The Extraordinary Statelessness of Deepan Budlakoti
9
citizenship deprivation” meant particularly to target citizens who have
engaged in or are suspected of supporting terrorist activity (Forcese, 2014;
Lenard, 2016; Macklin, 2014). Through strengthening the “security state,”
many liberal democracies are now sliding down the slippery slope in
extinguishment policies, beginning with naturalized citizens, continuing with
dual citizens, then moving to birthright citizens in revocation directed at socalled “homegrown terrorists,” and finally countenancing such
extinguishment even if the end product is statelessness.12
As Barbara Jackman, a lawyer specializing in immigration law has pointed
out, the move to citizenship deprivation was preceded in Canadian
immigration law by several reforms that diminished the rights of permanent
residents to remain in Canada for reasons of criminality and national security
and strengthened executive powers to remove permanent residents (Jackman,
2014). In the Canadian context, permanent residency has traditionally
provided a broad range of citizenship-like rights, and often was seen as
almost equivalent to Canadian citizenship. In the post-9/11 era, permanent
residence had already become an increasingly precarious status.13
The Conservative government, under Stephen Harper (2006-2015),
introduced significant reforms that render Canadian citizenship conditional
on meeting new criteria for conduct. The rationale for fortifying two-tiered
citizenship was couched in terms of protecting national security through
“refusing citizenship to individuals who pose a security risk,” and reinforcing
the “value” of Canadian citizenship by making it harder to acquire and retain,
and easier to revoke (Government of Canada, 2014b). In June 2015, the
federal government’s Bill C-24, the Strengthening Canadian Citizenship Act
came into effect, permitting the stripping of citizenship, not only among
naturalized Canadians but also among those born in Canada holding a second
nationality. Moreover, the law’s reach has been interpreted by some critics as
applying not only to dual nationals, but to those simply having the imputed
ability to acquire a second nationality “in another state through a parent or
more distant relative” (National Immigration Law Section, Canadian Bar
Association, 2014, pp. 17-18). As delineated below, this creates a “reverse
12
For a discussion of the trend in Europe and North America toward denationalization of citizens
as a counter-terrorism strategy, manifesting the “securitization of citizenship” see the EUDO
CITIZENSHIP Forum Debate (Macklin & Bauböck, 2015; see also Forcese, 2014; Macklin,
2014).
13
As non-citizens, permanent residents enjoy many but not all of the same rights as citizens;
excluded are the right to vote and the right to travel abroad with a Canadian passport. Canadian
citizens also enjoy privileged access to the Federal Public Service. The status of permanent
residence is also more easily revocable than that of Canadian citizenship, leaving permanent
residents more vulnerable to deportation. Thus, under sections 33 and 77 to 85 of the
Immigration and Refugee Protection Act, permanent residents, but not citizens, may be
inadmissible to Canada if suspected of violating human rights, having membership within
organized crime, or perceived to be a threat to national security. Those issued “security
certificates” are subject to removal orders.
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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