Repealing Hawaiian Citizenship Acquired by Birthright—Jus Soli

Today, October 2, 2023, the Council of Regency announced by proclamation that the acquisition of Hawaiian citizenship by being native or natural born within the territory of the Hawaiian Kingdom—jus soli, also called citizenship by birthright, has been repealed. From the date of the proclamation, the only way to acquire Hawaiian citizenship is being born in the Hawaiian Islands or abroad—jus sanguinis where at least one of the parents is a Hawaiian subject, or through naturalization by application to the Minister of the Interior. Citizenship by naturalization will not be considered until the United States occupation has come to an end. International law prohibits the acquisition of citizenship of the occupied State by birthright during the occupation because the law of occupation protects the status quo ante of the occupied State.

The proclamation’s intent is to protect the status quo ante of the population as it existed prior to the United States invasion on January 16, 1893, and its subsequent occupation that occurred the following day that is now at 130 years. According to the 1890 Government census, American citizens residing in the Hawaiian Kingdom numbered a mere 1,928, which was less than 2% of the entire population at the time, but exploded to 918,639 in 2009. Other populations of foreigners were also allowed by the United States to unlawfully migrate to the Hawaiian Islands that contributed to the radical disruption of the status quo ante of the population in 1893. The law of occupation is supposed to maintain and protect the status quo ante of the Hawaiian Kingdom, its institutions, population, and its economy but the United States did not adhere to the law of occupation for 130 years, which led to the commission of war crimes.

There are currently over thirty countries that have restricted citizenship by birthright—jus soli. In the case of India, it was in response to unlawful migration from Bangladesh.

12 thoughts on “Repealing Hawaiian Citizenship Acquired by Birthright—Jus Soli

    • I do believe so. Seeing this proclamation with the Great Seal of the Kingdom gives me “chicken-skin.” Kū haʻaheo e kuʻu Lāhui Aloha!

    • Well, not exactly, it was always “official”.  The laws of citizenship during occupation that have been  protecting the status quo of occupied state (in this case The Hawaiian Kingdom) since the occupation occurred, is derived from Customary International Law & International Humanitarian Law, this proclamation appears to be The Hawaiian Kingdom officially aligning Hawaiian Kingdom law with that of International Law.  So it was always “official”, but now it’s “official” by Hawaiian Kingdom law in addition to by International Law.  But yes, technically nothing has changed in regards to citizenship, “parentage” remains the only means of acquiring Hawaiian Kingdom citizenry & that can’t and won’t change until the occupation ends. Although this proclamation IS further protection for The Hawaiian Kingdom and Hawaiians, because if for some reason the laws of occupation that protect the status quo of an occupied state in International Law were to be repealed, The Hawaiian Kingdom laws would still be in effect protecting the status quo of The Hawaiian Kingdom.  It’s like a double wall of protection now, thanks to this proclamation. Mahalo nui Dr. Sai & Council of Regency. 

      • It doesn’t sound like that to me. It would make sense that birthright citizenship or jus soli is repealed indefinitely and not until the occupation ends. If it’s to protect than it should be indefinitely. Naturalization will be considered after the occupation ends as stated above in this article. What changed was natural born citizenship as where anyone born in Hawaii would be hawaiian subjects like Sanford Dole. With this proclamation that is no longer the case you will need atleast one parent who is hawaiian. It is restricted as oppose to unrestricted.

        • One more thing I want to add. The process of Naturalization in this time should be very strict. We are talking full assimilation in hawaiian culture and language. I also think that being naturalized is quite impossible at the moment because we first need to naturalize hawaiian culture and normalize It. How can people become naturalized when hawaiian culture is not naturalized?

        • Aloha Kaulana,
          Just so theres no misunderstanding, are you saying you want birthright (otherwise known as “parentage”) to be the only form of citizenship even after the occupations ends and for it to be permanently written into law even after the occupation ends and indefinitely thereafter?  And additionally to that we could allow naturalization on a strict basis requiring first that the person fully assimilate into Hawaiian culture?

