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Thomas Glenn Jolley (January 26, 1944 – March 20, 2014) was an anti-Vietnam War protester who renounced his U.S. citizenship in Canada. Soon after his renunciation, Jolley crossed back into the U.S. and began working in Florida. A U.S. federal court ruled that he was deportable, but the
Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003. Refe ...
could not actually deport him to Canada because he had lost his Canadian-landed immigrant status. He died in
Asheville, North Carolina Asheville ( ) is a city in Buncombe County, North Carolina, United States. Located at the confluence of the French Broad River, French Broad and Swannanoa River, Swannanoa rivers, it is the county seat of Buncombe County. It is the most populou ...
, at the age of 70.


Early life and renunciation

Jolley was born in
Greensboro, North Carolina Greensboro (; ) is a city in Guilford County, North Carolina, United States, and its county seat. At the 2020 United States census, 2020 census, its population was 299,035; it was estimated to be 307,381 in 2024. It is the List of municipalitie ...
. He grew up in
Bremen, Georgia Bremen ( ) is a city in Haralson County, Georgia, Haralson and Carroll County, Georgia, Carroll counties, Georgia (U.S. state), Georgia, United States. As of the 2020 United States census, 2020 census, the city had a population of 7,185 up from ...
, and went on to attend the
University of Georgia The University of Georgia (UGA or Georgia) is a Public university, public Land-grant university, land-grant research university with its main campus in Athens, Georgia, United States. Chartered in 1785, it is the oldest public university in th ...
before transferring to the
Georgia Institute of Technology The Georgia Institute of Technology (commonly referred to as Georgia Tech, GT, and simply Tech or the Institute) is a public university, public research university and Institute of technology (United States), institute of technology in Atlanta, ...
; he initially hoped to study to become an architect, but he later changed his course of study to journalism. He registered for the
Selective Service System The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and o ...
and was given a II-S student deferment. He married Margaret Elizabeth Thompson of
Atlanta Atlanta ( ) is the List of capitals in the United States, capital and List of municipalities in Georgia (U.S. state), most populous city in the U.S. state of Georgia (U.S. state), Georgia. It is the county seat, seat of Fulton County, Georg ...
on November 6, 1966. In January or February 1967, he withdrew from university. He attempted to obtain 1-O
conscientious objector A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
status, but was denied, and was instead classified 1-A (available for induction). After twice being ordered to report for induction, he was arrested by the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
in February 1967 and charged with violating the Selective Service Act. He then crossed the border into Canada with his American wife, obtained
landed immigrant The permanent resident card () also known colloquially as the PR card or the Maple Leaf card, is an identification document and a travel document that shows that a person has permanent residency in Canada. It is one of the methods by which Can ...
status there (though not
Canadian citizenship Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act, which came into force on February 15, 1977 and is applicable to all provinces and ...
), and in May went to the United States Consulate in
Toronto Toronto ( , locally pronounced or ) is the List of the largest municipalities in Canada by population, most populous city in Canada. It is the capital city of the Provinces and territories of Canada, Canadian province of Ontario. With a p ...
and renounced his citizenship. His oath of renunciation was signed before U.S. Consul Richard J. Dols.


