Hoda Muthana

[Au165]

INA § 349 states that a citizen, whether a U.S. citizen by birth or naturalization, shall lose his nationality by voluntarily performing certain acts with the intention of relinquishing United States nationality. The fact of intention is critical; it is not the mere performance of the actions mentioned in § 349. Seven types of conduct are currently listed in the INA as expatriate. The potentially expatriating acts are: (1) applying for and obtaining naturalization in a foreign country, provided the person is at least 18 years old; (2) making an oath of allegiance to a foreign country, provided the person is at least 18 years old; (3) serving in the military of a foreign country as a commissioned or noncommissioned officer or when the foreign state is engaged in hostilities against the United States; (4) serving in a foreign government position that requires an oath of allegiance to or the nationality of that foreign country, provided the person is at least 18 years old; (5) making a formal renunciation of U.S. citizenship to a consular officer outside of the United States; (6) making a formal renunciation of citizenship while in the United States and during time that the United States is involved in a war; and (7) conviction for treason or attempting by force to overthrow the U.S. government, including conspiracy convictions.

I think a lot of this comes down to is ISIS a foreign country and did we actually declare war on them? I don't think either of those considerations are met which means she can't be expatriated, however she will be charged with providing material support to a terrorist group.