Return of the Native? An Assessment of the Citizenship Renunciation Clause in Hamdi's Settlement Agreement in the Light of Citizenship Jurisprudence
Gul, Saad
Abstract
The article examines the circumstances under which Yasser Hamdi, an American born detainee in the War on Terror, renounced his U.S. citizenship. The article analyzes Supreme Court jurisprudence on the loss of citizenship since Afroyim v. Rusk. Through the prism of the historically competing considerations of national security and sacrosanct nature of citizenship, it evaluates the conditions under which Hamdi undertook his action, and their effect on its legal validity. Given the factual background of the case, and the jurisprudential contours of past citizenship doctrine, it concludes that Hamdi can probably regain his citizenship should he ever seek to do so.