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Mr. Pompeo's statement did not explain why the State Department did not consider Ms. Muthana a citizen. But US officials seem to oppose their argument not to allow it to return to an exception provided by law.
Muthana's father was a Yemeni diplomat, and children born in the United States of active diplomats do not have copyright citizenship, as diplomats are under the jurisdiction of their home country.
This law does not apply in the case of Mrs. Muthana, said Charlie Swift, director of the Center for Constitutional Law for Muslims of America, who represents his family. Muthana, he said, was born a month after his father was removed from his position as United Nations diplomat.
After entering Islamic State, Mr. Swift testified that Ms. Muthana's family received a letter stating that her passport had been revoked. His father sent the government proof of his non-diplomatic status at the time of his daughter's birth, but received no response.
Mr. Swift stated that Ms. Muthana had in fact seen her issue two US passports: one for her childhood and a renewal that she had requested herself just before leaving for Syria. In the first case, he claims that his father provided a letter from the United Nations proving that he had been released, in order to overcome the jurisdictional problem.
Hassan Shibly, counsel for the Florida-based Council for American-Islamic Relations in Florida, gave Muthana a birth certificate which showed that she was born in Hackensack, New Jersey, on October 28, 1994.
Mr. Shibly stated that his father had left the diplomatic service in June 1994. He then sent a photo of a document bearing the US Mission's letterhead to the United States. United Nations, signed by one of its representatives in 2004, dated from the end of its service until 1 September 1994. Ms. Muthana, said Mr. Shibly, "tries to surrender to the authorities and the consequences of its actions ".
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