THE US Immigration and Nationality Act of 1952 categorizes US national as a citizen of USA, or a person, who though not a citizen of America, owes permanent allegiance to the United States. American laws allow citizens to simultaneously hold dual nationality with iron clad conditionalities that they pledge on oath to renounce all previous loyalties they may have held to any country previously, with undivided loyalty to American Constitution.
Penalties imposed under the “The Patriot Act” makes it difficult for naturalized American citizens to resist pressures in performing duties required of them in accordance with Oath of Citizenship, which requires an individual to perform combat or non-combat duties from them by law, in the interest of US national security and interests. Notwithstanding the individuals, love and attachment to the country of his birth or origin, he/she is likely to succumb to pressure and willingly or unwillingly perform tasks that he would normally hesitate.
It is time for countries like Pakistan to analyze why India or China does not allow dual nationality for their citizens. The events of 9 May 2023, where sensitive security installations were simultaneously vandalized in different cities, demands from the State to reconsider their policies, given the large number of dual nationals involved in acts that they would dare not perform in America, UK, Canada etc for fear of reprisal and punishment, including cancellation of their status and long imprisonment. Most of the social media platforms operate from foreign countries, where most of our dual nationals reside and to the shock of many, a few are lobbying to impose sanctions, which demands were normally voiced by Indian Diaspora.
A Pakistani national is eligible to apply for the US citizenship as per laws, but has to pledge on oath in accordance with Naturalization Act of 1906, amended in 1929 and further Internal Security Act of 1950 that the individual pledges allegiance to the US Constitution and renounces allegiance to any foreign country to which the immigrant has had previous allegiances. He/she also pledges to defend the Constitution and laws of the US against all enemies, either by military, non-combatant or civilian service when required by the law.
The text and content of Oath of Citizenship of America leaves no room for any doubt that on taking the oath, the immigrant pledges undivided loyalty to the US, irrespective of whatever oath he had pledged to any other country, whose citizenship he/she may have had because of birth or marriage etc. However, there is one overriding clause that a US citizen after attaining age of 18 years, by applying to acquire a foreign nationality may relinquish their US nationality if they wish to do so. The Pakistan government has dual nationality arrangements with 19 countries UK, France, Italy, Australia, NZ, Canada, USA, Bahrain, Egypt, Syria, Jordan etc.
American Citizenship protections faltered during the war on terror and Patriot Act 2001, enacted after 9/11, was further amended in 2003 empowering the State to impose penalties unheard of earlier. Numerous changes relating to privacy of telephone and electronic communications, empowering law enforcement to eavesdropping which was prohibited earlier under Wiretap Act 1944, amended on 1986. The Voice Mail is no longer entitled to same protections that governed telephone conversations and weaker safeguards applicable to telephone records and e-mail stored with third parties such as Internet Service Provider.
Even subscriber credit card or bank account numbers can be assessed from a communication services provider through a subpoena, including use of trap-and-trace devices etc. Secretary of Treasury has been empowered to combat money laundering of suspects. In 2015 with reference to Edward Snowden, the Freedom Act stipulated that the government can access such data after submitting a request to FISA. The FBI can secretly conduct a physical search or wire-tap on American citizens to obtain evidence of crime without proving probable cause as the 4th Amendment required. Even the right to a lawyer of his choice was deprived to John Walker, a 20-year old American citizen by birth who was sympathetic to Afghan Taliban. US Citizenship was denied to those involved in terrorism.
—The writer is contributing columnist, based in Lahore.
Email: [email protected]