Deportation case

Jolley later returned to the United States, apparently via
Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
. He then went south and began working as a news reporter for the ''
Tallahassee Democrat The ''Tallahassee Democrat'' is a daily broadsheet newspaper. It covers the area centered on Tallahassee in Leon County, Florida, as well as adjacent Gadsden County, Jefferson County, and Wakulla County. The newspaper is owned by Gannett ...
'' in
Tallahassee, Florida Tallahassee ( ) is the List of capitals in the United States, capital city of the U.S. state of Florida. It is the county seat of and the only incorporated municipality in Leon County, Florida, Leon County. Tallahassee became the capital of Fl ...
, while his wife enrolled in graduate school at
Florida State University Florida State University (FSU or Florida State) is a Public university, public research university in Tallahassee, Florida, United States. It is a senior member of the State University System of Florida and a preeminent university in the s ...
. After the news of his situation went public, ''Democrat'' managing editor William Phillips, who made the decision to hire Jolley, commented that the paper had received equal numbers of letters of support and
hate mail Hate mail (as electronic, posted, or otherwise) is a form of harassment, usually consisting of invective and potentially intimidating or threatening comments towards the recipient. Hate mail often contains exceptionally abusive, foul or otherwi ...
for its decision not to fire Jolley. The U.S. government ordered Jolley deported, but he did not depart the country voluntarily, and so on February 22, 1968, he was again arrested by FBI agents. He was released on a $3,000 bond pending formal deportation proceedings against him. U.S. media described him as a " draft evader". Others called him a "modern-day Philip Nolan", a reference to the main character of the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
short story ''
The Man Without a Country "The Man Without a Country" is a short story by American writer Edward Everett Hale, first published in ''The Atlantic'' in December 1863. It is the story of a young American officer who declares himself disgusted with his country during a ...
''. Represented by attorney
Peter Rindskopf Peter Eric Rindskopf (July 25, 1942 – October 9, 1971) was an American civil rights lawyer. Early life The only son of Rear Admiral Maurice H. Rindskopf and Sylvia Lubow Rindskopf, he was born in 1942 in Connecticut. His father, then a lieutenan ...
, Jolley appealed his case to the
Board of Immigration Appeals The Board of Immigration Appeals (BIA) is an administrative appellate court, appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration ...
in April 1969, but the Board ruled against him in March 1970. He appealed again to the
Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
, which, in April 1971, also ruled against him. The court struck down his argument that his renunciation was involuntary because he was being forced into military service, instead ruling that it indeed constituted voluntary relinquishment within the meaning of ''
Afroyim v. Rusk ''Afroyim v. Rusk'', 387 U.S. 253 (1967), was a landmark decision of the Supreme Court of the United States, which ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attemp ...
''. However,
Richard Rives Richard Taylor Rives (January 15, 1895 – October 27, 1982) was an American lawyer and judge. A native of Alabama, he was the sole Democrat among the " Fifth Circuit Four," four United States circuit judges of the United States Court of Appeal ...
wrote a dissenting opinion arguing that the U.S. government should allow Jolley's appeal and prosecute him for draft evasion instead. Jolley attempted to appeal the Fifth Circuit's ruling to the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
, but not a single justice recommended granting ''certiorari'', meaning the Court would not hear his case. After this news came out, Jolley stated that he would not pursue further any further legal actions.


Aftermath

Jolley was thus declared deportable, but before he could be deported, another country would have to be found to accept him. A spokesman for the
Department of Citizenship and Immigration Canada Immigration, Refugees and Citizenship Canada (IRCC; )Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Department of Citizenship and Immigration (). is the depart ...
stated that Jolley may have lost his landed immigrant status due to his long absence from Canada, but he could apply for immigration permission again at a Canadian port of entry. Jolley was given 90 days to voluntarily depart the country, failing which the government would commence
removal proceedings In the United States, removal proceedings are administrative proceedings to determine an individual's removability under federal immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigr ...
on February 7, 1972, but in January that year, Representatives
Phillip Burton Phillip Burton (June 1, 1926 – April 10, 1983) was an American politician who served in the United States House of Representatives from California from 1964 until his death in 1983. He was a member of the Democratic Party and represented Cali ...
and
Ron Dellums Ronald Vernie Dellums (November 24, 1935 – July 30, 2018) was an American politician who served as Mayor of Oakland from 2007 to 2011. He had previously served thirteen terms as a Member of the U.S. House of Representatives from California ...
(both D-CA) sponsored separate private bills to grant a green card to Jolley, and the
House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...
asked the
Department of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
to provide a full report about Jolley. The removal process was suspended while the bill was under consideration. The following year, Dellums sponsored another
private bill Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. A private bill is a proposal for a law affecting only a single person, group, or are ...
to the same effect, but no further action was taken in 2021. By January 1974, Jolley still had not been deported and was living in
Morgantown, West Virginia Morgantown is a city in Monongalia County, West Virginia, United States, and its county seat. It is situated along the Monongahela River in North Central West Virginia and is the home of West Virginia University. The population was 30,347 at the 2 ...
. The ''
Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
'' reported that "Canada, which has no legal obligation to take Jolley back, does not want him back", and quoted an
Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003. Refe ...
spokesman as stating that the government had "no choice but to let him live here". With no country to which he could be deported, it was expected that he might spend the rest of his life living in the United States as a deportable alien. He died in
Asheville, North Carolina Asheville ( ) is a city in Buncombe County, North Carolina, United States. Located at the confluence of the French Broad River, French Broad and Swannanoa River, Swannanoa rivers, it is the county seat of Buncombe County. It is the most populou ...
, at the age of 70 on March 20, 2014, from undisclosed causes.


References

{{DEFAULTSORT:Jolley, Thomas 1944 births 2014 deaths American anti–Vietnam War activists American emigrants to Canada Vietnam War draft evaders People from Greensboro, North Carolina Former United States citizens Stateless people People from Bremen, Georgia Activists from North Carolina