The Justice Department has intensified its focus on denaturalization, aiming to strip U.S. citizenship from naturalized citizens involved in certain criminal activities, according to a recent memo directing attorneys to prioritize such cases.
The Department of Justice (DOJ) is placing a strong emphasis on denaturalization efforts, targeting naturalized Americans who have committed certain crimes, as per a June 11 memo. The initiative grants U.S. attorneys broader discretion in pursuing these cases and is aimed at individuals who were not born in the United States. According to 2023 data, there are nearly 25 million immigrants who hold naturalized citizenship.
One recent example of this policy in action is the case of Elliott Duke, a military veteran originally from the United Kingdom. Duke, who uses they/them pronouns, has had their citizenship revoked after being convicted of distributing child sexual abuse material, an activity they admitted to engaging in before becoming a U.S. citizen.
Denaturalization, a tactic that saw significant use during the McCarthy era and more recently under former Presidents Obama and Trump, is employed to remove citizenship from individuals who may have lied about criminal backgrounds or affiliations with illegal organizations on their applications. The current directive from Assistant Attorney General Brett A. Shumate indicates that such proceedings will be a top priority for the DOJ’s Civil Division.
“The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence,” Shumate noted in the memo.
This focus on denaturalization marks the latest step by the Trump administration to transform the U.S. immigration system fundamentally. Other actions have included attempts to end birthright citizenship and reduce refugee admissions.
Legal experts have voiced significant constitutional concerns regarding the potential implications for the families of naturalized citizens. According to Cassandra Robertson, a law professor at Case Western Reserve University, civil litigation for denaturalization raises issues of due process violations, as those involved are not entitled to government-provided legal representation, and the burden of proof is lower than in criminal cases.
Critics argue that this could lead to a “second class of U.S. citizens,” with those naturalized at greater risk of losing their citizenship. Sameera Hafiz from the Immigrant Legal Resource Center expressed shock at the administration’s expansion plans for denaturalization.
However, Hans von Spakovsky of the Heritage Foundation supports the measures, stating that the privilege of U.S. citizenship should be revoked from those who engage in serious criminal behavior.
The DOJ memo outlines expanded criteria for denaturalization, including national security violations and fraud crimes like those involving the Paycheck Protection Program or Medicare. Additionally, U.S. attorneys have been granted “wide discretion” in pursuing other cases deemed important by the Civil Division, leading to concerns about the government’s broad authority in these matters.
Steve Lubet, professor emeritus at Northwestern University, highlighted the vagueness of these categories and their potential overreach. He also raised concerns about the ripple effects on families, particularly children whose citizenship derives from a parent facing denaturalization.
The case of Elliott Duke illustrates the potential consequences for those caught in denaturalization proceedings. Duke, who was convicted of offenses before completing the naturalization process, is now effectively stateless and unable to challenge the legal decision without difficulty.
The push toward denaturalization parallels actions taken during the McCarthy era, characterized by intense scrutiny and removal of citizenship from thousands, until a 1967 Supreme Court ruling curtailed such practices. Recent technological advances under the Obama administration facilitated the identification of potential denaturalization cases, leading to an uptick in these actions during Trump’s first term.
Despite concerns about expanding the criteria for denaturalization, experts like Robertson question the scope of cases that actually warrant such action. She suggests that intensified enforcement might target individuals with minimal infractions, aligning with broader trends in immigration enforcement under the current administration.
Source: Original article