In their desperation, several have been taking their struggle to the courts. Fabien Lehagre, a French citizen who is also an “accidental American” because he was born in California, wants to invoke the EU’s data-privacy laws to have FATCA declared illegal in Europe. A U.S.-British dual citizen calling herself “Jenny” is trying to crowdfund a legal odyssey to do something similar in the U.K. Another challenge is underway in Canada. Occasionally, there are even small victories.
But on the whole, Americans abroad feel ostracized by their own country. Like their fellow citizens back home, they’re caught up in the tribal clash between Republicans and Democrats. But when it comes to acknowledging the hardship of expats, the Democrats have mostly refused to listen. The GOP has since 2016 called for the abolition of FATCA and citizenship-based taxation in its platform. But the few Republicans who've tried to effect change have so far failed.
If the estimated 9 million Americans living abroad were recognized as a political geography, they would rank ahead of 40 states by population. Their ill treatment by the U.S. tax and compliance regime would be headline news, and probably solved in a bipartisan tweak of common sense. But they’re not a bloc. Like much about American democracy, this discrimination seems unfair. And yet, these millions of voices must be heard.
Andreas Kluth is a columnist for Bloomberg Opinion. He was previously editor in chief of Handelsblatt Global and a writer for the Economist. He's the author of "Hannibal and Me."