Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2021 Year-End Campaign today. Thank you! —Mark Alexander, Publisher

Mark Alexander / February 22, 2019

ISIS Bride Hoda Muthana: Birthright Citizenship?

It’s a legal battle that may shed some light on who is and who is not entitled to U.S. citizenship.

“The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment.” (Emphasis Added) —George Washington (1783)

Hoda Muthana, the daughter of a foreign diplomat, was born in the United States in 1994. Her father, Ahmed Ali Muthana, who subsequently became a U.S. citizen the old-fashioned way — legally — was formerly a Yemeni diplomat. Four years ago, Hoda left the U.S. to join with Islamic State fighters in Syria.

She married an ISIS terrorist and supported the jihadis’ brutal slaughter of innocent men, women, and children. Now that ISIS is nearing defeat (not to suggest its ideology will ever be defeated), Hoda has decided that maybe Alabama would be a better place to raise her son than the ruins of a Syrian desert.

This is setting up a legal battle that may shed some light on who is and, more importantly, who is not entitled to U.S. citizenship.

On 16 February, Donald Trump said, “The United States is asking Britain, France, Germany and other European allies to take back over 800 ISIS fighters,” in order that they be tried as terrorists and held accountable for their crimes against humanity. But in Hoda’s case, Trump says, “I have instructed Secretary of State Mike Pompeo, and he fully agrees, not to allow Hoda Muthana back into the Country.”

According to Secretary Pompeo, “She may have been born here but she is not a U.S. citizen, nor is she entitled to U.S. citizenship.” He declared: “She’s a non-citizen terrorist; she has no legal basis for a claim of U.S. citizenship. She’s not coming back to the United States to create the risk that someday she’d return to the battlefield and continue to put at risk American people, American kids, American boys and girls that were sent to help defeat ISIS – she put them at risk, she’s not a U.S. citizen, she’s not coming back.”

The administration is arguing that Hoda is subject to the “diplomatic blue list” rule, which excludes her from any right to citizenship because her father was a diplomat at the time of her birth. According to U.S. Citizenship and Immigration Services guidelines, children not born to parents who were “subject to the jurisdiction of the United States,” as stipulated in the 14th Amendment, including diplomats, are not entitled to citizenship.

Hoda’s father is now suing the government for repatriation of his daughter, arguing that he had been discharged from his diplomatic status by the time of her birth. He also says she was issued a U.S. passport in 2004, which could well have been a bureaucratic error. Muthana and his wife were here legally at the time of Hoda’s birth, but not as diplomats and, thus, she is not subject to the diplomat exclusion.

This case sets up what could be a consequential legal battle over the issue of so-called “birthright citizenship,” which has never been established as a “right” but rather an assumption. In this case, it will bring into focus the question of whether children born to those legally in the United States have a right to citizenship, at a time when there is an assumption of “birthright citizenship” for those born to parents illegally in our country.

According to Pompeo, “There’s litigation ongoing. Here’s what I can tell you: We have a strong legal basis for our claim she’s not a citizen, and she’s not coming back.”

As I have previously thoroughly documented in regard to “birthright citizenship,” the plain language of our Constitution’s 14th Amendment has been contorted by leftist Democrat Party leaders to comport with their contemporary political agenda. This contortion exercise is consistent with their insistence that the Rule of Law enshrined in our Constitution is subordinate to their errant notion of a “living constitution” that means whatever they want it to mean.

The 14th Amendment does not establish a right to citizenship for those born here to illegal aliens, because their parents were not “subject to the jurisdiction of the United States.” Will this case finally provide that clarification?

And a footnote for all those advocating incarceration at Gitmo – please no! I do not want my tax dollars supporter this millennial ISIS wannabe.

(For more information, see Birthright Citizenship.)


Update 11/15/19: “A federal judge ruled Thursday that 25-year-old Hoda Muthana, who lived in Alabama but left the U.S. in 2014 to join ISIS, is not an American citizen and therefore the country is not required to repatriate her,” reports National Review. “In addition, [Judge Reggie] Walton ruled that Ahmed Ali cannot provide financial aid to his daughter.”

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2021 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.