# Is Hoda Muthana a US citizen & should she be allowed back in the US? **URL:** \ **Category:** Great Debates\ **Created:** [February 21, 2019, 3:18am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942 "2019-02-21T03:18:09Z")\ **Posts on this page:** 20\ **Page:** 7
**Author:** ![Warm\_blood](https://avatars.discourse-cdn.com/v4/letter/w/df705f/32.png) [@Warm\_blood](https://boards.straightdope.com/u/Warm_blood)\ **Post date:** [February 22, 2019, 8:27pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/121 "2019-02-22T20:27:08Z")
> [@elbows](#): > > I don’t think any of the returning foreign fighters can be successfully prosecuted, to be honest. Access to evidence, witnesses, the ability to verify anything is going to make the threshold for reasonable doubt seems like an impossible reach. How many will actually even see a courtroom after a few expensive failed attempts at conviction? > > Without a conviction I very much doubt there is any way to compel these people to: agree to any kind of deprograming, or any limits on use of social media, profiting from books, interviews etc. Are western nations to take up re-education camps? > > I’m really not seeing any way for these countries to control what these persons do upon their return. They will most certainly gain celebrity, whether they wish it or not. It’s unlikely getting a job will be easy. If the talk show circuit/publishers offer them money why wouldn’t they take it? How is this NOT going to turn into an uncontrollable shit show? > > I don’t have the answer, but you’d have to be blind not to recognize how fraught with difficulties this is going to be for EVERY involved nation. Most countries have laws against treason, but I don’t think any of those really anticipated this type of situation. > > It will be interesting to see what each nation will choose to do, to help these people reintegrate. This is another issue that needs to be taken into consideration. People pleading for her repatriation think it won’t be a problem because she’ll go straight into a courtroom, be tried for treason/terrorism and successfully convicted, then put away for a long time. You can’t convict people without sufficient evidence, and it’s not a guarantee that it will always be available. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 22, 2019, 8:43pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/122 "2019-02-22T20:43:58Z")
> [@DesertDog](#): > > Sure, if all you’re interested in is revenge for betraying the US but I’m thinking of those who are now in her shoes she was in then: Impressionable young in the process of becoming radicalized. Which message do you think would better change that course? I share most people’s concerns that nobody should be denied due process on a presidential whim. But I can’t share your conciliatory attitude here, you’re verging on tone policing. We all knew what ISIS were doing and what they stood for. They were publishing videos to tell us, for fucks sake. It’s not as though she thought they were organic farmers when she left to join them. When somebody of sound mind _chooses_ to join an ultra-violent group explicitly dedicated to the overthrow of Western civilization, people who glorify rape and murder, people who are throwing gay men of rooftops - surely we’re surely beyond saying “if only we were more _understanding_ to people thinking of joining such groups, perhaps they would act differently”. I rarely feel that Toby Ziegler’s famous rant is justified or productive, but with ISIS sympathizers it’s surely applicable. _They’ll like us when we win._ ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [February 22, 2019, 9:27pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/123 "2019-02-22T21:27:34Z")
> [@Riemann](#): > > I share most people’s concerns that nobody should be denied due process on a presidential whim. > > But I can’t share your conciliatory attitude here, you’re verging on tone policing. We all knew what ISIS were doing and what they stood for. They were publishing videos to tell us, for fucks sake. It’s not as though she thought they were organic farmers when she left to join them. When somebody of sound mind _chooses_ to join an ultra-violent group explicitly dedicated to the overthrow of Western civilization, people who glorify rape and murder, people who are throwing gay men of rooftops - surely we’re surely beyond saying “if only we were more _understanding_ to people thinking of joining such groups, perhaps they would act differently”. > > I rarely feel that Toby Ziegler’s famous rant is justified or productive, but with ISIS sympathizers it’s surely applicable. _They’ll like us when we win._ I don’t think **DesertDog** is excusing Muthana’s actions or being conciliatory toward \*her \*-- he’s saying _other people_ might even now be “Impressionable young in the process of becoming radicalized.” And maybe those people can learn from her experience and decide joining ISIS is a terrible idea. That experience will probably (and should, IMO) include a lengthy prison term, which she’s indicated she’s willing to face. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [February 22, 2019, 10:14pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/124 "2019-02-22T22:14:45Z")
