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Under § 501 of Patriot Act II (the Act), this hypothetical scenario would become a reality. ...
This Comment examines the conflict between § 501 and the constitutional requirement of intent in expatriation. ... Part II analyzes the relationship between intent and conduct in expatriation. Part III explains how § 501 sidesteps the constitutional intent requirement in some cases and effectively invalidates its role in expatriation. In conclusion, Part IV proposes that § 501’s goals should be achieved by using traditional legal means. ... Fifteen years earlier, the Immigration and Nationality Act of 1952 (“INA”) had codified certain acts which would result in the loss of citizenship. ... Terrazas, and further held that assent required not only a voluntary expatriating act, but also an intent to relinquish citizenship. ...
II. ... citizenship without a finding of intent, even upon commission of an expatriating act as designated by Congress. ... In some cases, the commission of an expatriating act can be clear evidence of intent. ... SECTION 501 AND THE ROLE OF INTENT
Section 501 of Patriot Act II proposes two changes to the INA. First, § 501 would expand the INA’s list of expatriating acts to include service in a group designated as a terrorist organization. Second, § 501 would have the INA explicitly state that the element of intent can be inferred from conduct.
In support of its effort to broaden the scope of expatriating acts listed in the INA, § 501 suggests that much like service in a foreign military, service in a group with terrorist ties should be deemed an act warranting the loss of citizenship. ... This distinction is critical because while the act of joining a hostile foreign military plainly manifests a loss of allegiance, the act of joining a group with terrorist ties may not necessarily indicate an intent to relinquish citizenship.
Service in a hostile foreign military has long been identified as an expatriating act, the reason being that such service is fundamentally opposed to allegiance to the U. ...
Section 501 is an attempt by the U. ... However, in its application, § 501 sidesteps the constitutional intent requirement in expatriation.
Approximate Word count = 1697
Approximate Pages = 6.8
(250 words per page double spaced)
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