UNMAKING CITIZENS: THE EXPANSION OF CITIZENSHIP REVOCATION IN RESPONSE TO TERRORISM
Act 2014, this newer act expands the UK government’s
ability to engage in revocation on a scale
unprecedented in modern times.65 While the UK
government notes that the revocation cases would be
rather small and that the Home Secretary’s power
would be monitored, the Act’s language highlights that
dual citizenship and statelessness can be sacrificed in
response to the threat of terrorism.66
authorities. The enactment of these problematic
provisions highlights securitizing shifts within the UK
government and population, which may have broader
impacts on other Commonwealth legal systems and
practices.
The heightened fear of foreign fighters, particularly in
the wake of the Islamic State territorial expansion and
the 2015 Paris terrorist attacks, propelled the UK
government to again increase its revocation powers.
The Counter-Terrorism and Security Act 2015 (passed in
2014 and enacted in 2015 via Royal Assent) provides the
UK government the power to, “disrupt the ability of
people to travel abroad to engage in terrorist activity
and then return to the U.K.”67 Both the Immigration Act
2014 and Counter-Terrorism and Security Act 2015
remain highly controversial, as some claim that these
Acts undermine UK democracy, transparency, and
citizenship.68 Following a freedom of information data
request, we were able to obtain the number of 40(2)
(revocation for the “public good”) and 40(3) (revocation
for fraud, false representation or concealment of a
material fact) cases from the UK Visas and Immigration
Home Office, included in the table below.69 A brief
glance at the data demonstrates that the number of
cases notably increased during the 2013-2016 period,
coinciding with the passage of the Immigration Act of
2014, and the Counter-Terrorism and Security Act of
2015, both of which expanded citizenship revocation
65
Bennhold, “Britain Expands Power to Strip Citizenship From Terrorism Suspects.”
Jarvis and Lister, Anti-terrorism, Citizenship and Security.
67
Counter-Terrorism and Security Act 2015 (Gr. Brit.).
68
Mills, “Citizenship deprivation: How Britain took the lead on dismantling citizenship”; Tufyal Choudhury, “The radicalisation of
citizenship revocation,” Critical Social Policy 37, no. 2 (2017): 225-44.
69
40(2) and 40(3) refer to subsections of Section 40 of the British Nationality Act 1981, which had language inserted under the IANA
2006 and Immigration Act 2014. Section 40 outlines the deprivation of citizenship. Section 40(2) states that, “The Secretary of State
may by order deprive a person of citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public
good.” Section 40(3) states that, “The Secretary of State may by order deprive a person of citizenship status which results from his
registration or naturalization if the Secretary of State is satisfied that the registration or naturalization was obtained by means of – (a)
fraud, (b) false representation, or (c) concealment of a material fact.” British Nationality Act, Section 40(2), in particular was expanded
under the Immigration Act 2014, Section 66, which inserted language around individuals engaging in actions that are, “seriously
prejudicial to the vital interests.”
66
Center for Migration Studies of New York | 9
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