Whether she’s willing to face a prison sentence or not is immaterial: she should face one. Whether she’s a security risk is also immaterial: she’s a US citizen, and we don’t exile citizens. So much of the conversation here seems to be, “If only things were different, they’d be different.” This is one of those rare cases where it looks pretty cut and dried. A US citizen went to another country and committed crimes, and now they want to come back. The way the law is written, they should come back and be prosecuted. I’d love for the bulk of her sentence to involve work in deradicalization movements, since I think that’d be more effective than occupying another prison cell. But that’s for the judge to decide. Let her back in, prosecute her. There’s no other legal choice. ---
**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\ **Post date:** [February 22, 2019, 10:24pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/125 "2019-02-22T22:24:13Z")
> [@Left\_Hand\_of\_Dorkness](#): > > Whether she’s willing to face a prison sentence or not is immaterial: she should face one. > Whether she’s a security risk is also immaterial: she’s a US citizen, and we don’t exile citizens. > > So much of the conversation here seems to be, “If only things were different, they’d be different.” This is one of those rare cases where it looks pretty cut and dried. A US citizen went to another country and committed crimes, and now they want to come back. The way the law is written, they should come back and be prosecuted. > > I’d love for the bulk of her sentence to involve work in deradicalization movements, since I think that’d be more effective than occupying another prison cell. But that’s for the judge to decide. Let her back in, prosecute her. > > There’s no other legal choice. The only place I’m a bit different on this is I think she should face prosecution…that MAY lead to a prison sentence, but may not. Depends on if she is actually found guilty. Semantics probably. But yeah, she does seem to clearly be a US citizen, she did not formally renounce her citizenship as far as I can tell, she should be allowed back in, and if she is being accused of crimes she should be arrested and prosecuted. If the government et al has a case and can convict, then off to prison she goes. I think it’s a great idea to have her involved in de-radicalization programs. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [February 22, 2019, 10:26pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/126 "2019-02-22T22:26:26Z")
Mmm. There’s a BIG assumption there, LHOD. I am not at all convinced it’s been proven she’s a US citizen. Without that - and I believe that’s still up in the air - nothing else of her argument succeeds. ---
**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\ **Post date:** [February 22, 2019, 10:33pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/127 "2019-02-22T22:33:20Z")
> [@Jonathan\_Chance](#): > > Mmm. There’s a BIG assumption there, LHOD. I am not at all convinced it’s been proven she’s a US citizen. Without that - and I believe that’s still up in the air - nothing else of her argument succeeds. It hinges on when her father lost his diplomatic immunity. I’ve seen different accounts. The Obama administration did say that her passport etc was never valid, and that according to them he lost his DI in 1995, but other documents show that Yemen canceled it in 1994, prior to her birth. Regardless, the fact that when she requested it she was given a standard US passport and was living in the US from the time of her birth until her unfortunate exit to Turkey and parts beyond seems, to my non-legal mind anyway, to strongly indicate that she was in fact considered a US citizen until her actions. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 22, 2019, 10:47pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/128 "2019-02-22T22:47:40Z")
> [@Jonathan\_Chance](#): > > Mmm. There’s a BIG assumption there, LHOD. I am not at all convinced it’s been proven she’s a US citizen. Without that - and I believe that’s still up in the air - nothing else of her argument succeeds. IANAL, and I have no idea which side bears the burden of proof here. But given her prior possession of a U.S. passport, I’d certainly hope that the burden was on the government to prove that she _wasn’t_ really a citizen. Hell, I think some sort of adverse-possession logic _should_ apply to it: once the government recognizes her as a citizen for X years, it shouldn’t be able to go back and revoke that recognition based on no more than a claim of bureaucratic error in issuing documents to her that assumed her citizenship. They should need to show that she defrauded the government in some way. (I know that’s probably not the way it IS, but such is life. :)) ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 22, 2019, 10:56pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/129 "2019-02-22T22:56:16Z")
