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Revocation of Citizenship and Rule of Law: How Judicial Review Defeated Britain's First Denaturalization Regime

  • Patrick Weil and Nicholas Handler
Extract

Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. This policy, known as “denaturalization,” has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The increase is part of a global trend. In recent years, Canada, Australia, France, and the Netherlands have either debated or enacted denaturalization statutes. But Britain remains an outlier among Western democracies. Since 2006, the United Kingdom home secretary has revoked the citizenship of at least 373 Britons, of whom at least 53 have had alleged links to terrorism. This is more than the total number of revocations by Canada, France, Australia, and Netherlands combined. These developments are troubling, as the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order, and of the international community's commitment to human rights.

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patrick.weil@yale.edu
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This article would not have been written without the generous support of the Russell Sage Foundation. The authors also extend their thanks to Katherine D'Ambrosio, Conor Casey, Josh Gibson, and Maia Hyary for valuable research and editing assistance.

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1. Tom Parry, “Liberals Move to Overhaul Rules on Revoking, Granting Citizenship,” CBC News, February 25, 2016, http://www.cbc.ca/news/politics/john-mccallum-citizenship-act-repeal-bill-1.3463471 (accessed March 7, 2018).

2. Shalailah Medhora, “Law to Strip Dual Nationals of Australian Citizenship set to Pass Parliament,” The Guardian, November 10, 2015, https://www.theguardian.com/australia-news/2015/nov/10/law-to-strip-dual-nationals-of-australian-citizenship-set-to-pass-parliament (accessed March 7, 2018).

3. Kim Willsher, “Hollande Drops Plan to Revoke Citizenship of Dual-National Terrorists,” The Guardian, March 30, 2016, https://www.theguardian.com/world/2016/mar/30/francois-hollande-drops-plan-to-revoke-citizenship-of-dual-national-terrorists (accessed March 7, 2018).

4. Jacob Bojesson, “Netherlands Passes Law to Strip Citizenship from ISIS Fighters,” The Daily Caller, May 25, 2016, http://dailycaller.com/2016/05/25/netherlands-passes-law-to-strip-citizenship-from-isis-fighters/ (accessed March 7, 2018).

5. Letter from Home Office, United Kingdom Visas and Immigration, Complex Cases directorate to Conor Anthony Casey (January 21, 2017) (on file with author).

6. Macklin, Audrey, “Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien,” Queen's Law Journal 40 (October 2014): 154.

7. Weil, Patrick, The Sovereign Citizen. Denaturalization and the Origins of the American Republic (Philadelphia: University of Pennsylvania Press, 2012).

8. Weil, Patrick, How To Be French: Nationality in the Making Since 1789 (Raleigh, NC: Duke University Press, 2008), 62.

9. British Nationality and Status of Aliens Act, 8 & 9 Geo. 5, c. 38 (1918), § 7(1) (hereafter BNSA).

10. Secure Borders, Safe Haven: Integration with Diversity in Modern Britain (Norwich, United Kingdom: Home Office, 2002), §2.22.

11. Gibney, Matthew J., “‘A Very Transcendental Power’: Denaturalisation and the Liberalisation of Citizenship in the United Kingdom,” Political Studies 61 (2013): 637–55.

12. Macklin, “Citizenship Revocation.”

13. BNSA § 7(3).

14. Nationality, Immigration and Asylum Act (2002), ch. 41.

15. Gower, Melanie, Home Office, Home Affairs Section, The Special Immigration Appeals Commission, SN/HA/1083 (United Kingdom: Home Office, 2013).

16. House of Commons, Constitutional Affairs Committee, The Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates (London: House of Commons, 2005).

17. Karatani, Rieko, Defining British Citizenship: Empire, Commonwealth, and Modern Britain (London: Frank Cass, 2003), 5356.

18. Act of 7 & 8 Vic., c. 66.

19. Act of 33 Vict. c. 14, s. 7.

20. William Le Queux, The Invasion of 1910 (London: E. Nash, 1906).

21. Wray, Helena, “The Aliens Act of 1905 and the Immigration Dilemma,” Journal of Law and Society 33 (2006): 308.

22. Ibid., 311.

23. “Nationality and Naturalisation: Revocation of Naturalisation Certificates. Proposed modification of Naturalisation Act (1914–1917)” (HO 45/10839/333491) (British National Archives, hereafter BNA). Germany's Delbruck Law provided for the automatic loss of citizenship by a German who became naturalized elsewhere. However, the law did provide for Germans to retain their German nationality after being naturalized elsewhere if they made a formal application. See Alfred M. Boll, Multiple Nationality and International Law (Boston: Martinus Nijhoff, 2007), 187.

