The “Darker Side” to Dual Citizenship

A central thrust to Peter Schuck’s argument that it should be easier to deny citizens of judicial due process is that there are so many dual citizens. And dual citizenship, he says, has a darker side.

Dual citizenship has proliferated as easier travel and cosmopolitan mobility have fostered international relationships, which lead to more naturalizations and more marriages between people of different nationalities, who in turn can often transmit their different citizenships to their U.S.-born children. Government policies, both here and abroad, have also increased dual citizenship, mostly for good reasons. Traditionally, the State Department opposed dual citizenship out of concern about conflicted loyalties, military service requirements, diplomatic protection burdens and the like. Today the government no longer resists it, recognizing the legitimate causes of dual citizenship, the practical obstacles to preventing it and the fact that, in practice, it causes little harm.

But there remains a darker side to dual citizenship: Some citizens who spend most of their lives abroad now have only notional ties to the United States rather than a genuine communal or emotional connection. Al Qaeda will surely focus recruitment efforts on this group, even though only a few will turn on their country.

Which brings us to the case of Awlaki, a dual citizen of the United States and Yemen. The government claimed there was hard, actionable intelligence that he had plotted to kill Americans, and that he was our citizen in name only. He refused to return to the U.S. and could not be captured for interrogation and trial without putting troops on the ground and in danger (and perhaps not even then).

Does the Constitution really require that he receive the judicial process owed to a citizen who lives in our society and is charged with a serious crime? I think not.

I’m a dual citizen, having gotten Irish citizenship through my spouse. Does that mean I should forgo judicial process because I’m a suspect Irish terrorist? Was Peter King? Are Israeli-American dual citizens — a pretty common dual citizenship — suspect of being terrorists as well?

Of course, Schock doesn’t actually connect dual citizenship with increased likelihood that person will declare himself an enemy of the state (he even suggests that native-born Nidal Hasan was just dual-citizens Awlaki’s cat’s paw, all the evidence in the Webster report notwithstanding). He just uses it — and the prospect of all these dark scary people wandering around with US passports — to invoke fear before he proposes limiting due process to citizens.

Maybe his fear is what has led him, in the very same piece, to be so confused. He applauds our rigid treason laws, a stance utterly at odds with his suggestion suspect dual citizens should get different judicial due process.

The court has also held that the government may not take away one’s citizenship against one’s will, regardless of one’s actions, except for treason, which the Constitution properly makes hard to prove if, like Awlaki, you are not under a U.S. court’s jurisdiction.

How do you applaud the necessity of a court judgement, with rules about the standard of evidence, before someone gets labeled a traitor, and at the same time suggest that citizens (he really doesn’t limit it to dual citizens) should not have judicial process before they’re killed?

Apparently we now have Yale law professors so terrified by dual citizens he has decided American citizens — dual citizen or not — should have a lower standard of due process to be killed than to retain their citizenship.

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6 Responses to The “Darker Side” to Dual Citizenship

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Emptywheel Twitterverse
emptywheel @TimothyS Agree sit was arranged and propaganda, but did you see 2nd Q that got cut?
2mreplyretweetfavorite
emptywheel @BradMossEsq Or ask why when NSA caught illegally watchlisting 3000 USPs, they just moved it under 12333? @Ali_Gharib
3mreplyretweetfavorite
emptywheel @BradMossEsq Or ask how NSA can comply w/foreignness determination on 702upstream w/selectors that can't be foreign determined? @Ali_Gharib
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bmaz Hope was a good day in the 10th while I was out protecting the world from wrongful interjection of qualified immunity in municipal liability
4mreplyretweetfavorite
emptywheel @BradMossEsq Like when John Miller w/chance to ask why NSA destroyed 3000 files of raw USP in wrong place, spun Captains Chair? @Ali_Gharib
5mreplyretweetfavorite
bmaz RT @nancyleong: Other J. Lucero line of the day. "Why is gay people getting married a poison pill for heterosexual marriage?" #samesexmarri
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bmaz RT @nancyleong: Line of the day. Lucero asks OK govt atty about his brief. Says "I read ALL the words. I just didn't understand them." #sam
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emptywheel @BradMossEsq If the sign of corrupt govt is the softball questions, we're in trouble. @Ali_Gharib
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emptywheel @BradMossEsq Softballs happen in both places. All are not good. But it'd be nice to have some attention paid, as well, to OURS. @Ali_Gharib
45mreplyretweetfavorite
emptywheel @Ali_Gharib When I get invited to do a long profile of ADM Mike ROgers, hold me to account, please. @BradMossEsq
52mreplyretweetfavorite
emptywheel @BradMossEsq Right. The things that NSA's docs and sworn statements to courts are by def less accurate. @Ali_Gharib
56mreplyretweetfavorite
emptywheel @BradMossEsq So far all softballs in the US are actually hardballs, and only softballs under greater coercion are soft? @Ali_Gharib
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