TERRORIST EXPATRIATION ACT: REFORMULATING THE EFFORT TO FIGHT CITIZEN-TERRORISTS

Matthew Vesterdahl, Thomas Jefferson School of Law

Abstract

The United States government has the standing authority to take away a United States citizens’ citizenship for committing certain expatriating acts, codified in the Immigration and Nationality Act of 1952. The Terrorist Expatriation Act (TEA) is a piece of legislation that proposes adding the joining of a terrorist organization, or engaging in or supporting hostilities against the United States, as an expatriating act. However, this legislation echoes a previous attempt, Section 501 of the so-called Patriot Act II, a never actually proposed draft of legislation that would have added similar language to the Immigration and Nationality Act and its list of expatriating acts. Concerns about the constitutionality and implementation of this previous attempt are not necessarily allayed by TEA, and therefore, it should be changed to have any chance of becoming law and withstanding any constitutionality challenge. This Note proposes changes that would allow TEA to become a viable option for the federal government in its fight to combat terrorism, yet better protect the civil liberties of all citizens.