German Citizen based on Restitution
How German Law Recognizes the Victims of Nazi-Era Citizenship Stripping
Christine Stenner, Attorney (Germany) | Foreign Legal Consultant (PA) | April 21, 2025
Many families of German-Jewish descent have often spent years confirming their family history. They have uncovered family stories, studied immigration records, and reviewed archival documents that show a clear link to a German ancestor—someone who fled Germany during the rise of the Nazi regime.
In many cases, families find concrete documents that confirm their ancestor held German citizenship before they had to flee the country. These may include a German passport, identity card, registration record, or naturalization certificate. Unfortunately, a German birth certificate does not support the citizenship question, because German birth certificates don’t state the nationality of the parents or the child.
Helpful supporting documents may include:
- Old German passports or ID cards
- U.S. naturalization records
- Marriage or birth certificates from other countries
- School, employment, or other records from Germany
The Historical Context: Citizenship Stripped by Law
Between 1933 and 1945, Nazi Germany systematically weaponized citizenship law to persecute Jews and political opponents. This legal dismantling of rights began shortly after Hitler’s rise to power and unfolded in several stages.
In 1933, early laws targeted Jews in the civil service and public sector, such as the Law for the Restoration of the Professional Civil Service, which removed Jewish teachers, judges, and doctors from their positions.
In 1935, the Nuremberg Laws, particularly the Reich Citizenship Law (Reichsbürgergesetz), institutionalized racial exclusion. They created a two-tiered system:
- “Reich citizens”—those of “German or related blood”—retained full rights
- “State subjects,” primarily Jews, lost political rights and were systematically excluded from public life
Throughout the late 1930s, additional decrees stripped Jews of the right to vote, hold public office, practice professions, or run businesses. The “Aryanization” of Jewish property and assets became state policy.
The persecution culminated in 1941 with the Eleventh Decree to the Reich Citizenship Law, which decreed that Jews who had fled Germany automatically lost their German citizenship. This was not merely a bureaucratic measure—it was a calculated move to permanently erase their legal identity and seize their property.
These laws were part of a broader agenda of dehumanization and disenfranchisement, paving the way for genocide. Today, German law acknowledges these acts as state-sponsored injustice.
Reclaiming Citizenship: Article 116(2) GG
In response to these historical injustices, Article 116(2) of the German Basic Law (Grundgesetz) was enacted to allow descendants of those stripped of citizenship on racial, political, or religious grounds to reclaim German citizenship. This provision provides a pathway for restitution—a symbolic and practical gesture of justice.
By collecting the right documents and proving their lineage, many families can now take steps to reverse the denaturalization that occurred under Nazi rule and reclaim their German nationality. While the law grants a clear right, the application process depends on documentation, and each case often requires tailored support.
How Stenner Law Can Support You
At Stenner Law, we guide clients through the intricate legal and historical processes necessary to reclaim German citizenship under Article 116(2) GG.
If you believe your family may qualify under this provision, we encourage you to contact us for a consultation to evaluate your documents and discuss the legal pathway.
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