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French Proposal to Strip Citizenship Over Terrorism Sets Off Alarms French Proposal to Strip Citizenship Over Terrorism Sets Off Alarms
(about 20 hours later)
PARIS — The French police have carried out thousands of heavy-handed searches since the Nov. 13 Paris attacks, and a raft of new laws is poised to permanently concentrate even more power in the hands of the Interior Ministry.PARIS — The French police have carried out thousands of heavy-handed searches since the Nov. 13 Paris attacks, and a raft of new laws is poised to permanently concentrate even more power in the hands of the Interior Ministry.
Yet among civil libertarians, no government proposal has raised as much alarm as a recent one to strip citizenship from French-born dual nationals convicted of terrorism.Yet among civil libertarians, no government proposal has raised as much alarm as a recent one to strip citizenship from French-born dual nationals convicted of terrorism.
The idea, promoted by Prime Minister Manuel Valls, a Socialist with a conservative twitch, has struck at the core of France’s ideals of the rights of citizens, while underscoring the quandary the government faces as it confronts a widening threat from terrorists born and raised in France.The idea, promoted by Prime Minister Manuel Valls, a Socialist with a conservative twitch, has struck at the core of France’s ideals of the rights of citizens, while underscoring the quandary the government faces as it confronts a widening threat from terrorists born and raised in France.
While the proposal to strip them of citizenship — known here as “déchéance,” or “forfeiture” — is backed by the right and much of the public, it has provoked furious debate and outraged the left, including many of Mr. Vall’s colleagues in the Socialist Party. While the proposal to strip them of citizenship — known here as “déchéance,” or “forfeiture” — is backed by the right and much of the public, it has provoked furious debate and outraged the left, including many of Mr. Valls’s colleagues in the Socialist Party.
Mr. Valls has described the measure as “highly symbolic.” But critics fear that it would deepen fissures in French society by creating two classes of citizens.Mr. Valls has described the measure as “highly symbolic.” But critics fear that it would deepen fissures in French society by creating two classes of citizens.
Socialists are usually extremely reluctant to distinguish between French citizens, said Patrick Weil, the country’s leading historian on immigration. “The principle of equality is one of the pillars of French identity,” he said. “That he wants to distinguish between French citizens is creating a tsunami. It’s a terrible break with the fundamental principles of the French republic.”Socialists are usually extremely reluctant to distinguish between French citizens, said Patrick Weil, the country’s leading historian on immigration. “The principle of equality is one of the pillars of French identity,” he said. “That he wants to distinguish between French citizens is creating a tsunami. It’s a terrible break with the fundamental principles of the French republic.”
At the same time, opponents of the plan point out that such a change in the law would hardly deter would-be terrorists. No one has been able to envision a situation in which a binational French suicide bomber might not press the button for fear of losing citizenship.At the same time, opponents of the plan point out that such a change in the law would hardly deter would-be terrorists. No one has been able to envision a situation in which a binational French suicide bomber might not press the button for fear of losing citizenship.
Most of the terrorists who killed 130 people in a string of attacks in and around Paris on Nov. 13 were French and not among the country’s 3.3 million or so dual nationals.Most of the terrorists who killed 130 people in a string of attacks in and around Paris on Nov. 13 were French and not among the country’s 3.3 million or so dual nationals.
But eager to show toughness, the Socialist government under Mr. Valls and President François Hollande has tiptoed to the right in the wake of the attacks, conscious of the need to reassure a nervous public, the building presidential election campaign and the lingering political threat from the far right.But eager to show toughness, the Socialist government under Mr. Valls and President François Hollande has tiptoed to the right in the wake of the attacks, conscious of the need to reassure a nervous public, the building presidential election campaign and the lingering political threat from the far right.
Mr. Valls insisted in a television interview Wednesday night that “you are French because you adhere to a community.”Mr. Valls insisted in a television interview Wednesday night that “you are French because you adhere to a community.”
“This strict measure applies to terrorists who have been convicted of especially grave crimes, and it is because they have broken the contract,” Mr. Valls said, adding that “it is a way of consolidating the national pact.”“This strict measure applies to terrorists who have been convicted of especially grave crimes, and it is because they have broken the contract,” Mr. Valls said, adding that “it is a way of consolidating the national pact.”
A constitutional reform measure including the “forfeiture” proposal is now scheduled for debate in Parliament early next month.A constitutional reform measure including the “forfeiture” proposal is now scheduled for debate in Parliament early next month.
As the date approaches, politicians, editorial writers and academics have filled newspapers and airwaves with scathing denunciations, calling the proposal un-French.As the date approaches, politicians, editorial writers and academics have filled newspapers and airwaves with scathing denunciations, calling the proposal un-French.
Some have even described it as an echo of the dark days of the Vichy regime, which collaborated with Germany during World War II and stripped thousands of naturalized French Jews of citizenship, making them stateless and more vulnerable.Some have even described it as an echo of the dark days of the Vichy regime, which collaborated with Germany during World War II and stripped thousands of naturalized French Jews of citizenship, making them stateless and more vulnerable.