24. Davies, William Evan, The English Law Relating to Aliens (London: Stevens and Sons, Ltd., 1931), 95.

25. Ibid., 95–96.

26. 4 & 5 Geo., c. 29.

27. Davies, English Law Relating to Aliens, 96. Although these measures were initially enacted as emergency powers in response to the exigencies of wartime, many were dramatically expanded by the Alien Restrictions (Amendments) Act of 1919, 9 & 10 Geo 5 c 92 (1919). A number of these measures were consolidated and further expanded after the war by an order of council known as the Aliens Order of 1920. Davies, English Law Relating to Aliens, 98.

28. Panayi, Panikos, The Enemy in Our Midst: Germans in Britain During the First World War (Oxford: Berg, 1991), 154–58.

29. Panayi, Panikos, An Immigration History of Britain (New York: Routledge, 2009), 214.

30. Ibid.

31. The Naturalisation Act of 1870 had provided for automatic loss of citizenship in the case of British-born wives who married foreign nationals, but did not create any other discretionary authority to revoke a person's naturalization. Act of 33 Vict. c. 14, s. 7.

32. British Nationality and Status of Aliens Act, 1914, 4 & 5 Geo. V, c. 17. The 1914 act was passed in the first days of the First World War. However, it was the product of a long process that began in 1901 with an “Interdepartmental Committee on Naturalisation Acts,” which was established by the Home Office to recommend potential amendments to the 1870 act. Among other changes, it proposed adding a provision that certificates of naturalization should be eligible for revocation if the government determined that they had been obtained through fraud. Jones, J. Mervyn, British Nationality Law-Revised Edition (Oxford: Clarendon Press, 1956), 78.

33. Bird, John Clement, Control of Civilian Enemy Aliens in Great Britain, 1914–1918 (New York: Garland Publishing, Inc., 1986), 245.

34. HL Deb 06 January 1915 vol. 18 cc. 262–71.

35. For example, on April 27, 1915 Butcher asked the same question and received the same answer by Secretary McKenna. See HC Deb 27 April 1915 vol. 71 cc. 570–1. Another MP, Mr. Booth, asked the same question again on July 26, 1916, and received the same answer from Home Secretary Herbert Samuel. See HC Deb 26 July 1916 vol. 84 cc. 1679–82.

36. The Cabinet was unaware that the report had been commissioned, and had not contributed to it or reviewed it before it was published. During the Cabinet meeting of July 10, 1918, Austen Chamberlain recorded a “respectful protest” against the prime minister's “highly improper” decision to refer “a question of public policy of grave importance” to a committee of the House of Commons “without consultation with the Cabinet.” In response to Chamberlain's protest, the prime minister, perhaps referencing the Cabinet's longstanding unwillingness to address the question of foreign-born Britons, noted that there existed “real uneasiness in the public mind” with respect to the status of aliens on British soil, and that although some of this uneasiness had been “intensified by agitation in the press,” it nonetheless required a firm political response. Yet even Lloyd George was surprised at the independence that the Commons committee asserted. Apparently, the committee had published its report without consulting with a single Whitehall department, and without even presenting a copy to the prime minister in advance. See Minutes of the Imperial War Cabinet, 10 July, 1918 (CAB 23/7) (BNA).

