How The Citizenship-Stripping Bill Would Work

By Greg Sargent
May 5, 2010; 11:52 AM ET
Courtesy Of The Washington Post

By now you've heard that Sen. Joe Lieberman (I-Conn.) is proposing a new law that could potentially strip Americans of their citizenship if they're involved with foreign terrorist organizations.

Two things you should know about this: First, it isn't just some paranoid liberal nightmare. It's actually moving forward. Lieberman is going to hold a presser tomorrow to introduce the bill, I'm told, along with Rep. Jason Altmire of Pennsylvania. Sen. Chuck Schumer (D-N.Y.) has already signaled he could support this.

Second, Lieberman's office has clarified to me how the law would work: It would empower the State Department to conclude -- on its own -- that Americans are conspiring with terror groups and should be stripped of their citizenship.

Lieberman's law would amend an earlier statute that details other things that can cost you citizenship: Serving in the army of a foreign state, pledging allegiance to a foreign state, and so on. In those cases the State Department decides whether your disloyalty merits loss of citizen status. Lieberman's law would add involvement with a foreign terror organization -- as opposed to a foreign state -- to this list.

Who would determine whether you're involved with a foreign terror group? The State Department. It already decides what is and isn't designated as a terror organization. Lieberman's law would also empower State to determine whether you are in league with one of these groups.

Here's where it gets more complicated. You would still have the right to contest this in court. And if you did, the burden of proof would be on State -- not on you -- to persuade the court that your involvement with a terror organization is sufficient to justify taking away your citizen status.

Bottom line: Lieberman's law can't keep you out of court against your will if you want to contest efforts to strip your citizenship. And chances are that if you were already facing other charges -- plotting or executing a terrorist act -- you would be simultaneously tried for that in civilian court, too, even as State continued to try to revoke your citizen status.

Lieberman is introducing this tomorrow. So at a minimum there could be a national debate about it. My bet is more Dems than you might think will be afraid to oppose this.

UPDATE, 4:30 p.m.:: Schumer has now come out against Lieberman's proposal.