If you Engage in "Hostilities Against the U.S." Should you Lose Your Citizenship? (H.R. 545)

What is H.R. 545?

(Updated June 17, 2021)

There is a list of things that U.S. citizens can do to lose their nationality. This bill would add to that list: engaging in or purposefully and materially supporting hostilities against the U.S. Hostilities would be defined as any "conflict that is subject to the laws of war." These changes would also come out of amendments to the Immigration and Nationality Act.

Currently, the list of actions that can lead to a person losing their status as a U.S. national include the following acts that  “with the intention of relinquishing United States nationality.”:

• Obtaining naturalization in a foreign state after the age of 18.

• Committing any act of treason against the U.S. like attempting to overthrow the government, or bearing arms against the U.S. This also includes engaging in a conspiracy to overthrow, put down, or destroy the government of the U.S. or otherwise levy war against it.
  

• Taking an oath, making an affirmation, or any other formal declaration of allegiance to a foreign state or its political subdivision after 18.

• Entering or serving in the armed forces of a foreign state if those armed forces are engaged in hostilities against the U.S. This includes serving as a commissioned or noncommissioned officer.

• Accepting or performing the duties of any office or form of employment under the government of a foreign state or its political subdivision.

• Making a formal renunciation of nationality before a U.S. diplomatic or consular officer in a foreign state in a format established by the Secretary of State by the Attorney General.

Argument in favor

Supporting or engaging in acts of war against the U.S. is an act of treason. And since the people who commit these acts against the U.S. don’t tend to hang around for trials — revoking their citizenship may be the best we can do.

Argument opposed

"Hostilities against the U.S." seems like a pretty flexible definition — taking away a person's citizenship should be more carefully considered. Especially a person is compelled to support or participate in the hostilities.

Impact

U.S. citizens who support or engage in hostilities against America, the Department of Homeland Security, the Secretary of State, and the Attorney General.

Cost of H.R. 545

A CBO cost estimate is unavailable.

Additional Info

In-Depth:

An identical version of this legislation was introduced into both the House and the Senate in October 2011, but both stalled before the end of the 112th Congress.

Of Note:

Since the founding of the U.S. very few people have been prosecuted for treason - less than 30 by one count, and even fewer convicted. This is due in large part to the high burden of proof associated with treason, which was a deliberate choice made by the Founding Fathers and Congress when they drafted the punishment.

The increase in numbers of terrorists who hold U.S. citizenship has raised questions about whether it would be better to prosecute them for treason, or revoke their citizenship. A sense of urgency has arisen as Americans who’ve joined ISIS or al Qaeda have attempted to return to the U.S. to carry out attacks.

Media:

Sponsoring Rep. Charlie Dent (R-PA) Press Release (Previous Bill Version)

American Thinker (Previous Bill Version)

Breitbart London (Previous Bill Version)

International Business Times (Previous Bill Version)

RT (Previous Bill Version)

New York Post (Previous Bill Version)