37. War Cabinet, “Report to the Prime Minister of Sir H. Dalziel's Committee” (July 9, 1918) (CAB 24/57) (BNA).

38. Ibid.

39. Ibid., Recommendation 4.

40. HC Deb 11 July 1918 vol. 108 cc. 522–605.

41. Ibid.

42. HC Deb 17 July 1918 vol. 108 c. 1093.

43. Ibid., c. 1104.

44. Ibid., cc. 1111, 1128.

45. Ibid., c. 1113.

46. Ibid., c. 1117.

47. Ibid., c. 1140.

48. Ibid., c. 1150.

49. Ibid., c. 1114.

50. Ibid., c. 1162.

51. Bird, Control of Civilian Enemy Aliens, 252–53.

52. Ibid.

53. HC Deb 17 July 1918 vol. 108 c. 1126.

54. BNSA § 7(4).

55. Ibid.

56. BNSA § 7(3).

57. See section II.A.1.

58. Deprivation of Citizenship, 4 (n.d.) (ALN 7/10/2) (BNA).

59. Secure Borders, Safe Haven: Integration with Diversity in Modern Britain (Norwich: Home Office, 2002), §2.22.

60. The following are the official dates on which hostile nations declared war with Great Britain: Austria-Hungary, August 1 1914; Germany, August 4, 1914; Ottoman Empire, November 5, 1914; Bulgaria, October 16, 1915.

61. Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).

62. For example, from August 4, 1914 to the end of the year, ninety-seven Germans and thirty Austrians were granted certificates. Bird, Control of Civilian Enemy Aliens, 239.

63. A total of 178 certificates were continued and fourteen respondents were dead.

64. Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).

65. Ibid.

66. There is no such a limitation to the discretion of the secretary of state with regard to the children. See Jones, J. Mervyn, British Nationality Law and Practice (Oxford: Clarendon Press, 1947), 116.  Unlike Section 7, Section 7A did not require the home secretary to refer a matter to the committee before rendering a decision.

67. Section 7(3) read: “The Secretary of State may, if he thinks fit, before making an order under this section refer the case for such inquiry as is hereinafter specified, and in any case to which sub-section (1) or paragraph (a), (c), or (e) of sub-section (2) of this section applies, the Secretary of State shall, by notice given to or sent to the last-known address of the holder of the certificate, give him an opportunity of claiming that the case be referred for such inquiry, and if the holder so claims in accordance with the notice the Secretary of State shall refer the case for inquiry accordingly.”

68. Draft Report of the Committee to the Home Secretary (1919) (HO 144-13377) (BNA).

69. See Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).

70. Ibid.

71. Draft Report of the Committee (1919) (HO144-13377) (BNA).

72. Ibid.

73. Ibid.

74. Ibid.

75. Ibid.

76. Ibid.

77. Ibid.

78. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §7 (undated) (HO 213/1573) (BNA).

79. Report of the Imperial Conference of 1923, Nationality Committee (HO144-13377) (BNA).

80. Ibid.

81. Case of Otto Theodore Herhausen, Proposed Denaturalization (1918) (TS27-1428) (BNA).

82. Ibid.

83. Ibid.

84. Ministry of Reconstruction, “Report of the Machinery of Government Committee,”  1918, 11–12.

85. Thornberry, Cedric H.R., “Dr. Soblen and the Alien Law of the U.K.,” The International and Comparative Law Quarterly 12 (1963): 429.

86. Letter to the Right Honourable The Secretary of State for the Home Department (1919) (HO144-13377) (BNA).

87. Ibid.

88. List of Persons whose Certificates of Naturalization have been revoked by the Secretary of State for the Home Department under the provisions of the British Nationality and Status of Aliens Act 1914–1922, during the period 1st January, 1918 to 31st December, 1930, HO 213/1573-2 (BNA).

89. “Court Painter Interned: Society Sensation,” The Manchester Guardian, September 24, 1917, 6.

90. Tomaselli, Phil, The Spy Who Painted the Queen: The Secret Case Against Philip de Laszlo (Gloucestershire: The History Press, 2015).

91. HC Deb 15 April 1919 vol. 114 c. 2761. The Home Office never did agree to release the names of Hanneman's sponsors. See HC Deb 01 May 1919 vol. 115 cc. 306–7.

92. HC Deb 15 April 1919 vol. 114 c. 2786.

93. “Downing Street Myth: Baseless Attack on Mr. Asquith: The Hanneman Case,” The Manchester Guardian, May 7, 1919, 6.

94. Transcripts of Hearing in the Case of Alexius Laszlo de Lombo, June 4, 1919 (TS27-69) (BNA).

95. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).

96. Transcripts of Hearing in the Case of Alexius Laszlo de Lombo, June 4, 1919 (TS27-69) (BNA).

97. “Mr. De Laszlo to Remain Naturalised,” The Manchester Guardian, June 28, 1919, 9.

98. Transcripts of Hearing in the Case of Alexius Laszlo de Lombo, June 4, 1919 (TS27-69) (BNA).

99. “Mr. De Laszlo to Remain Naturalised,” The Manchester Guardian, June 28, 1919, 9.

