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In reply to the discussion: U.S. could free Israeli spy in deal to save peace talks: source close to talks [View all]LTG
(216 posts)I agree that the revocation of citizenship will not, and in fact can not, happen in this case. However, simply as a slight expansion on your statement I would point out the following:
It is true that the government can not force a person to renounce their citizenship. There are acts that a citizen may undertake that can appear to be a voluntary renunciation of citizenship, but U.S. laws have a presumption that no such intent existed. The presumption can be overcome if sufficient evidence can be presented. This is extremely difficult to prove, but a court action can be brought by the government seeking to effectuate the supposed renunciation.
There are, however, specific acts by a citizen that permit the government to bring a case in court seeking the revocation of citizenship, regardless of the intent of the respondent. The law specifies a small number of acts by a citizen which, if proven, can lead to loss of citizenship. These include serving in the armed forces of a nation at war with the U.S., becoming naturalized in another country, swearing an oath of allegiance to another nation, and being convicted of treason against the U.S. by a court of competent jurisdiction.
A conviction for espionage is not the same as the conviction for treason as, in this case, the espionage was not on behalf of an enemy of the U.S. To get this type of action the "enemy" would have to be a nation at war with, or who has committed an act of war against, the U.S. Depending upon the political atmosphere at the time it might also include a nation directly and overtly threatening the security, citizens, and/or territorial integrity of the United States.