> [@RTFirefly](#): > > …Hell, I think some sort of adverse-possession logic _should_ apply to it: once the government recognizes her as a citizen for X years, it shouldn’t be able to go back and revoke that recognition based on no more than a claim of bureaucratic error in issuing documents to her that assumed her citizenship. They should need to show that she defrauded the government in some way… Yup, I agree with this. There should be no time limit if a naturalized person deliberately lied about criminal acts in their past during the naturalization process. But there should surely be some time limit for revoking naturalization based on technical matters of eligibility like this, especially if there was no apparent intent to deceive. Otherwise the scope for unequal and unjust treatment by the government for ulterior motives is immense. It becomes what we’re seeing here: Trump favors extra-judicial punishment, orders State Dept to find a technicality. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [February 22, 2019, 11:03pm UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/130 "2019-02-22T23:03:32Z")
> [@Jonathan\_Chance](#): > > Mmm. There’s a BIG assumption there, LHOD. I am not at all convinced it’s been proven she’s a US citizen. Without that - and I believe that’s still up in the air - nothing else of her argument succeeds. The stuff I’ve seen seems pretty conclusive to me–but I agree that her argument hinges on being a US citizen. ---
**Author:** ![Grestarian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grestarian/32/3227_2.png) [@Grestarian](https://boards.straightdope.com/u/Grestarian)\ **Post date:** [February 23, 2019, 12:57am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/131 "2019-02-23T00:57:33Z")
> [@asahi](#): > > I’m not necessarily disagreeing with you, but I think the issue is that the president and DoS can’t just assert that someone is or isn’t a citizen - that gets litigated. A US citizen, particularly one who is born here, has the right to due process. I think that’s the rub - Trump and Pompeo are trying to deny her due process. > > … the real problem isn’t so much that they could make the legal claim that she’s no longer a citizen - they absolutely could. The problem I see, and I’m guessing others here see it as well, is the possibility that Trump may just say ‘screw the courts’. > [@Akaj](#): > > The President and Secretary of State proclaiming that they’re simply blocking her re-entry doesn’t seem to satisfy any legal procedure. What a shock – this administration feels no obligation to act under the rule of law. > [@glee](#): > > Apparently it’s a violation of international law to withdraw citizenship if it leaves that person stateless. So if she’s in a refugee camp somewhere, is she Stateless? If Trump/Pompeo (and Pence! Make it a Trinity!) put “HM is not a U.S. Citizen” in stone (rather than just a tweet?) and that leaves HM stateless, what repercussions do they face? What kind of sanctions or penalties can the Hague impose? It’s not like they can remove heads or figureheads of States from office. Okay, so someone upthread said she’s 25 now and there’s notes around here saying she went off to Turkey in 2014 so that means she was about 20 – definitely over 18 at least – at the time. I’m thinking “fighting for the enemy state” is more than just making or carrying weapons; I’m thinking that waving goodbye and saying, “Have fun storming the castle! I’ll have dinner ready when you get home!” is pretty openly supporting the war effort and that’s close enough to “fighting for the enemy” as I need. The part that seems more murky than the bottom of the Loch Ness to me is _Did she relinquish U.S. Citizenship to support the enemy and/or did she go off to support the enemy in order to relinquish U.S. Citizenship?_ In all of this, I’m suspecting there was no written letter to the Justice Department nor any declaration in-person before a US Diplomat or consular officer. So, merely as a technicality, I’m wondering if she might have thought\* something like “Well, I’ll go and support my husband because that’s what a properly submissive wife would do and when it’s all done I’ll go back home and settle down to a quiet life with him.” Because that technicality would mean she was operating under the not too unreasonable assumption that, having been deemed a U.S. Citizen and granted a U.S. Passport, she is understood to be a U.S. Citizen like any other and (provided she doesn’t actively declare otherwise) can retain her Citizenship and sooner-or-later be able to go home again. I note (as I have in other threads) Piaget’s research on human brain development: It is now quite well known that the average human brain hasn’t developed the ability to resist peer-pressure and thrill-seeking behaviors until it is about 25 years old. The fact that H.M. is now looking around and saying, “Dang! This is a stupid thing to be doing!” seems to support that research pretty well; she was young and impressionable and basically ‘fell for it’ when this nightmare began. However, since she was over 18 when she embarked upon this nightmare, she has to face the consequences for it. But I think the beginning of owning up to those decisions is facing due process, not just being cast out by displeased figureheads. **Eva Luna** : I was hoping you were still out there somewhere; nice to have you weigh in a bit on this topic. –G! \*Okay, yeah, I realize it’s a yuuuuge stretch to even toy with the idea that she thought that far ahead. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [February 23, 2019, 1:12am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/132 "2019-02-23T01:12:47Z")
Won’t comment on anything except to say that you clearly have reasons for coloring your text. You may want to consider whether those reasons outweigh the irritation that brightly-colored text arouses in readers. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [February 23, 2019, 1:31am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/133 "2019-02-23T01:31:56Z")
> [@Falchion](#): > > Hmmm… I read “She was granted admission to the United States on July 7, 1994, pending permanent residency” to mean that she either was not in the United States (i.e., she stayed in Yemen and then moved here as part of the plan to become permanent residents after her husband’s diplomatic tour ended) or that she exited and returned to the United States under some sort of visa for people with pending applications (I don’t know enough about immigration law to know how that works). When you apply for a green card in the U.S. via the [Adjustment of Status](https://www.uscis.gov/greencard/adjustment-of-status) process, you can also apply for [Advance Parole](https://www.uscis.gov/travel-documents) to allow you to travel internationally and return to the U.S. while your green card application is pending. (That’s the short answer, anyway.) It’s not exactly a visa, but it’s the same concept in that it allows you to travel back and forth while you are waiting for your green card application to be adjudicated. (I’ll be back later and try to address any other outstanding factual immigration questions, but have been out of the country myself and am in dire need of groceries first!) **Eva Luna,** Immigration Paralegal ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 23, 2019, 2:39am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/134 "2019-02-23T02:39:52Z")
> [@OldGuy](#): > > If she has a US passport (and that should be easy to confirm) then baring some mistake at issuance, she must be either a citizen or a non-citizen national. The latter are people of Samoa or other outlying US possessions, and would hardly seem to apply. I don’t see how she can be denied reentry unless and until it is proved that a passport was issued in error. Her passport was revoked on January 15, 2016. As an aside, who were the President and Secretary of State at that time? Why are people blaming Messrs. Trump and Pompeo? :dubious: ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [February 23, 2019, 2:47am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/135 "2019-02-23T02:47:58Z")
> [@D\_Anconia](#): > > Her passport was revoked on January 15, 2016. > > As an aside, who were the President and Secretary of State at that time? > > Why are people blaming Messrs. Trump and Pompeo? :dubious: “No matter how far you’ve gone on the wrong road, turn back.”–Turkish proverb AFAICT, her passport was erroneously revoked. It shouldn’t’ve been. If folks who revoked it knew that, then they acted illegally. If they didn’t, they made an error. We now have information that shows it should not have been revoked. We should act on that information. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [February 23, 2019, 2:51am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/136 "2019-02-23T02:51:30Z")
> [@D\_Anconia](#): > > Her passport was revoked on January 15, 2016. > > As an aside, who were the President and Secretary of State at that time? > > Why are people blaming Messrs. Trump and Pompeo? :dubious: You must have missed where that was mentioned several times in the thread. Trump and Pompeo are being blamed for not knowing it was revoked and for attempting to unilaterally revoked the citizenship they think she has. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 23, 2019, 4:11am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/137 "2019-02-23T04:11:16Z")
> [@Left\_Hand\_of\_Dorkness](#): > > "AFAICT, her passport was erroneously revoked. It shouldn’t’ve been. If folks who revoked it knew that, then they acted illegally. If they didn’t, they made an error. > > We now have information that shows it should not have been revoked. We should act on that information. Does that include holding the previous administration to account? ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [February 23, 2019, 4:57am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/138 "2019-02-23T04:57:21Z")
