Shamima’s Law

A Law to Revoke British Citizenship and Deport Individuals Posing Terror Risks

Shamima Begum was a British-born citizen who joined ISIS. She was stripped of her British citizenship and is no longer allowed back in Britain.

What about others in Britain who share similar extremist views? Are individuals in the UK who align with anti-Western groups not a grave threat to British national security? Why wait for them to travel abroad before revoking their citizenship and removing them from the country?

Out

Here is a plan for "Shamima’s Law," a new law for an incoming government that would enable the UK Home Secretary to revoke British citizenship and deport the estimated 40,000 individuals in Britain on terrorism watch lists or deemed a terror risk, modeled on the case of Shamima Begum.

Importantly, and unlike Ms. Begum’s case, this law would enable the government to revoke citizenship irrespective of eligibility for alternative citizenship.

A draft bill for inclusion in a future King’s Speech is included as an appendix.

The Begum Case

Shamima Begum, a British citizen, left the UK at age 15 to join the Islamic State (IS) in Syria. In 2019, then-Home Secretary Sajid Javid revoked Begum’s British citizenship under Section 40(2) of the British Nationality Act 1981, citing national security grounds, as she was deemed eligible for Bangladeshi citizenship through her parents. Despite subsequent legal challenges, UK courts upheld the decision.

The Begum case demonstrates powers to strip citizenship from dual nationals or those eligible for another nationality when their actions are deemed "not conducive to the public good." Since 2006, over 150 UK citizens have lost citizenship on similar grounds.

Central to the Begum case was the government’s contention that Begum could seek Bangladeshi citizenship, ensuring she would not be rendered stateless. This proposal removes the requirement for alternative citizenship eligibility, allowing deprivation even if it renders individuals stateless. A 2014 amendment to the 1981 British Nationality Act already permits statelessness for naturalized citizens in certain cases. Now is the time to extend this principle.

Shamima’s Law in Summary

Shamima’s Law aims to:

• Authorize the Home Secretary to revoke British citizenship of individuals on terrorism watch lists or deemed a terror risk, regardless of alternative citizenship eligibility.

• Facilitate deportation to a safe third country or, if necessary, detention pending international agreements.

• Enhance counterterrorism by prioritizing removal of threats over statelessness concerns.

• Introduce safeguards to mitigate human rights violations while ensuring rapid implementation.

Legal Framework

The British Nationality Act 1981 prohibits citizenship deprivation that renders non-naturalized citizens stateless (Section 40(4)). The 2014 amendments allow statelessness for naturalized citizens if the Home Secretary deems it necessary for national security (Section 40(4A)). This proposal extends this power to all citizens, challenging the 1961 UN Convention on the Reduction of Statelessness, to which the UK is a party, and potentially breaching ECHR Articles 4 (prohibition of slavery) and 8 (right to family life).

Key considerations:

• Statelessness: Removing the alternative citizenship requirement risks widespread statelessness, as seen in Begum’s contested Bangladeshi eligibility. This could violate international obligations and lead to ECHR challenges.

• Discrimination: Targeting individuals on terrorism watch lists or posing a credible terror risk may disproportionately affect certain communities, raising concerns under the Equality Act 2010. National security exemptions may apply, as upheld in Begum’s case.

• Trafficking: The policy must address cases like Begum’s, where trafficking or coercion claims were raised but dismissed by courts.

• Precedents: The Counterterrorism and Security Act 2015 and Temporary Exclusion Orders provide mechanisms for managing terror suspects but do not address statelessness.

For these reasons, reforms such as leaving the ECHR, amending the Equality Act, and revising judicial review may be necessary. These reforms are means to an end: making society safer by removing significant terror threats.

Policy Details

Shamima’s Law would:

a. Targeted Scope: Apply to British citizens who are either:

• Listed on a terrorism watch list maintained by UK security services.

• Assessed by the Home Secretary as posing a terror risk based on credible intelligence (e.g., association with proscribed groups like IS).

b. Citizenship Deprivation:

• The Home Secretary may revoke citizenship regardless of whether the individual holds or is eligible for another nationality.

• For non-naturalized citizens, statelessness would be permitted if deemed necessary for national security.

c. Deportation Process:

• Individuals would be deported to a safe third country willing to accept them or detained in a designated facility pending international agreements.

• Deportation would follow a streamlined process, with appeals limited to the Special Immigration Appeals Commission (SIAC).

• The Home Secretary may cancel visas from third countries unwilling to accept former UK citizens with family origins in their country.

d. Safeguards:

• Mandatory review by an independent panel to assess human rights impacts, including trafficking or coercion.

• Right to appeal within 28 days, with remote hearings if the individual is outside the UK.

e. Implementation:

• The Home Office, MI5, and Foreign Office would collaborate to identify targets and negotiate deportation agreements.

• Annual parliamentary reports would detail deprivations, deportations, and statelessness outcomes.

Appendix: Draft Bill – Shamima’s Law

A Bill to enable the revocation of British citizenship and deportation of individuals on terrorism watch lists or deemed a terror risk, regardless of eligibility for another citizenship, and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

• Power to Deprive Citizenship (1) The Secretary of State may by order deprive a person of their British citizenship status if: (a) the person is: (i) listed on a terrorism watch list maintained by UK security services, or (ii) assessed by the Secretary of State as posing a risk of terrorism based on credible intelligence; and (b) the deprivation is deemed necessary for reasons of national security. (2) An order under subsection (1) may be made regardless of whether the deprivation renders the person stateless.

• Deportation (1) A person deprived of British citizenship under section 1 shall be subject to: (a) deportation to a safe third country willing to accept them, or (b) detention in a designated facility pending an international agreement for deportation. (2) The Secretary of State must ensure deportation complies with the principle of non-refoulement under international law.

• Safeguards (1) Before making an order under section 1, the Secretary of State must: (a) consult an independent panel to assess human rights impacts, including risks of statelessness and trafficking; (b) consider whether the person was a victim of trafficking or coercion at the time of their actions. (2) The person shall have the right to appeal the deprivation order to the Special Immigration Appeals Commission (SIAC) within 28 days. (3) Appeals may be conducted remotely if the person is outside the United Kingdom.

• Reporting (1) The Secretary of State must lay an annual report before Parliament detailing: (a) the number of citizenship deprivations and deportations under this Act; (b) the number of individuals rendered stateless; (c) the outcomes of any appeals to SIAC or higher courts.

• Interpretation In this Act:

• “Terrorism watch list” means a list maintained by UK security services identifying individuals suspected of terrorism-related activities.

• “Terror risk” means a credible threat to national security as assessed by the Secretary of State based on intelligence.

• “Safe third country” means a country deemed safe by the Secretary of State in accordance with international human rights obligations.

• Extent, Commencement, and Short Title (1) This Act extends to the whole of the United Kingdom. (2) This Act comes into force three months after receiving Royal Assent. (3) This Act may be cited as the Shamima’s Act 2025.