ISIS bride's dad suing Trump, US to let her back into the country

[Right_in_Virginia]

ISIS bride's dad suing Trump, US to let her back into the country
Fox News, Feb 22, 2019, Greg Norman

The father of the Alabama woman begging to be let back into the U.S. after leaving years ago to join ISIS is now launching a legal campaign against President Trump, Secretary of State Mike Pompeo and Attorney General William Barr.

Attorneys from the Constitutional Law Center for Muslims in America have filed a lawsuit on behalf of Ahmed Ali Muthana arguing his daughter Hoda and her 18-month-old son should be allowed to return to America, and her citizenship – which the U.S. government disputes – should be recognized.

The suit also seeks a judgment that Muthana's father is “entitled to send his daughter money to ensure the survival of his daughter and grandson, and enable them safe passage home, without subjecting himself to criminal liability” under U.S. law.

Muthana currently is living at a refugee camp in northeast Syria and she "is willing to pay whatever debts she has to society” – even if it means serving a lengthy prison sentence, her family's lawyer told Fox News on Thursday.

More:  https://www.foxnews.com/us/father-of-isis-wife-is-now-suing-trump-us-to-let-her-back-into-the-country

[Right_in_Virginia]

Muthana’s father, Ahmed Ali Muthana, is suing to allow her to come home, claiming that both she and her 18-month-old son are in fact US citizens and that they are being deprived of their constitutional rights.

The question of whether Muthana actually is a citizen or not turns out to be fairly complicated, and the US government’s position has changed over time.

At issue is whether she was “subject to the jurisdiction of the United States” at birth, a status that her father claims she holds and that the federal government, starting in 2016, has claimed she does not.

Hoda Muthana told NBC News that her citizenship has never been questioned before, and that “[w]hen I tried filing for a passport it was very easy. It came in 10 days.”

But that’s not true.

Muthana was issued a passport as a US citizen, that’s true. But the government challenged her citizenship before giving her a passport. And in 2016, after she’d burned her passport upon joining ISIS — “Bonfire soon, no need for these anymore, alhamdulliah [thanks be to God],” she tweeted, with a photo of her and several other women’s Western passports — the Obama administration officially declared the passport and her citizenship had never been valid to begin with.

The 14th Amendment to the US Constitution provides birthright citizenship to everyone born on US soil and “subject to the jurisdiction of” the United States. While there’s an argument (somewhat on the fringe) that “jurisdiction” doesn’t apply to unauthorized immigrants living in the US, everyone agrees that it doesn’t apply to babies born to foreign diplomats.

Diplomatic immunity exempts the diplomat — and, generally, his or her family — from US jurisdiction, the argument goes, so children born in the US to foreign diplomats are citizens of their parents’ home countries, not US citizens.

Hoda Muthana’s father, Ahmed Ali Muthana, came to the US from Yemen in 1990 to serve as a diplomat representing his home country at the United Nations, whose headquarters are located in New York City.

[...]

In January 2016, the US government sent the Muthana household a letter addressed to Hoda officially revoking her US passport. The letter claimed that the passport had been issued in error, because there was “no evidence” that she was actually a US citizen by birth. The government asserted that, contrary to the testimony provided in 2004, the US Mission to the UN’s records showed that Muthana’s father didn’t lose diplomatic status until months after Hoda was born.

In theory, Hoda had the right to a hearing to challenge the passport revocation, but she didn’t ask for one; after all, she was encamped with ISIS by that point.

Revoking someone’s passport isn’t the same as revoking their citizenship. But the implication of the Obama administration’s revocation of her passport was that she had never been a citizen at all. (The administration only explicitly said that she “did not acquire US citizenship at birth,” but because the Muthanas thought she had been born a citizen, she didn’t get naturalized when her parents did.)

[...]

Some legal experts — including Vladeck — believe that the government was obligated to follow a specific process before determining Muthana was not a citizen, and it’s not clear whether either the Obama or Trump administrations followed that process.

But it’s also not clear whether that process necessarily applies to the revocation of a passport on the grounds that the passport was issued in error.

If Muthana is a citizen — even though her passport was revoked — it’s “generally understood” that she’d be allowed to return to the US, Vladeck said. But if she’s not a citizen, there’s very little hope for her to return; attorney Gabriel Malor told Vox that if she tried to apply for some other form of immigration status at this point, she’d be barred because of her history with a terrorist group.

Crucially, because Muthana’s 18-month-old son was born outside the US and the father was a Tunisian ISIS fighter, the question of whether Muthana is a US citizen determines her son’s citizenship, too.


https://www.vox.com/world/2019/2/22/18236309/hoda-muthana-isis-citizen-trump-pompeo

[Applewood]

My mother used to say, the way you make your bed is the way you lie in it.  In other words, you are responsible for your own actions.  If you do wrong, you must face the consequences. 

This woman should never be allowed back into then US.

[Right_in_Virginia]

Jack Posobiec
Verified accountï‚™ @JackPosobiec 

#Breaking More information on ISIS bride Hoda Muthana

It was actually the OBAMA ADMINISTRATION that revoked her US passport



9:10 AM - 22 Feb 2019

https://twitter.com/i/web/status/1098993496072114176

[rangerrebew]

Trump Sued for Denying U.S. Access to Terrorist

    2019-02-22 Source: TTN by: TTN Staff

 

President Trump and the government are being sued for denying access to an American citizen who left the U.S. to join ISIS.

According to Town Hall:

    Ahmed Ali Muthana argued in a lawsuit Friday that his 24-year-old daughter Hoda Muthana, who left the U.S. for Syria in 2014 to join ISIS and marry one of the terror group's fighters, should be allowed to return to the States because she is an American citizen. Muthana is currently in a Syrian refugee camp with her 18-month-old son after fleeing ISIS. She reportedly said she is willing to accept the consequences.


Read more at http://trumptrainnews.com/articles/trump-sued-for-denying-u-s-access-to-terrorist#wCJLivj2fZAEBAvB.99