From Passport Seizure to Citizenship Revocation
Governments have significant authority in dealing with individuals suspected of terrorism or treason, often resorting to extreme measures such as seizing passports and revoking citizenship.
These actions can leave individuals stateless and vulnerable, paving the way for cooperating governments to carry out lethal operations without the burden of legal proceedings such as trials or the presumption of innocence.
From the government’s viewpoint, this strategy is very useful. You lose your passport and any diplomatic protections your country extends to its citizens. You must also apply for a visa to re-enter your own country.
UK’s Aggressive Application of Citizenship Revocation
The United Kingdom has been particularly assertive in employing citizenship revocation as a tool.
In just seven years, the UK has stripped citizenship from at least 42 individuals, including five who were born in Britain.
Two have already been killed in US drone strikes, and a third was secretly deported to the US.
Could Citizenship Revocation Happen in the US?
From the government’s standpoint, having the ability to revoke the citizenship of an “enemy of the state” is an immensely useful power.
A century ago, during World War I, the United States utilized this authority to strip German immigrants considered disloyal of their citizenship. But in a landmark 1958 decision, the Supreme Court ruled that citizenship deprivation cannot be used as a punishment.
For individuals born in the US, their citizenship cannot be revoked unless they voluntarily renounce it. Naturalized citizens can only lose their citizenship if they obtained it fraudulently or if they:
- Refuse to testify before Congress within 10 years of naturalization.
- Join a subversive organization within 5 years of naturalization.
- Are dishonorably discharged from the military, if military service was the basis for citizenship acquisition.
Yet, a proposed 2010 law aimed to revoke citizenship from individuals—including native-born Americans—engaging in or materially supporting hostilities against the United States. This legislative move aims to circumvent the controversial policy of assassinating US citizens, which has already been implemented. The Obama administration acknowledged the drone strike killings of at least four US citizens, including a 16-year-old boy.
Furthermore, under the Obama administration’s doctrine, hundreds of dual nationals traveling outside the US have had their US passports revoked, leaving them unable to return and potentially subject to assassination.
Citizenship Revocation: Legal and Societal Implications
It’s challenging for many to fathom engaging in “hostilities” against the US government. But consider the definition of “terrorism” under US law:
- Involve acts dangerous to human life that violate federal or state law.
- Appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion.
On the surface, these definitions definitely look like what most of us conceive of terrorism. But consider this scenario: You’re attending a political protest where the crowd becomes unruly, resulting in damage to a local bank and harm to a bank teller. In such cases, participants could be branded as terrorists.
Once classified as a terrorist by the government, individuals face severe consequences. Authorities can seize and forfeit all their assets, regardless of any connection to terrorism. They can also detain individuals indefinitely without charge and even resort to lethal force.
Broader Trends and Precautionary Measures
The global trend is clear. Governments are increasingly using passport revocation and the withdrawal of nationality as weapons against their political adversaries.
Given these realities, getting a second passport and nationality as a safeguard against potential state actions appears prudent.
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