Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

New Bill Would Allow Government To Strip Citizenship Without Conviction
addictinginfo.org ^ | January 6, 2012 | Stephen D. Foster Jr.

Posted on 01/13/2012 3:55:51 PM PST by grundle

Full title: New Bill Known As Enemy Expatriation Act Would Allow Government To Strip Citizenship Without Conviction

First, Congress considered the National Defense Authorization Act, sections of which gave the President the authority to use the military to arrest and indefinitely detain Americans without trial or charge. The language was revised because of strong condemnation from the American people. But now a new bill has emerged that poses yet another threat to the American citizenry.

Congress is considering HR 3166 and S. 1698 also known as the Enemy Expatriation Act, sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA). This bill would give the US government the power to strip Americans of their citizenship without being convicted of being “hostile” against the United States. In other words, you can be stripped of your nationality for “engaging in, or purposefully and materially supporting, hostilities against the United States.” Legally, the term “hostilities” means any conflict subject to the laws of war but considering the fact that the War on Terror is a little ambiguous and encompassing, any action could be labeled as supporting terrorism. Since the Occupy movement began, conservatives have been trying to paint the protesters as terrorists.

The new law would change a part of US Code 1481 which can be read in full here. Compare 3166 to 1481 and the change is small. The new section makes no reference to being convicted as it does in section (7). So even though the language of the NDAA has been revised to exclude American citizens, the US government merely has to strip Americans of their citizenship and the NDAA will apply. And they will be able to do so without convicting the accused in a court of law.

I hope I’m wrong, but it sounds to me like this is a loophole for indefinitely detaining Americans. Once again, you just have to be accused of supporting hostilities which could be defined any way the government sees fit. Then the government can strip your citizenship and apply the indefinite detention section of the NDAA without the benefit of a trial. This certainly must be questioned by American citizens. The way these defense obsessed Republicans think, our rights are always in danger of being taken away.

To read the full text of the bill, go here.


TOPICS: Miscellaneous
KEYWORDS: 666; misc
Navigation: use the links below to view more comments.
first 1-5051-57 next last

1 posted on 01/13/2012 3:55:54 PM PST by grundle
[ Post Reply | Private Reply | View Replies]

To: grundle

Of course this will only be applied to natural born white christians repubicans.


2 posted on 01/13/2012 3:58:11 PM PST by mamelukesabre
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

Some on Obama’s side see the Tea Party movement as a bunch of terrorists...


3 posted on 01/13/2012 3:59:56 PM PST by af_vet_rr
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

War on Americans.


4 posted on 01/13/2012 4:00:30 PM PST by VicVega (GEAUX SAINTS-LSU bleaux it in the BCS Championship game.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: af_vet_rr

Are you kidding me? Some on the republican side do too!


5 posted on 01/13/2012 4:00:41 PM PST by mamelukesabre
[ Post Reply | Private Reply | To 3 | View Replies]

To: mamelukesabre

Exactly. All the doomsayers are omitting this will be applied to IMMIGRANTS who are caught providing support for terrorism.


6 posted on 01/13/2012 4:02:03 PM PST by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: grundle

Apply the law to Obozo. He certainly is an enemy combatant against the U.S.


7 posted on 01/13/2012 4:02:52 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

O’Dumbo...”Strip Citizenship Without Conviction”? Start with Soros and I’ll become a believer!


8 posted on 01/13/2012 4:05:27 PM PST by WellyP (REAL)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

At LAST! FREE everything! Virtual immunity from laws! The right that others cater to you! Almost total support in everything from both Parties! Total support from major portions of the economy — everything you ever dreamed of! What a deal!


9 posted on 01/13/2012 4:06:31 PM PST by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle
sponsored by Joe Lieberman (I-CT) and Charles Dent (R-PA)

Sponsored by Traitors.
10 posted on 01/13/2012 4:06:39 PM PST by microgood
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

John Adams wanted the “Alien” and “Sedition” acts...equally unconstitutional. When you ignore the constitution you end up...right here.


11 posted on 01/13/2012 4:06:41 PM PST by gorush (History repeats itself because human nature is static)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

The last sentence above, what puke wrote this and who is writing the bill from what party????


12 posted on 01/13/2012 4:07:56 PM PST by org.whodat (What is the difference in Newt's, Perry's and Willard's positions on Amnesty.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

Obviously, this bill needs to go nowhere.