100. “Sir Edgar Speyer: Name Struck Off Pricy Council List: Naturalisation Order Revoked,” The Manchester Guardian, December 14, 1921, 7.

101. Benson, Edward Frederic, As We Are: A Modern Revue (London: Longman, Green & Co., 1932), 249.

102. “Sir Edgar Speyer: Name Struck Off Pricy Council List: Naturalisation Order Revoked,” The Manchester Guardian, December 14, 1921, 7.

103. “Our London Correspondence: The Case of Sir Edgar Speyer,” The Manchester Guardian, December 14, 1921, 6.

104. Minutes, Home Office,  October 31, 1918 (B11925/18) (BNA).

105. Letter to Sir Eric Drummond, September 17, 1918 (BNA).

106. “British Nationality and Status of Aliens Acts, 1914 and 1918: In the Matter of Sir Edgar Speyer,” The London Gazette, No. 32547, December 13, 1921.

107. The Times of London published an extensive review of the evidence presented to the Committee. “Speyer Report Revelations: Disaffected and Disloyal: Trading with the Enemy,” The Times, January 7, 1922, 5; see also “Disloyal!” Daily Mail (Hull, England), December 14, 1921, 7; “The Degradation of Sir E. Speyer,” Nottingham Evening Post, December 14, 1921, 1.

108. See, for example, “British Partners on Sir E. Speyer's Record,” The Manchester Guardian, January 7, 1922, 10.

109. “Friedberger's Case: Naturalisation Stands,” The Manchester Guardian, April 9, 1942, 7.

110. Ibid.

111. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §7 (n.d.) (HO 213/1573) (BNA).

112. Ibid.

113. Ibid.

114. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).

115. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).

116. British Nationality & Status of Aliens Acts 1914 & 1918 (HO144-13377) (BNA).

117. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).

118. Ibid.

119. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).

120. British Nationality & Status of Aliens Acts 1914 & 1918 (HO144-13377) (BNA). Moreover, the committee indicated that the harm to the public good had to be attributable to the respondent him- or herself. It appears that in papers filed with the committee, the Treasury suggested that Fabian's “son, a person of no nationality, was of bad character and that if the father's certificate were revoked the authorities would have an opportunity of deporting the son.” Although the committee did not directly address the question of whether this alone could satisfy the section's “public good” requirement, the Home Office recorded in a later memorandum that “the language of their report suggests that they would be disinclined to take so wide a view of the circumstances.” Ibid.

121. Ibid.

122. Section 7(E) of the British Nationality and Status of Aliens Act, 1914 (as amended) Regarding the Continuance of a Certificate of Naturalisation and the Public Good (HO144-13377) (BNA).

123. Draft Report of the Committee (HO144-13377) (BNA).

124. Ibid.

125. Ibid.

126. Ibid.

127. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(d)(1) (1961) (HO 213-1575) (BNA). Section 7(2)(b) was one of the subsections of the act that did not require committee review. When questions of statutory interpretation arose—such as whether shorter prison terms could be aggregated to meet the twelve-month threshold—the home secretary could in his discretion refer the question to the committee. But where a conviction was for more than twelve consecutive months, simple documentary proof of the sentence was required. Because these cases were purely administrative, the secretary did not bother to refer them for review. See Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, §5 & app. 15 (HO 213/1573)(BNA). After Britain became a signatory to the United Nations Convention on Statelessness, it abolished denaturalization for criminal convictions through a 1964 amendment to the law. See British Nationality (no. 2) Act 1964.

128. Ibid.

129. Home Office Practice in Regard to Revocation of Certificates of Naturalization Under Sections 7 and 7A of the British Nationality and Status of Aliens Act, 1914, as Amended in 1918 (1926), 5 (HO 213-1575) (BNA).

130. Ibid.

131. Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, App. 12 (1960) (HO 213/1573) (BNA).

132. Ibid, § 3.

133. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).

134. Ibid.

135. Testimony of Count de Soissons in the Case of Philip Alexius Laszlo de Lombos, 1919 ( TS27-69) (BNA).

136. Ibid.

137. Ibid.

138. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).

139. Ibid.

140. Ibid.

141. Ibid.

142. Statement of Philip Alexius Laszlo de Lombos before the Committee, 1919 (TS27-69) (BNA).

143. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).