          The Council of Regency is an interim government, interim essentially meaning temporary until a full governmental infrastructure is once again created.  I’m assuming the Council of Regency is updating relevant laws that require immediate attention, but leaving decisions, such as how to handle citizenship after the occupation ends, for when the permanent government is formed after the occupation ends.  As of now, we have Hawaiian Kingdom laws, but they were written pre-illegal annexation and occupation, those laws will have to be looked over and our permanent government will have to decide how and what to update moving forward, obviously other governments have been updating their laws along the way for the last 130 years, but we weren’t afforded that right, thanks to the occupation, and so thats one of many things that will have to happen.  It could very well be that after everything that has happened, our government may decide to do as you suggested, or they may not, the point is it is our decision and we’ll once again have the right and freedom that has been deprived of us illegally, to make those decisions for ourselves.  

          As for any requirements that foreigners must assimilate into the Hawaiian culture as a prerequisite or requirement for naturalization, I’m not sure thats legal.  Assimilation into the Hawaiian Kingdom, as in nationality, would be fine, however forcing people to assimilate to another culture may not be legal… I’m not sure, I’m not a lawyer or expert, but I can’t think of any countries that have cultural requirements for citizenship… but anyone with more knowledge of other countries citizenship laws are welcome to correct me.  

          Another option, would be not allowing naturalization at all in the future, and only allowing foreigners to reside, work, live in the Hawaiian Kingdom on temporary or permanent residency visa’s and maybe showing preference for those visa’s to people whose families have been in Hawai’i for multiple generations, but dont meet “parentage” requirements for citizenship OR offer those visa’s for people who could contribute to the Kingdom, such as doctors, nurses, lawyers, etc. while here.

          Theres all kinds of options moving forward after the occupation ends, but again, the point is we would have our right and freedom to make those choices again (or rather our government will) rather than an illegal occupier and their citizens taking our rights away in order to make decisions for our country that benefits THEM.  

        • E kala mai, after rereading the blog and proclamation a couple of times, it would appear the Council of Regency has fully repealed the ability to gain citizenship through being born here, even after the occupation ends, only leaving “parentage” and naturalization open in the future… naturalization to only be considered after the US ends its illegal occupation of the Hawaiian Kingdom… at least thats my understanding.  Again the permanent government could change that when reformed, however I hope not

  1. This proclamation is a bit confusing. Wouldn’t it be redundant unless ”The only way of acquiring Hawaiian citizenship from the date of this proclamation shall be by parentage” implies there were other ways of acquiring Hawaiian citizenship from January 17, 1893 through October 1, 2023?

    Also, how did the author of this post arrive at the number 918,639 to represent the US citizen population in 2009? You have to take into consideration that a great number of people in Hawai‘i merely believe they’re American citizens. If we all acquire citizenship via parentage under the law of occupation, many folks would remain citizens of Japan, China, the Philippines, etc. The number of American citizens in Hawai‘i would be misrepresented in a census if certain groups are falsely led to believe they’re Americans.

  2.   Question:  Theres no mention of citizenship gained through marriage to a Hawaiian Subject in the proclamation.  Do we not have any Kingdom laws allowing for citizenship through marriage?  I know that even if such a law exists it would be paused during occupation, but what about after occupation the occupation ends?

  3. Protecting the interests of Hawaiian states rights in the absence of US recognition of occupation! It’s just weird how the occupied states acting government must repeal the common law of the land because the occupying state will not recognize the occupation so that they do not need to adhere to the laws thereof.

  4. Question I’m born in Hawaii. My 2 parents were born in Hawaii. My 4 grandparents were born in Hawaii and my 8 great grandparents were born in Hawaii. All of us were born in Hawaii during occupation. But ALL my great great grandparents were born in US, Japan, China, Portugal before occupation. Am I a Hawaiian citizen before this proclamation?

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