The mayor of Paris, Anne Hidalgo, a Socialist, said the idea “enraged” and “unhinged” her. Jean-Luc Mélenchon, a leader on the far left, said it made him “nauseous.” Thomas Piketty, the economist and best-selling author, was quoted as saying in the newspaper Libération that the government had added “infamy” to “incompetence.”The mayor of Paris, Anne Hidalgo, a Socialist, said the idea “enraged” and “unhinged” her. Jean-Luc Mélenchon, a leader on the far left, said it made him “nauseous.” Thomas Piketty, the economist and best-selling author, was quoted as saying in the newspaper Libération that the government had added “infamy” to “incompetence.”
Two Socialist lawmakers — nominally on the government’s side — called it “profoundly inegalitarian” in Thursday’s editions of the newspaper Le Monde. Mr. Hollande’s forfeiture idea “dissipated his moral authority,” Gérard Grunberg, a leading historian of the Socialists, said in the same newspaper.Two Socialist lawmakers — nominally on the government’s side — called it “profoundly inegalitarian” in Thursday’s editions of the newspaper Le Monde. Mr. Hollande’s forfeiture idea “dissipated his moral authority,” Gérard Grunberg, a leading historian of the Socialists, said in the same newspaper.
The reaction of the public has been far less heated, with polls suggesting that a large majority supports the idea of taking citizenship away from French-born terrorists, even if nobody considers it the antiterrorism silver bullet.The reaction of the public has been far less heated, with polls suggesting that a large majority supports the idea of taking citizenship away from French-born terrorists, even if nobody considers it the antiterrorism silver bullet.
The right-wing opposition and the far-right National Front have sullenly accepted the government proposal, grumbling that it was their idea.The right-wing opposition and the far-right National Front have sullenly accepted the government proposal, grumbling that it was their idea.
Indeed, much of the antipathy on the left appears to be based on the fact that the idea originated on France’s far right, as many Socialists, with unwitting candor, have acknowledged.Indeed, much of the antipathy on the left appears to be based on the fact that the idea originated on France’s far right, as many Socialists, with unwitting candor, have acknowledged.
The government insists it will not back down, perhaps more accurately reading the mood of the frightened public than Socialist Party notables and the intellectuals who object.The government insists it will not back down, perhaps more accurately reading the mood of the frightened public than Socialist Party notables and the intellectuals who object.
Mr. Valls, in the interview Wednesday night, tried to dampen the furor, saying that the proposal was aimed only at “Frenchmen who had undertaken to destroy our values.”Mr. Valls, in the interview Wednesday night, tried to dampen the furor, saying that the proposal was aimed only at “Frenchmen who had undertaken to destroy our values.”
The French proposal follows a similar step by Britain, which in 2014 passed legislation allowing the government to strip terrorism suspects of their citizenship, even if it renders them stateless.The French proposal follows a similar step by Britain, which in 2014 passed legislation allowing the government to strip terrorism suspects of their citizenship, even if it renders them stateless.
In the United States, punitive citizenship stripping “would face a clear constitutional bar,” Peter J. Spiro, a constitutional law expert at Temple University, said in an email.In the United States, punitive citizenship stripping “would face a clear constitutional bar,” Peter J. Spiro, a constitutional law expert at Temple University, said in an email.
As France continues in its semi-lockdown mode — personal searches are now routine at shopping centers and public events like plays and concerts — it is the citizenship proposal that is grabbing headlines.As France continues in its semi-lockdown mode — personal searches are now routine at shopping centers and public events like plays and concerts — it is the citizenship proposal that is grabbing headlines.
Civil libertarians and others contend that the debate over citizenship forfeiture has obscured other antiterrorism proposals of potentially far greater consequence.Civil libertarians and others contend that the debate over citizenship forfeiture has obscured other antiterrorism proposals of potentially far greater consequence.
Judges’ unions, law experts and French news analysts say many of the steps Parliament is expected to pass would permanently invest broad power in the hands of officials under the Interior Ministry — the police, prosecutors and prefects — at the expense of the independent judiciary.Judges’ unions, law experts and French news analysts say many of the steps Parliament is expected to pass would permanently invest broad power in the hands of officials under the Interior Ministry — the police, prosecutors and prefects — at the expense of the independent judiciary.
For instance, night searches of homes — subject to strict judicial controls in the past — would become easier to order under the new proposals for antiterrorism investigations.For instance, night searches of homes — subject to strict judicial controls in the past — would become easier to order under the new proposals for antiterrorism investigations.
Searches of vehicles and luggage could be authorized by prefects, working under the authority of the Interior Ministry, instead of by prosecutors, and the police would be able to hold and question suspects for four hours even if they had identity papers — a practice that is currently not followed.Searches of vehicles and luggage could be authorized by prefects, working under the authority of the Interior Ministry, instead of by prosecutors, and the police would be able to hold and question suspects for four hours even if they had identity papers — a practice that is currently not followed.
House arrests ordered by the Interior Ministry would be easier to carry out against those suspected of having taken part in terrorism abroad.House arrests ordered by the Interior Ministry would be easier to carry out against those suspected of having taken part in terrorism abroad.
“We are edging away from a state where there is a rule of law, to a police state,” said Céline Parisot of the Union Syndicale des Magistrats, a judges’ union. “It’s very disturbing.”“We are edging away from a state where there is a rule of law, to a police state,” said Céline Parisot of the Union Syndicale des Magistrats, a judges’ union. “It’s very disturbing.”