Daniel L. Pines (Central Intelligence Agency) has posted Overseas Lawful Permanent Resident Terrorists: The Novel Approach for Revoking Their LPR Status (San Diego Law Review, Vol. 51, No. 209, 2014) on SSRN. Here is the abstract:
Lawful Permanent Residents (LPRs, aka "Green Card Holders") are usually law-abiding individuals living and working in the United States, seeking eventually to become naturalized U.S. citizens. A small but significant number of LPRs, however, no longer reside in the United States, and are not law-abiding, but instead are affiliated with overseas terrorist organizations. The U.S. Constitution and various U.S. statutes and Executive Orders -- to include the Privacy Act and the Foreign Intelligence Surveillance Act -- protect these out-of-status terrorist LPRs, thus hindering the ability of the United States government to find them, collect information on them, share information about them, acquire evidence to prosecute them and even take action to prevent them from carrying out terrorist attacks. Despite this, there appears to have been no attempt by the U.S. Government to revoke the LPR status of these individuals so that such restrictions no longer apply. Indeed, it appears the issue has never even been raised in any court case, Congressional report, scholarly analysis, or media publication. This article therefore explores the legal rights and protections of overseas LPRs, an area lacking almost any legal precedent or scholarly discussion, in order to outline the novel argument for the U.S. government to use existing law to revoke the status of out-of-status LPR terrorists.