144. Ibid.

145. Letter to the Right Honourable The Secretary of State for the Home Department (HO144-13377) (BNA).

146. Decision of the Committee in the Case of Philip Alexius Laszlo de Lombos, 1919 (TS27-69) (BNA).

147. Ibid.

148. Ibid.

149. Ibid.

150. Ibid.

151. Ibid.

152. Ibid.

153. Instructions to Counsel to Advise on the Revocation of Certificate of Naturalization and to Settle Points of Charge; Case of Count Demetrio Sassfield Salazar (TS27-1429) (BNA).

154. Case of Ernest Sturzenegger, May 3, 1927 (TS27-1429) (BNA).

155. Case of Paul Joseph Ferdinand Rohleder, May 3, 1927 (TS27-1429) (BNA).

156. Matter of Lawrence Klindt Kentwell, June 17, 1931 (TS27-1429) (BNA).

157. British Nationality Act of 1948, 11 & 12 Geo. 6 c. 56 (1948).

158. British Nationality Act, 1948, 11 & 12 Geo. c. 56, s. 20. See also Baldwin, M. Page, “Subject to Empire: Married Women and the British Nationality and Status of Aliens Act,” Journal of British Studies 40 (2001): 522–56.

159. Dissenting Report by Lord Munster in the Case of Otto Bernhard Bode (TS27-1429) (BNA).

160. Ibid.

161. Ibid.

162. Report by Chairman and Lady Simon in the Case of Otto Bernhard Bode (TS27-1429) (BNA).

163. Ibid.

164. Ibid.

165. Ibid.

166. Dissenting Report by Lord Munster in the Case of Otto Bernhard Bode (TS27-1429) (BNA).

167. Ibid.

168. Ibid.

169. Ibid.

170. Ibid.

171. Ibid.

172. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(b)(1) (1961) (HO 213-1575) (BNA).

173. Ibid.

174. Home Office, Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, § 8 (1960) (HO 213/1573) (BNA).

175. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices (1961) (HO 213-1575) (BNA).

176. Ibid.

177. Home Office, Notes on the Practice and Procedure Relating to the Revocation of Certificates of Naturalisation Under Section 7 of the British Nationality and Status of Aliens Act, 1914, § 8 (1960) (HO 213/1573) (BNA).

178. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §3(a) (1961) (HO 213-1575) (BNA).

179. Ibid., §2(a).

180. Hennessy, Peter and Brownfeld, Gail, “Britain's Cold War Security Purge: The Origins of Positive Vetting,” The Historical Journal 25 (1982): 965–74.

181. Szasz, Ferenc Morton, British Scientists and the Manhattan Project: The Los Alamos Years (New York: Macmillan, 1992), 8283.

182. “Fuchs's British Citizenship: Committee to Decide,” The Manchester Guardian, December 21, 1950, 4.

183. Instructions to Settle Points of Charge and Advise on Evidence in the Matter of Anna Wolkoff, 1943 (TS27-1429) (BNA).

184. “News in Brief,” The Times, August 18, 1943, 2; “Anna Wolkoff: Naturalisation Revoked,” The Manchester Guardian, August 18, 1943, 6.

185. Case of Alfred Delbosque, May 1, 1924 (TS27-1429) (BNA).

186. “Fuchs's British Citizenship: Committee to Decide,” The Manchester Guardian, December 21, 1950, 4.

187. Ibid.

188. Ibid.

189. Decision in the Case of Klaus Emil Fuchs, 1951 (TS27-1429) (BNA).

190. Ibid.

191. “Fuchs Deprived of Citizenship,” The Manchester Guardian, February 24, 1951, 2.

192. Decision in the Case of Klaus Emil Fuchs, 1951 (TS27-1429) (BNA).

193. Ibid.

194. See Cases Considered Under Section 20(3)(a) of the British Nationality Act, 1948 (Disloyalty and Disaffection) (HO213-1573) (BNA).

195. “Dr. Pontecorvo No Longer British,” The Manchester Guardian, May 27, 1955, 7.

196. See Cases Considered Under Section 20(3)(a) of the British Nationality Act, 1948 (Disloyalty and Disaffection) (HO213-1573) (BNA).

197. Cyprus was formally annexed to the British Empire in 1914, following Turkey's entry into the First World War. It was granted independence by referendum in 1960.