Email, call, fax your Rep and let them know this is BS!


13 posted on 01/13/2012 4:08:16 PM PST by upchuck (Let's have the Revolution NOW before we get dumbed down to the point that we can't.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mamelukesabre

so I came here and got my citizenship, work hard for that dream but if I speak out I could lose everything I have worked for , MMMMMMMMMMMMMM

Lets see white, well Italian skin, wear a cross, English speaking and from a white country and I’m conservative socially and fiscally.
I speak out and raise my kids to love America, pray before a fight or test, speak out

Looks like I could be in the target


14 posted on 01/13/2012 4:08:16 PM PST by manc (Marriage is between one man and one woman.Trolls get a life, I HATE OUR BIASED LIBERAL MEDIA.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: grundle
HR 3166 IH

112th CONGRESS

1st Session

H. R. 3166

To add engaging in or supporting hostilities against the United States to the list of acts for which United States nationals would lose their nationality.

IN THE HOUSE OF REPRESENTATIVES

October 12, 2011

Mr. DENT (for himself and Mr. ALTMIRE) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To add engaging in or supporting hostilities against the United States to the list of acts for which United States nationals would lose their nationality.

SECTION 1. SHORT TITLE.

SEC. 2. LOSS OF NATIONALITY.




15 posted on 01/13/2012 4:11:20 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle
Since the Occupy movement began, conservatives have been trying to paint the protesters as terrorists.

That's BS. We take them for what they are, useful idiots in Berry's class warfare election campaign.

16 posted on 01/13/2012 4:11:45 PM PST by Track9 (There IS revolution brewing..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle
Well, I have looked into expatriating and the largest obstacle is the IRS.

If I could get stripped of my citizenship after leaving for elsewhere and get the IRS off my back, I would take that deal in a heartbeat.

17 posted on 01/13/2012 4:11:58 PM PST by elkfersupper ( Member of the Original Defiant Class)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Blood of Tyrants
And you know this how?
18 posted on 01/13/2012 4:14:50 PM PST by starlifter (Pullum sapit)
[ Post Reply | Private Reply | To 6 | View Replies]

To: VicVega

WHAT THE HELL IS GOING ON?!?! This is LUNACY, and everyone’s just sitting back wondering what Steven Tyler’s going to say on American Idol next week.


19 posted on 01/13/2012 4:15:56 PM PST by rarestia (It's time to water the Tree of Liberty.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: mamelukesabre

“Of course this will only be applied to natural born white christians repubicans.”

LOL. Well those stripped of citizenship can ALWAYS come to Texas. After all, we coddle Illegals here.


20 posted on 01/13/2012 4:16:04 PM PST by BobL ("Heartless" and "Inhumane" FReepers for Cain - we've HAD ENOUGH)
[ Post Reply | Private Reply | To 2 | View Replies]

To: grundle

If we can’t convict them, we’ll just strip them of citizenship. Unbelievable. This will be applied to anyone that will speak out against our rulers.


21 posted on 01/13/2012 4:18:52 PM PST by paul51 (11 September 2001 - Never forget)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle
and America takes another one in the........


22 posted on 01/13/2012 4:19:19 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

Agree. We have no leadership in the house and senate. As I’ve written before, China is laughing at us.


23 posted on 01/13/2012 4:20:36 PM PST by VicVega (GEAUX SAINTS-LSU bleaux it in the BCS Championship game.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: grundle

Thanks for the post.

Very Very bad bill.


24 posted on 01/13/2012 4:21:03 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

Agree completely - this is utter bs. Scary times we live in...


25 posted on 01/13/2012 4:21:33 PM PST by khnyny (Our government has become Hal in "2001 A Space Odyssey")
[ Post Reply | Private Reply | To 13 | View Replies]

To: grundle

What will happen to you if you were born in the USA? Will you become a non-person or classified as sub-human?


26 posted on 01/13/2012 4:26:59 PM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elkfersupper

Where would you go?


27 posted on 01/13/2012 4:27:26 PM PST by Theoria
[ Post Reply | Private Reply | To 17 | View Replies]

To: starlifter

Because you cannot strip citizenship from a citizen born here.


28 posted on 01/13/2012 4:32:37 PM PST by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: mamelukesabre
Of course this will only be applied to natural born white christians repubicans.

You are correct sir. Others, will get a free pass.

