Expatriate Terrorist Act

Expatriate Terrorist Act

This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen:

• taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18;
• entering, or serving in, a foreign terrorist organization;
• accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization after attaining the age of 18 if the person knowingly has or acquires the nationality of that foreign state, or if an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for the office, post, or employment; and
• knowingly providing material support or resources to a foreign terrorist organization if the person knows that such organization is engaged in hostilities against the United States.

The Passport Act of 1926 is amended to:

• prohibit the Department of State from issuing a passport or passport card to an individual who is serving in, or attempting to serve in, a foreign terrorist organization and is a threat to U.S. national security; and
• direct the State Department to revoke a passport or passport card previously issued to any such individual.

A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction.

The State Department may issue a passport or passport card to, or refuse to revoke a passport or passport card from, an individual if such issuance or refusal to revoke is in U.S. national security interests.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov