Andrew McCarthy posted an article at National Review yesterday about Hoda Muthana, currently detained in a refugee camp in Syria, who wants to come home to America.
The article reports:
Now Secretary of State Mike Pompeo has announced that Muthana will not be allowed to reenter the U.S. because she is not an American citizen: While born in America, she was the daughter of a diplomat and thus not subject to the jurisdiction of the U.S. As the secretary put it in his statement, “Ms. Hoda Muthana is not a U.S. citizen and will not be admitted into the United States. She does not have any legal basis, no valid U.S. passport, no right to a passport, nor any visa to travel to the United States.”
This conclusion is disputed by Muthana’s family and allies, and they may have a case. I would strongly urge the Justice Department to file an indictment against Muthana for treason, material support to terrorism, and any other readily provable offenses. She is less likely to press the issues of citizenship and right to enter if she understands that she faces prosecution and, very likely, lengthy imprisonment if she succeeds in coming here.
But it’s worth taking a closer look at the citizenship question itself. To my mind, the concept of citizenship implies not just the benefits of being a full-fledged member of the body politic, but also a duty of fealty to the nation. In a rational world, then, a citizen who made war against the United States would be stripped of citizenship.
Ms. Muthana left America to join ISIS, a group that was (and is) at war with America. If she claims to be a citizen, she should be charged with treason.
The article concludes:
Again: If the president and the secretary do not want Muthana to try to come back to the United States, the best strategy is to have the Justice Department indict her on serious felony charges. She may seek another alternative if she knows the risk of coming back here is decades of imprisonment. Of course, Muthana may decide to come anyway. After all, (a) she might see life in an American prison as better than her other alternatives, and (b) if she is an American citizen, there is a good argument that her young son is a citizen, too — he’d have a more promising chance of survival and a decent life here than in Syria (or wherever else in that godforsaken region they could end up).
In any event, the State Department has made its decision. Now it is up to Muthana’s supporters to establish her citizenship if they can, and for the Trump administration to indict her if it chooses.