29 posted on 01/13/2012 4:36:01 PM PST by Mark17 (California, where English is a foreign language)
[ Post Reply | Private Reply | To 2 | View Replies]

To: elkfersupper
If I could get stripped of my citizenship after leaving for elsewhere and get the IRS off my back, I would take that deal in a heartbeat.

Chances are they've thought of that angle. Hell, about half the country would clamor to be expiated if that were the case. No, they probably are going to work it the same way they did in the Roman Empire (since that seems to be this county's trajectory toward the death of the Republic). They'll declare you an enemy of the state, strip you of your wealth, and then kill you. Fast, simple, and cheap. I think we may have figured how Zero is going to cover the deficit.

30 posted on 01/13/2012 4:40:40 PM PST by 6SJ7 (Meh.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: grundle
§ 1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality

"Intention" makes it all useless-for either good or ill- IMO.

31 posted on 01/13/2012 4:41:40 PM PST by mrsmith (It's 2012 now. Have you found a Tea Party nominee for your House seat yet?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

What kind of bs is this? We need to strip this Congress and government of their citizenships and throw the bums in a permanent jail cell.


32 posted on 01/13/2012 4:49:11 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

No congress, president, man or woman has the authority or right to take away the citizenship of a naturally born American citizen. That is plain wrong. No other wrong greater in this country. This cannot be allowed to pass.


33 posted on 01/13/2012 4:56:41 PM PST by RetiredArmy (The End of Days draws near. In this time, you should be drawing closer to the Lord Jesus Christ.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mamelukesabre

It started with the Excise Tax for Indoor Tanning. Guess who goes to indoor tanning salons.


34 posted on 01/13/2012 5:28:07 PM PST by Orange1998
[ Post Reply | Private Reply | To 2 | View Replies]

To: Blood of Tyrants

Well, who can argue with logic like that? LOL


35 posted on 01/13/2012 5:36:36 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: grundle

This is how Obama gets the European natural born Americans out of the country.


36 posted on 01/13/2012 5:38:28 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

Relax. This only applies to naturalized citizens caught performing acts of violence agaisnt the US. It DOES NOT apply to natural born citizens.


37 posted on 01/13/2012 6:51:21 PM PST by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Here is the text of the bill, H.R. 3166:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Enemy Expatriation Act’.

SEC. 2. LOSS OF NATIONALITY.

(a) In General- Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481) is amended—
(1) in subsection (a)—
(A) in each of paragraphs (1) through (6), by striking `or’ at the end;
(B) in paragraph (7), by striking the period at the end and inserting `; or’; and
(C) by adding at the end the following:
`(8) engaging in, or purposefully and materially supporting, hostilities against the United States.’; and
(2) by adding at the end the following:
`(c) For purposes of this section, the term `hostilities’ means any conflict subject to the laws of war.’.
(b) Technical Amendment- Section 351(a) of the Immigration and Nationality Act (8 U.S.C. 1483(a)) is amended by striking `(6) and (7)’ and inserting `(6), (7), and (8)’.


38 posted on 01/13/2012 6:57:42 PM PST by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: elkfersupper
If I could get stripped of my citizenship after leaving for elsewhere and get the IRS off my back, I would take that deal in a heartbeat.

I know of many US citizens in a certain Southeast Asian country we used to occupy who say the IRS can't touch them there.

Personally, If I were stripped of US citizenship, I'd claim to be Kenyan. It seems they are missing one of their "citizens".

39 posted on 01/13/2012 7:02:52 PM PST by Sarajevo (Any connection between your reality and mine is purely coincidental)
[ Post Reply | Private Reply | To 17 | View Replies]

To: grundle

Yanking their citizenship is a great idea.

We should stop importing terrorist-supporting immigrants.


40 posted on 01/13/2012 9:19:16 PM PST by UnwashedPeasant (Don't nuke me, bro)
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

Can we start with the bamster, Pilosi, Reid and Soros?


41 posted on 01/13/2012 10:48:46 PM PST by Anti-Christ is Hillary
[ Post Reply | Private Reply | To 1 | View Replies]

To: grundle

Revelation 13:7
New International Version (NIV)

7 It was given power to wage war against God’s holy people and to conquer them.


42 posted on 01/14/2012 4:12:40 AM PST by Kevmo (When a thing is owned by everybody nobody gives value to it. Communism taught us this. ~A. Rossi)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria
Where would you go?

