8 U.S.C. § 1406

Persons living in and born in the Virgin Islands

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(a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25,1927, are declared to be citizens of the United States as of February 25, 1927:(1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration have heretofore renounced or may hereafter renounce it by a declaration before a court of record;(2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country;(3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and(4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917.(b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth.(June 27, 1952, ch. 477, title III, ch. 1, § 306, 66 Stat. 237.)

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1929–2026 · leading case: Krim M. Ballentine v. United States, 486 F.3d 806 (3rd Cir. 2007).

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Krim M. Ballentine v. United States, 486 F.3d 806 (3rd Cir. 2007). “See 8 U.S.C. § 1406 (purporting to grant United States citizenship to persons born in the Virgin Islands).”

Murrell v. People, 54 V.I. 338 (2010). “Putting aside that all those born in the Virgin Islands after January 17,1917 are citizens of the United States, see 8 U.S.C. § 1406 , numerous examples exist of Congress conferring, through a territory’s organic act or constitution, rights that are greater than those afforded…”

Netsky v. Sewer, 205 F. Supp. 2d 443 (D.V.I. 2002). “he Estate of James Wellington George and the Newfound and Gulf Caribbean Corporation; (2) The Battistes' argument that their rights as "native indigenous landowners” have been violated by the Treaty of Cession, under which the Virgin Islands were transferred-to the sovereignty…”

Great Cruz Bay, Inc., St. John, Virgin Islands v. Reuben B. Wheatley, Comm'r of Fin., Gov't of the Virgin Islands, 495 F.2d 301 (3rd Cir. 1974). “We note, however, that under 8 U.S.C. § 1406 , in addition to those native Virgin Islanders who were declared by statute on February 25, 1927 to be citizens of the United States, all persons born in the Virgin Islands on or after that date are citizens of the United States at…”

In re Naturalization Proceedings of Allen, 1929 U.S. Dist. LEXIS 943 (D.V.I. 1929). “For later provisions on the subject of sections 1-4 of this Act, see 8 U.S.C. §§ 1406 , 1421. So in original.”

Gov't of Virgin Islands v. Bradshaw, 6 V.I. 386 (1968). “Her child was born within the jurisdiction of this court and, by virtue of her birth, the child is a citizen of the United States, 8 U.S.C.A. § 1406 (b), and entitled to remain permanently in the Virgin Islands.”

Dep't of Just. Views on the Constitution Adopted by the Constitutional Convention of the Virgin Islands (OLC 1980). · cites it 3× “Section 2(c) would in effect provide Virgin Islands’ citizenship to all those who are United States citizens pursuant to § 306(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1406 (a)(1). The subsection fails to recognize that Virgin Islands’ citizenship is conditioned…”

Ympoka v. United States Dep't of Interior (D.D.C. 2025). “Croix” in the Virgin Islands as his place of birth); 8 U.S.C. § 1406 (b) (“All persons born in the Virgin Islands of the United States .”

Ympoka v. United States Dep't of Interior (D.D.C. 2026). “Croix); 8 U.S.C. § 1406 (“[A]ll persons born in [the Virgin Islands] on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth.”

Ympoka (D.V.I. 2026). “Croix); 8 U.S.C. § 1406 (“[A]ll persons born in [the Virgin Islands] on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth.”

Dep't of Just. Views on the Proposed Constitution Drafted by the Fifth Constitutional Convention of the United States Virgin Islands (OLC 2010). “336 (now codified at 8 U.S.C. § 1406 (a)(4) (2006)); and (2) a “descendant[] of a person born in the Virgin Islands after June 28, 1932.”

Dep't of Just. Views on the Proposed Constitution Drafted by the Fifth Constitutional Convention of the U.S. Virgin Islands (OLC 2010). “336 (now codified at 8 U.S.C. § 1406 (a)(4) (2006)); and (2) a “descendant[] of a person born in the Virgin Islands after June 28, 1932.”

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