian citizenship. Applying for Canadian citizenship involves, among other things, taking the Oath of Citizenship: “…That I will be faithful and bear true allegiance to His Majesty King Charles the Third King of Canada His Heirs and Successors….” Claiming proof of citizenship obtained through descent comes with no such requirement, and the significance of this difference couldn’t be overstated.
Failure to Disclose or Report Foreign Citizenship
Guideline E: Personal Conduct concerns knowingly withholding information and/or presenting false or misleading information at any point during the security clearance application or investigation process. Security clearance holders must follow Reporting Requirements (SEAD-3) and notify Security of activities or changes in status that may impact their eligibility. Failure to report can itself be cause for security clearance revocation.
Canadian citizenship in and of itself is unlikely to be of security concern. Failing to report it or attempting to conceal it triggers security concern under Guideline C and Guideline E. Security clearance adjudication assesses your reliability, trustworthiness, and willingness to comply with rules and regulations. Guideline E: Personal Conduct most directly encapsulates this interest by demonstrating that you cannot be trusted.
For those of us who represent security clearance holders, it is a truism that a Guideline E violation can be the worst-case scenario. Guideline E concerns may stand alone on an SOR (Statement of Reasons) but often do not. Gambling debt may be a Guideline F: Financial Considerations violation. Lying to conceal gambling debt during the application process is a Guideline F violation, compounded by a Guideline E violation. Ironically, the Guideline E violation may be far harder to mitigate than the Guideline F violation.
Guideline E concerns knowingly presenting false information or attempting to conceal facts. You are unlikely to endanger your security clearance for failing to report something you did not know. If you should have known through due diligence, that may pose an issue in certain circumstances.
Note for C-3 Canadians: The only way to know for certain whether you are now a Canadian citizen is to formally apply for a Canadian certificate of citizenship through the Canadian government. This process can take many months. If you automatically became (or may have become) a Canadian citizen after Bill C-3 went into effect, you are unlikely to be penalized for misrepresenting your citizenship (or the citizenship of your spouse) on your application.
Protecting Your Security Clearance as a Canadian Dual Citizen
All security clearance holders should follow Reporting Requirements (SEAD-3), but for dual citizens it is critical to observe the following:
- Always use your U.S. passport to travel in and out of the U.S.
- Timely report any and all foreign travel, including to Canada
- Disclose any changes to your citizenship status, including application for proof of citizenship or passport
- Limit your exercise of foreign citizenship
A Final Note on Bill C-3 and Dual Canadian-U.S. Citizenship
It is unlikely to affect your security clearance eligibility if you automatically became a Canadian citizen without your knowledge and say-so. It is another story if you apply for proof of Canadian citizenship and fail to report it, or apply for a Canadian passport and attempt to hide it. Often, a lack of candor can be far more damning than any facts concealed.
Security clearance adjudication involves a holistic approach to your situation. Your own outcome in similar cases might hinge upon one material fact unique to you. If you are unsure about your specific situation and don’t feel comfortable asking your security officer, I strongly recommend consulting a private national security attorney. Unlike in personal injury cases where the attorney takes a part of your recovery, private sector national security attorneys charge by the hour for their services. But it’s a small price to pay to avoid having your security clearance suspended, denied, or revoked because you said the wrong thing or checked the wrong box on a form.
If you have additional questions about dual citizenship and how it impacts your security clearance, our Tully Rinckey team of attorneys is available to assist you today. Please call (888) 529-4543 or schedule a consultation online.