Costa Rica is looking pretty good. I have some friends who are already there.

New Zealand is also looking pretty good, but they may be just a tad too socialist and it is a little difficult to get residency.

43 posted on 01/14/2012 9:05:23 AM PST by elkfersupper ( Member of the Original Defiant Class)
[ Post Reply | Private Reply | To 27 | View Replies]

To: CodeToad; RetiredArmy; mrsmith

The thing is, the process of revoking US citizenship is a very long and difficult one where the State Department has to prove that the Citizen intended to revoke his citizenship, since they are bound by SCOTUS rulings that state it is unconstitutional to take your citizenship against your will. And citizens have the right to due process in various forms including contesting the revoking of citizenship in a Court of Law where it would have to be proven that intent to revoke citizenship was made. Congress had wars with the USSC over removing citizenships when they tried to do it,I think during and after WWII. That resulted in a compromise which has made it very hard to take citizenships; a US citizen losing citizenship is extremely rare. While I do not agree with having a series of broad, vague anti terror laws passed in succession and have concerns of my own, I have not seen any shred of evidence that the EEA tampers with due process in anyway in removing citizenships. . It only adds an eight condition to the existing 7, and of those 7, only the 7th specifically states “if and when convicted” but the other 6 still have plenty of due process if you’re accused. And again, I see zero proof that there wouldnt be due process with the 8th one. Of course, I would love to see the term hostilities as applied to the laws of war clearly defined. Hostilities has never before referred to people protesting, but ensuring it never does would of course be very nice.


44 posted on 01/18/2012 6:00:19 PM PST by emax
[ Post Reply | Private Reply | To 38 | View Replies]

To: emax

The law is about naturalized citizens and not natural born citizens. Only those granted a citizenship are affected.


45 posted on 01/18/2012 6:18:33 PM PST by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: grundle

http://www.law.cornell.edu/uscode/8/1481.html

Note that only the 7th section specifically states “if and when he is convicted”. Hence, many people think that if this law was interpreted by itself, and could exist by itself, the govt could in theory accuse political opponents and others of any of the actions 1-6 and take citizenships at will since it could easily be argued that a conviction is not required for those sections. But that hasnt happened, and there are numerous reasons, including the requirement of proof that an American intended to give up citizenship. Hence the key words “intention of relinquishing United States nationality”


46 posted on 01/18/2012 6:19:17 PM PST by emax
[ Post Reply | Private Reply | To 1 | View Replies]

To: CodeToad

Thanks for pointing that out. I was also pointing out an argument that goes along with what you were saying and pointing out how, for even those whom the law does apply to, it does not eliminate due process. So I do agree with you that this law should not necessarily be seen as a sort of move towards Nazi Germany or Maoist China. The law would allow someone to lose citizenship under sections 1-6 or 8-but ONLY if they actively decided not to invoke their due process.


47 posted on 01/18/2012 6:25:29 PM PST by emax
[ Post Reply | Private Reply | To 45 | View Replies]

To: emax; CodeToad

It applies to native-born and naturalized citizens.
I quote from the amended act, Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), above.

Someone who commits a listed act can have their citizenship revoked by “a preponderance of the evidence” that they performed the act with the intent to revoke their citizenship.
A difficult standard of proof in this case, but lower than the “beyond a reasonable doubt” standard of criminal cases.


48 posted on 01/18/2012 6:41:49 PM PST by mrsmith (What Tea Party nominee have you found for your House seat?)
[ Post Reply | Private Reply | To 44 | View Replies]

To: mamelukesabre

There is little to no difference between the parties on this treason.


49 posted on 01/18/2012 6:44:34 PM PST by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
[ Post Reply | Private Reply | To 5 | View Replies]

To: emax

I also note, this is basically the same thing as the Terrorist Expatriation Act introduced by Lieberman in 2010:

http://lieberman.senate.gov/assets/pdf/TEA_summary.pdf

which means the TEA and EEA clearly werent designed specifically to cioncide with NDAA 2012. Incidentally, Lieberman’s bill still hasnt made it past the Congressional Committee and the EEA, which was introduced in Oct last year, hasnt made it past committee either. They could try to tack it onto NDAA, but since it ammends statute 1481, I am not sure how that would work.


50 posted on 01/18/2012 8:01:49 PM PST by emax
[ Post Reply | Private Reply | To 47 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-57 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson