The Collateral Consequences of Banishment

Abstract

Abstract This chapter argues that political communities should not deny citizenship and its protections to children based on their parents’ allegiances or alleged offenses at the time of their child’s birth. Citizenship deprivation is an intergenerational punishment when children lose entitlement to citizenship at birth based on their parent’s denationalization, as is the case for stateless children born abroad to parents affiliated with a terrorist organization. As for the collateral consequences of anti-terrorism sanctions, the primary concern in this chapter is to ensure that the dependents of suspects and offenders do not lose status-based entitlements to citizenship and its rights based on their parents’ actions. The author then questions whether harsh retributory punishments including citizenship deprivation, banishment, and execution are warranted for political crimes committed by minors.