198. Home Office Official Reply to Colonial Office (Letter from I. Roy, April 28, 1954) (HO213-2241) (BNA).

199. Letter from Colonial Office to Home Office re: Denaturalization of Dr. Theodore Dervis, January 1954 (HO213-2241) (BNA).

200. Ibid.

201. Unlike the Home Office, the Colonial Office was not required to establish a committee to review denaturalizations.

202. Home Office Official Reply to Colonial Office (Letter from I. Roy, April 28, 1954) (HO213-2241) (BNA).

203. Memorandum of G.V. Hart in response to Colonial Office inquiry, writing to Mr. Roy (HO213-2241) (BNA).

204. Leslie Brass memorandum in response to Colonial Office inquiry, April 6, 1954 (HO213-2241) (BNA).

205. Memorandum of G.V. Hart in response to Colonial Office inquiry, writing to Mr. Roy at the Home Office (HO213-2241) (BNA).

206. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(a)(i) (1961) (HO 213-1575) (BNA).

207. Ibid.

208. Cases Considered under Section 20(2) of the British Nationality Act, 1948 (Registration or Naturalization Obtained by Means of Fraud, False Representation, or Concealment of Any Material Fact) (HO213-1573) (BNA).

209. “Case of Lajos Szutor (Entry No. 70),” Cases Considered Under Section 20(2) of the British Nationality Act, 1948 (HO213-1573-3) (BNA).

210. “Case of Israel Wortman (Entry No. 28),” Cases Considered Under Section 20(2) of the British Nationality Act, 1948 (HO213-1573-3)(BNA).

211. Home Office, Deprivation of Citizenship of the United Kingdom and Colonies: A Digest of Home Office Practices, §4(a)(i) (1961) (HO 213-1575) (BNA).

212. Ibid.

213. Deprivation of Citizenship, 4 (n.d.) (ALN 7/10/2) (BNA).

214. Case of Hans Gunther Stephan Beschorner (1953) (TS27-1429) (BNA).

215. Case of Frederick Charles Menzinger, January 13, 1954 (TS27-1429) (BNA).

216. Letter from Viscount Kilmir, January 29, 1958) (LCO2-6367) (BNA).

217. Secure Borders, Safe Haven: Integration with Diversity in Modern Britain (Norwich: Home Office, 2002), §2.22.

218. British Nationality (no. 2) Act 1964.

219. Ibid.

220. British Nationality Act of 1981, ch. 61.

221. Ibid, § 40(6).

222. Nationality, Immigration and Asylum Act 2002, ch. 41.

223. Ibid. § 4 (amending the British Nationality Act of 1981, ch. 61, § 40[3]).

224. Ibid. § 4 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).

225. Immigration Act of 2014, ch. 22, § 66 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).

226. Gower, Melanie, Deprivation of British Citizenship and Withdrawal of Passport Facilities, SN/HA/6820 (United Kingdom: House of Commons: Home Affairs Section, 2015).

227. Ibid.

228. Nationality, Immigration and Asylum Act 2002, ch. 41, §4 (amending the British Nationality Act of 1981, ch. 61, § 40[2]).

229. Immigration Act of 2014, ch. 22, § 66 (amending the British Nationality Act of 1981, ch. 61, § 40A[6]).

230. Gower, Deprivation of British Citizenship and Withdrawal of Passport Facilities.

231. Chris Woods and Oliver Wright, “Calls for Rethink on Law That Allows Home Secretary to Revoke British Citizenship,” Bureau of Investigative Journalism, February 28, 2013, https://www.thebureauinvestigates.com/2013/02/28/calls-for-rethink-on-law-that-allows-home-secretary-to-revoke-british-citizenship/ (accessed March 5, 2018).

232. Ibid.

233. Letter from Home Office, United Kingdom Visas and Immigration, Complex Cases directorate to Conor Anthony Casey, January 21, 2017 (on file with author).

234. Caroline Sawyer and Helena Wray, “Country Report: United Kingdom,” European Union Democracy Observatory on Citizenship, December 2014, p. 17, http://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf (accessed March 5, 2018).

This article would not have been written without the generous support of the Russell Sage Foundation. The authors also extend their thanks to Katherine D'Ambrosio, Conor Casey, Josh Gibson, and Maia Hyary for valuable research and editing assistance.

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