ISIS bride Hoda Muthana's family files lawsuit against Trump
Kim Hjelmgaard, USA TODAY Published 9:05 a.m. ET Feb. 22, 2019 | Updated 9:10 a.m. ET Feb. 22, 2019
Hassan Shibly, an attorney for Hoda Muthana, speaks on the phone from his office in Tampa, Fla., on Feb. 20, 2019. (Photo11: Chris O'Meara, AP)
The father of an American woman who traveled from her home in Alabama to marry an Islamic State fighter filed a lawsuit against President Donald Trump's administration as part of an effort to get her and his 18-month-old grandson returned to the United States.
Lawyers acting for Ahmed Ali Muthana, a former diplomat at the United Nations for Yemen who is a naturalized U.S. citizen and lives in Alabama, argue in the lawsuit filed in federal court in Washington D.C. late Thursday that remarks by Trump and other senior White House officials claiming that Hoda Muthana, 24, is no longer a U.S. citizen – thus barring her and her son from re-entering the USA – are unconstitutional.
Trump, Secretary of State Mike Pompeo and Attorney General William Barr are named as defendants in the case. Trump said Wednesday he had instructed Pompeo to deny Muthana re-entry. Pompeo said she was not a U.S. citizen and has no "legal basis" to be brought back to American soil from the Kurdish-run refugee camp in northern Syria where she is being held with her young son, named in the suit as John Doe Muthana.
More: Trump: ISIS wife Hoda Muthana won't be allowed to return to United States
Muthana joined the Islamic State, also known as ISIS, in 2014 after telling her parents she was going to Atlanta, Georgia, as part of a field trip connected with her business studies at the University of Alabama at Birmingham. Instead, she withdrew from college and used her tuition reimbursement to purchase a plane ticket to Turkey, according to court documents.
From Turkey, she traveled to Syria, where she married twice, both times to ISIS fighters who later died in combat. Muthana fled to the al-Hawl refugee camp in December last year amid the collapse of the ISIS caliphate in Syria and Iraq.
Hassan Shibly, a Florida-based legal representative for her family, told USA TODAY in an interview this week that Muthana now wants to return to the USA to take responsibility for her actions, and for the sake of her son. She accepts she would likely be charged with providing material support to terrorism and need to serve time in jail.
She has also expressed remorse for what she did and claimed that she was "brainwashed" into going to Syria and partly motivated by youthful "arrogance." If permitted to return, Muthana has vowed to help de-radicalize other Americans.
However, the Trump administration has determined, apparently unilaterally without taking any specific action in courts or formally moving to revoke Muthana's citizenship, according to her father's lawsuit, that New Jersey-born Muthana never qualified for U.S. citizenship in the first place because at the time of her birth her father was a diplomat.
A person born in the U.S. to a foreign diplomat is not normally subject to U.S. law and is also not automatically a U.S. citizen at birth, according to the Immigration and Nationality Act………. moar
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