Tuesday, July 1, 2025 - The United States' Justice Department is aggressively prioritizing efforts to strip some Americans of their U.S. citizenship.
Department leadership is directing its attorneys to
prioritize denaturalization in cases involving naturalized citizens who commit
certain crimes and giving district attorneys wider discretion on when to pursue
this tactic, according to a June 11 memo published online.
The move is aimed at U.S. citizens who were not born in the
country. According to data from 2023, close to 25 million immigrants were
naturalized citizens.
At least one person has already been denaturalized in recent
weeks. On June 13, a judge ordered the revocation of the citizenship
of Elliott Duke, who uses they/them pronouns. Duke is an American military
veteran originally from the U.K. who was convicted for distributing child
s£xual abuse material — something they later admitted they were doing prior to
becoming a U.S. citizen.
Denaturalization is meant to strip citizenship from those
who may have lied about their criminal convictions or membership in illegal
groups like the Nazi party, or communists during McCarthyism, on their
citizenship applications.
Assistant Attorney General Brett A. Shumate wrote in the
memo that pursuing denaturalization will be among the agency's top five
enforcement priorities for the civil division.
"The Civil Division shall prioritize and maximally pursue denaturalization
proceedings in all cases permitted by law and supported by the evidence,"
he said.
The focus on denaturalization is just the latest step by the
Trump administration to reshape the nation's immigration system across all
levels of government, turning it into a major focus across multiple federal
agencies. That has come with redefining who is let into the United States or
has the right to be an American.
Since his return to office, the president has sought to
end birthright citizenship and scale back refugee
programs.
But immigration law experts expressed serious concerns about
the effort's constitutionality, and how this could impact families of
naturalized citizens.
The DOJ memo says that the federal government will pursue
denaturalization cases via civil litigation, which Cassandra Robertson, a law
professor at Case Western Reserve University, says is a concerning move.
In civil proceedings, any individual subject to
denaturalization is not entitled to an attorney, Robertson said. There is also
a lower burden of proof for the government to reach, and it is far easier and
faster to reach a conclusion in these cases.
Robertson says that stripping Americans of citizenship
through civil litigation violates due process and infringes on the rights
guaranteed by the 14th Amendment.
Hans von Spakovsky, with the conservative Heritage
Foundation, supports the DOJ's denaturalization efforts.
Spakovsky said: "I do not understand how anyone could
possibly be opposed to the Justice Department taking such action to protect the
nation from obvious predators, criminals, and terrorists."
As for the due process concerns, von Spakovsky said,
"Nothing prevents that alien from hiring their own lawyer to represent
them. They are not entitled to have the government — and thus the American
taxpayer — pay for their lawyer."
"That is not a 'due process' violation since all
immigration proceedings are civil matters and no individuals— including
American citizens — are entitled to government-furnished lawyers in any type of
civil matter," he added.
According to this new memo, the DOJ is expanding its
criteria of which crimes put individuals at risk of losing their
citizenship. That includes national security violations and committing
acts of fraud against individuals or against the government, like Paycheck
Protection Program loan fraud or Medicaid or Medicare fraud.
"To see that this administration is plotting out how
they're going to expand its use in ways that we have not seen before is very
shocking and very concerning," said Sameera Hafiz, policy director of the
Immigration Legal Resource Center, a national advocacy
organization providing legal training in immigration law.
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