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Judge rules woman who joined ISIS is not US citizen based on birthright citizenship exception -

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Judge rules woman who joined ISIS is not…

Constitutional Law


By Debra Cassens Weiss
November 15, 2019, 11:31 am CST





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A federal judge in Washington, D.C., ruled from the bench Thursday that an Alabama woman who joined the Islamic State group and traveled to Syria is not a U.S. citizen because of an exception to the Constitution’s grant of birthright citizenship.

U.S. District Judge Reggie Walton ruled in the case of Hoda Muthana, who is with her 2-year-old son in a Syrian refugee camp. Her father filed the lawsuit before Walton in a bid to bring Muthana and her son home and to obtain a declaratory judgment that she is a citizen.

The New York Times, the Guardian and BuzzFeed News have coverage.

Muthana had at one time advocated terrorist attacks in social media posts, but she since said she was young and ignorant and she wants to return to the United States. She surrendered to Kurdish forces after fleeing ISIS-controlled territory in December 2018. She says she is willing to face prosecution here.

Muthana’s father, Ahmed Ali Muthana, had been a United Nations diplomat from Yemen. Under federal regulations and international law, children born to diplomats in the United States aren’t subject to the 14th Amendment’s citizenship requirement because they are under the jurisdiction
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