UNMAKING CITIZENS: THE EXPANSION OF CITIZENSHIP REVOCATION IN RESPONSE TO TERRORISM
revocation, many states have other extra-constitutional
revocation laws and policies. For example, as of 2014,
33 European states have laws or policies stipulating
legal grounds for loss of citizenship.7 Additionally, 22
states have laws dictating grounds for revocation
related to specific activities that directly or indirectly
contravene state interests.8
Citizenship revocation has been linked to the post-9/11
expansion of state security measures and has been
justified as a necessary tool to prevent terrorist acts.9
From a national security perspective, revocation is a
counter-terrorism response that can reduce the
likelihood of transnational terrorist attacks. Counterterror responses are seen as necessary, particularly
since the estimated number of ISIS foreign fighters
reached over 20,000 and included citizens from
Western Europe (includes UK) (4,000), US (100), Canada
(100), Australia (100-250), Saudi Arabia (1,500-2,500),
Tunisia (1,500-3,000), Morocco (1,500), Jordan (1,500),
Lebanon (800), and Turkey (600).10 These fighters are
often trained and experienced in specific tactics or skills
associated with terrorism.
According to Macklin (2015), “that states can treat
noncitizens in ways they cannot lawfully treat citizens
incentivized states to exploit migration law to pursue
counterterrorism objectives post-9/11.”11 While
citizenship revocation is not entirely new, citizenship
revocation’s expansion in light of transnational
terrorism is new.12 The purpose of this comparative
report is to reflect on the expansion of citizenship
revocation and provide the public with a better
understanding of this international citizenship policy
trend. The report includes narrative descriptions
highlighting revocation laws in context and includes
some case examples. The authors of this paper
conducted research on citizenship revocation in the UK,
Canada, and Australia. The following findings and
recommendations from their research are based on
pertinent contemporary research on citizenship
revocation and data/information gathered through
freedom of information requests.
2 Findings
Recent actions taken by the Australian, Canadian, and
UK governments illustrate a troubling trend towards the
expansion of citizenship revocation against its own
citizens in response to transnational terrorist threats.13
The military conflicts in Syria and Iraq against the
Islamic State, the migration crisis to which they have
contributed, and ISIS-inspired and -supported attacks
elsewhere have led to growing pressures, fears, and
policy responses. As terrorist threats are increasingly
recognized as neither national nor international, but
transnational, these three governments, among others,
have taken undemocratic steps towards promoting
security through decreasing the protections of their
citizens with a particular inequitable emphasis on nonnative-born citizens. By revoking citizenship and all
related rights of confirmed or suspected threats to
national security, these three governments are
increasing the stateless or semi-stateless population
and altering what it means to be a citizen in their liberal
democracies. Of these three states, Canada alone has
7
Gerard Rene de Groot, Maarten Vink, and Iseult Honohan, Loss of Citizenship, (Florence, Italy: European Union Democracy
Observatory on Citizenship, 2014).
8
Forcese, “A Tale of Two Citizenships.”
9
Audrey Macklin, “Sticky Citizenship,” in The Human Right to Citizenship: A Slippery Concept, eds. R. E. Howard-Hassman and M.
Walton-Roberts (Philadelphia: University of Pennsylvania Press).
10
Shiva Jayaraman, “International Terrorism and Statelessness: Revoking the Citizenship of ISIL Foreign Fighters,” Chicago Journal of
International Law, 2016, 17 (1): 178-216.
11
Ibid.
12
Forcese, “A Tale of Two Citizenships”; Matthew Gibney, “Should Citizenship be Conditional? The Ethics of Denationalization,” The
Journal of Politics 75, no. 3 (2013): 646-58.
13
The Data Team, “The evolution of the Islamic State,” The Economist, August 12, 2016,
https://www.economist.com/blogs/graphicdetail/2016/08/daily-chart-10.
Center for Migration Studies of New York | 2
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