Get Ready for PATRIOT II

[Bigkatt]

In case your download doesn't work here is Sec. 501

Section 501: Expatriation of Terrorists.

Under 8 U.S.C. 1481, an American can lose his citizenship by voluntarily, and with the intent to relinquish nationality, taking any number of actions, including: (1) obtaining Nationality in a foreign state; (2) taking an oath of allegiance to a foreign state; and, most importantly, (3) serving in the armed forces of a foreign state that are engaged in hostilities against the United States. The current Expatriation statute does not, however, provide for the relinquishing of citizenship in cases where an American serves in a hostile foreign terrorist organization. It thus fails to take into account of the myriad ways in which, in the modern world, war can be waged against the United States.

This provision would amend 8 U.S.C. 1481 to make clear that, just as an American relinquish his citizenship by serving in a hostile foreign army, so can he relinquish his citizenship by serving in a hostile terrorist organization. Specifically, an American could be expatriated if, with the intent to relinquish nationality, he becomes a member of, or provides material support to, a group that the United States has designated as a "terrorist organization," if that group is engaged in hostilities against the United States.

This provision also would make explict that the intent to relinquish nationality need not be manifested in words, but can be inferred from conduct. The Supreme Court has already recognized that intent can be inferred from conduct. See e.g. Vance vs Terrazas, 444 U.S. 252, 260 (1980) (recognizing that the, "intent to relinquish citizenship.....{can be} expressed in words or....found as fair inference from proved conduct"); see also King vs Rogers, 463 F.2d 1188, 1189 (9th Cir. 1972) ("{S}pecific subjective intent to renounce United States citizenship...may {be} prove{d}...by evidence of an explicit renunciation, acts inconsistent with United States citizenship, or by affirmative voluntary act{s} clearly manifesting a decision to accept {foreign} nationality." (citations omitted)); United States vs Schiffer, 831 F. Supp.1166, 1194 (E.D. Pa. 1993) ("Specific intent may...be proven by evidence of what steps the alleged expatriate did or did not take in connection with his expariating acts."), aff'd without opinion, 31 F.3d 1175 (3rd Cir 1994). Specifcally, this proposal would make service in a hostile army or terrorist group prima facie evidence of an intention to renounce citizenship.

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SEC. 501 It's terribly longwinded but what I get out of it is that an American Citizen can lose their citizenship if they actively aid and abet a hostile foreign terrorist organization. Sounds OK to me.

[tex]