UNMAKING CITIZENS: THE EXPANSION OF CITIZENSHIP REVOCATION IN RESPONSE TO TERRORISM With the emergence of new terror threats, the Islamic State, and European migration crisis, the UK has subsequently amended its citizenship revocation laws through the Counter-Terrorism and Security Act 2015 and the Immigration Act 2014. Both laws are directly connected to growing fears of UK citizens that are foreign fighters of the Islamic State and other terrorist groups training, fighting, and returning to the UK.55 The Immigration Act 2014 includes 77 clauses and builds upon prior legislation.56 Notable components attempt to make illegal immigration more difficult by outlining expulsion processes, increasing penalties and denial of basic services (including identification documents, bank accounts, housing, healthcare, legal appeals) to unauthorized immigrants.57 Section 66 of the Immigration Act 2014 has been the most controversial aspect of the Act because of its expansion of citizenship revocation under the guidance of the Home Secretary.58 It contains grounds for revocation and the powers of the Home Secretary in revocation cases.59 It also notes that the Home Secretary has the ability to revoke citizenship from individuals with only one nationality or citizenship status, including UK citizens.60 Prior to its passage, the Home Office noted in its fact sheet on the bill: It is not right that a person who has acquired British citizenship – and accepted the rights, responsibilities and privileges that derive from this – can act in a way that threatens the security of the UK and retain British nationality simply because they may be left stateless as a result of deprivation. We are changing this for a small sub-category of cases even if such action left them stateless.61 Thus, the UK government under the guidance of then Home Secretary and current Prime Minister Theresa May can now revoke citizenship from dual and non-dual nationals that have, “conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory.”62 As Home Secretary, May used citizenship revocation as a legal tool against suspected terrorists.63 While revocation cases may be more likely among dual nationals, those individuals who maintain only UK citizenship through naturalization are the most vulnerable, as their cases could lead them to statelessness.64 Although the UK government revoked approximately 42 UK citizens of their citizenship between the enactment of the 2006 Act and the enactment of the Immigration 55 “Powers to stop British jihadists returning to the UK – PM,” BBC, November 14, 2014, http://www.bbc.com/news/uk-politics30041923; Jarvis and Lister, Anti-terrorism, Citizenship and Security; Christian Joppke, “Terror and the loss of citizenship,” Citizenship Studies 20, no. 6-7 (2016): 728-48. 56 Home Office, Border Force, UK Visas and Immigration, and Rt. Hon James Brokenshire MP, “Immigration Bill becomes law,” Gov.uk News, May 14, 2014, https://www.gov.uk/government/news/immigration-bill-becomes-law. 57 Ibid. 58 The Immigration Act 2014 inserts specific language into the British Nationality Act 1981, specifically in section 40, “Deprivation of citizenship”; Immigration Act 2014, § 66 (Gr. Brit.). 59 Immigration Act 2014, § 66 (Gr. Brit.). 60 Bennhold, “Britain Expands Power to Strip Citizenship From Terrorism Suspects.” 61 Home Office, “Immigration Bill, Fact Sheet: Deprivation of Citizenship (clause 60),” Gov.uk, January 2014. 62 Immigration Act 2014, § 66 (Gr. Brit.). 63 Bennhold, “Britain Expands Power to Strip Citizenship From Terrorism Suspects”; David Barrett, “Theresa May cancels family’s citizenship,” The Telegraph, December 7, 2014, http://www.telegraph.co.uk/news/uknews/law-and-order/11278517/Theresa-Maycancels-familys-British-citizenship.html ; Bobbie Mills, “Citizenship deprivation: How Britain took the lead on dismantling citizenship,” European Network on Statelessness, March 3, 2016, http://www.statelessness.eu/blog/citizenship-deprivation-how-britain-tooklead-dismantling-citizenship. 64 Helena Wray, “The new powers of deprivation of citizenship in the UK” (Florence, Italy: European Union Democracy Observatory on Citizenship, 2014). Center for Migration Studies of New York | 8