The U.S. Department of Justice (DOJ) is intensifying efforts to revoke the citizenship of naturalized Americans who have committed crimes, aligning with the Trump administration’s broader immigration policies.
The recent initiative by the DOJ emphasizes denaturalization, focusing on individuals involved in activities categorized under “war crimes,” “extrajudicial killings,” “human rights abuses,” and those posing ongoing threats, including terrorism. The directive is part of a memo, urging the DOJ’s Civil Division to prioritize these cases to the full extent permitted by law and supported by evidence.
This development marks a significant escalation in the Trump administration’s immigration agenda, which seeks to target not just undocumented immigrants but also lawful permanent residents and naturalized citizens.
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident, following criteria set by Congress in the Immigration and Nationality Act (INA). According to U.S. Citizenship and Immigration Services (USCIS), there were 24.5 million naturalized citizens in the U.S. in 2022, accounting for 53% of the immigrant population, based on data analyzed by the Migration Policy Institute.
The path to naturalization is rigorous, requiring individuals to be lawful permanent residents for a minimum of five years—exceptions are made for spouses of U.S. citizens and U.S. military members—and to possess proficiency in English as well as an understanding of U.S. history and government.
The shift towards increased denaturalization began under the Obama administration, as noted by Cassandra Burke Robertson, a law professor at Case Western Reserve University. The rise was due in part to improved digital tools for identifying cases of naturalization fraud. The trend has accelerated under the Trump administration, which has been actively pursuing denaturalization at unprecedented levels.
Statistics from the DOJ indicate at least 305 denaturalization cases were filed between 1990 and 2017, with the number surging during Trump’s first term. From January 2017 to August 2018, USCIS reviewed approximately 2,500 cases for possible denaturalization, referring over 110 cases to the DOJ for prosecution.
The recent memo from Assistant Attorney General Brett Shumate includes denaturalization among the top five priorities for the DOJ’s Civil Division. Denaturalization is pursued in instances where individuals have allegedly obtained citizenship fraudulently by concealment of material facts or willful misrepresentation.
Concerns over the constitutional aspects of these efforts have been voiced, with Robertson arguing that civil litigation to strip citizenship may violate due process under the 14th Amendment. The DOJ’s approach allows for the potential use of denaturalization as a tool against free speech, targeting individuals and institutions for allegations ranging from antisemitism to criticism of U.S. foreign policy.
The DOJ has already denaturalized individuals in cases involving serious criminal convictions. One case involved the revocation of citizenship from a person convicted of collecting and distributing child sexual abuse material.
This DOJ initiative reflects a broader strategy by the Trump administration to leverage immigration policy as a means to address national security and public safety concerns, often amidst debate over the balance between enforcement and civil liberties.
Source: Original article