> [@Riemann](#): > > Yup, I agree with this. There should be no time limit if a naturalized person deliberately lied about criminal acts in their past during the naturalization process. But there should surely be some time limit for revoking naturalization based on technical matters of eligibility like this, especially if there was no apparent intent to deceive. Otherwise the scope for unequal and unjust treatment by the government for ulterior motives is immense. It becomes what we’re seeing here: Trump favors extra-judicial punishment, orders State Dept to find a technicality. Nitpick: we aren’t talking about naturalization, we are talking about citizenship by birth. Naturalization involves applying, taking a test, swearing an oath, etc. If we believe her parents were no longer in the U.S. as diplomats at the time she was born, then she is a U.S. citizen by birth. Whether she lied about anything after that is immaterial. If she was never a U.S. citizen to begin with, then neither are any children she may have given birth to outside the United States, unless their father was a U.S. citizen at the time of their birth [(and possibly not even then).](https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html) ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [February 23, 2019, 5:39am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/139 "2019-02-23T05:39:21Z")
> [@RTFirefly](#): > > IANAL, and I have no idea which side bears the burden of proof here. > > But given her prior possession of a U.S. passport, I’d certainly hope that the burden was on the government to prove that she _wasn’t_ really a citizen… When the US State Department issues a DS-4083 CERTIFICATE OF LOSS OF NATIONALITY OF THE UNITED STATES due to determination that an individual committed an expatriating act with intent to relinquish citizenship the burden is on the government. See [INA 349(b) (8 U.S.C. 1481(b))](http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1481&num=0&edition=prelim). But it is not clear to me that the Obama administration’s determination in the Muthana case was based upon an expatriating act. It seems that Muthana departed the United States in 2014. Subsequent her departure the State Department notified her family in January of 2016 that a determination had been made that Muthana was not a citizen and her passport was therefore revoked. As she was outside the United States and without a valid US passport (and presumably without a valid US visa\*) the State Department under the Trump administration has determined she is not admissible. That is simply relying on the prior determination which revoked her passport. [8 CFR §101.3](https://www.ecfr.gov/cgi-bin/text-idx?node=se8.1.101_13) provides that children of diplomats listed on the Blue List are not citizens but may be lawful permanent resident of the United States. Such LPR status is conferred by voluntary registration: > [@](#): > > (c) Voluntary registration as lawful permanent resident of person born to foreign diplomat. Since a person born in the United States to a foreign diplomatic officer is not subject to the jurisdiction of the United States, his/her registration as a lawful permanent resident of the United States is voluntary. The provisions of section 262 of the Act do not apply to such a person unless and until that person ceases to have the rights, privileges, exemptions, or immunities which may be claimed by a foreign diplomatic officer. Section 262 provides that registration must occur before, or within 30 days of, the child’s fourteenth birthday. If Muthana’s parents were on the Blue List (which includes Diplomats and those who have lost diplomatic status through the time of their departure from the United States) at the time of her birth and she was not registered as an LPR then it would seem she has not lawful claim to citizenship or right of residence in the United States. Finally, even if she had LPR status as a registered child of a diplomat, the burden would be upon her to prove that she had not abandoned her residence in the United States. - Even if Muthana held a US visa that does not guarantee her entry to the United States. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [February 23, 2019, 10:42am UTC](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942/140 "2019-02-23T10:42:55Z")
> [@Akaj](#): > > That experience will probably (and should, IMO) include a lengthy prison term, which she’s indicated she’s willing to face. I can’t help but wonder if her willingness to face prison in the US might have to do with living in a woman’s prison in the US maybe being better than living in a refugee camp. [Previous page](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942.md?page=6) [Next page](https://boards.straightdope.com/t/is-hoda-muthana-a-us-citizen-should-she-be-allowed-back-in-the-us/829942.md?page=8)