Bills
| 3.23.22

Should Americans Who Join Terror Groups Have Their Citizenship Revoked? (S. 361)

Do you support or oppose this bill?

What is S. 361?

(Updated September 16, 2020)

This bill would amend the existing law that describes actions that are grounds for loss of a citizen’s status as a U.S. national to include joining, supporting, or pledging allegiance to a foreign terrorist organization.

Under current law the State Dept. can revoke the U.S. nationality of Americans who formally renounce their citizenship, become citizens of or pledge allegiance to foreign nations, engage in hostilities against the U.S., or are convicted of treason. This legislation would expand that list to include the following actions as grounds for the loss of U.S. citizenship:

  • Taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18;

  • Entering, or serving in, a foreign terrorist organization;

  • Becoming a member of, or providing training or material assistance to, a foreign terrorist organization;

  • Accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or political subdivision, or a foreign terrorist group if the person knowingly declares allegiance to that government or group.

The Secretary of State would be prohibited from issuing a passport to a person who is a member, or is attempting to become a member of a foreign terrorist group. If such a passport has already been issued, the Secretary would be required to revoke that passport.

A person who is denied a passport or has their passport revoked or restricted may request a due process hearing within 60 days of receiving notice of the non-issuance, revocation, or restriction.

Argument in favor

If a U.S. citizen knowingly joins or assists a foreign terrorist organization they should have their passport and status as a citizen revoked to prevent them from harming other Americans.

Argument opposed

Revoking a person’s U.S. citizenship for “providing material assistance” is problematic, as material assistance could be broadly interpreted and lead to violations of the person’s rights.

Impact

American citizens who have their citizenship or passport revoked because of their association with a foreign terrorist organization; the State Department and the Justice Department; and the Secretary of State.

Cost of S. 361

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Ted Cruz (R-TX) introduced this bill to counteract the threat of U.S. citizens who have assisted or joined terrorist groups launching attacks domestically or abroad:

“We know that Islamic radicalization is happening right here in the United States. Indeed, we’ve seen Americans like Anwar al-Awlaki, Faisal Shazad, and most recently, Abdul Malik Abdul Kareem, engage in hostilities against our country, and materially support terrorists who are waging war against us and our way of life. This is a threat that must be taken seriously. [This bill] will ensure that any American who forfeits their country to intentionally join ISIS will have their citizenship stripped and won’t be able to use a U.S. passport to come back and murder American citizens.”

Opponents of this legislation have called it “very dangerous” and an “unconstitutional deprivation of rights” on the grounds that it’d empower federal bureaucrats “to start sniping away at Americans’ rights of citizenship and travel.”


Of Note: The Supreme Court weighed in on the issue of expatriation in the 1980 case , holding unanimously that citizenship is protected under the Fourteenth Amendment and cannot be removed by Congress without a person’s consent. But a majority of the court also found in Vance v. Terrazas that Congress can establish a standard of preponderance of evidence that a citizen intended to give up their citizenship by undertaking actions.


Media:

Summary by Eric Revell
(Photo Credit: Noofa2401 / Creative Commons)