Hoda Muthana

[CJD]

(02-21-2019, 09:34 AM)SunsetBengal Wrote: When one leaves the country, and joins a group, such as ISIS, does that equate to renouncing one's citizenship?  Just asking, because I've always been under the same assumption as you;  If you were naturally born in the US, you're a citizen.

Here's why her citizenship is called into question:
 

Quote:At issue is whether she was “subject to the jurisdiction of the United States” at birth, a status that her father claims she holds and that the federal government, starting in 2016, has claimed she does not....
The 14th Amendment to the US Constitution provides birthright citizenship to everyone born on US soil and “subject to the jurisdiction of” the United States. While there’s an argument (somewhat on the fringe) that “jurisdiction” doesn’t apply to unauthorized immigrants living in the US, everyone agrees that it doesn’t apply to babies born to foreign diplomats.

https://www.vox.com/world/2019/2/22/18236309/hoda-muthana-isis-citizen-trump-pompeo

As her father was a diplomat from Yemen, the argument against her citizenship falls under that jurisdiction discussion, as diplomats are given immunity and thus are not under US jurisdiction.

Now, her father lost diplomatic immunity sometime around her birth, in the mid 90s. But no one seems to know whether she was born first or if he lost his immunity first. If the former, she is not a citizen. If the latter, she is a citizen.

Quote:The US government has told Ahmed Ali Muthana (according to his lawsuit) that its records show he held diplomatic status until February 6, 1995 — that is, until after Hoda’s birth — and therefore that Hoda was born while he was still a diplomat and thus is not a US citizen, but a Yemeni one.

Ahmed Ali Muthana, on the other hand, claims in a lawsuit that he surrendered his diplomatic identity card on June 2, 1994 — months before his daughter was born.

It's a complicated matter, but if it's the former, I would just say she has no right to come back to the US. It's hard to consider her a US citizen when her father was a diplomat at the time of her birth and I don't believe he or she has applied for US citizenship at any time (and if they have, it hasn't been reported to make that clear).

If It's the latter, bring her home and charge her for terrorism.