Trump Administration Intensifies Denaturalization Efforts for Foreign-Born Americans
Increased Denaturalization Actions by the Trump Administration
The Trump administration is amplifying its initiatives to revoke US citizenship from numerous foreign-born individuals, assigning denaturalization cases to local prosecutors nationwide. This shift could lead to a notable rise in such actions, as the Justice Department has pinpointed 384 naturalized citizens whose citizenship is under scrutiny, according to sources familiar with the situation. Senior officials at the DOJ informed their teams last week that civil litigators in 39 US attorney’s offices will soon take on these cases. Historically, denaturalization matters have been overseen by a specialized group of immigration law professionals in Washington, D.C. Transferring this responsibility to local prosecutors may significantly increase the number of individuals facing citizenship revocation.
Under US law, citizenship can be revoked by a federal court if it was acquired through fraudulent means, such as concealing a criminal record, entering into a fake marriage, or providing false information on naturalization applications. Additionally, individuals who commit serious crimes after gaining citizenship may also be subject to denaturalization. This process necessitates substantial evidence and must proceed through either civil or criminal court, making it a lengthy and complex endeavor. A spokesperson for the Justice Department stated that they are pursuing the highest number of denaturalization referrals in history from the Department of Homeland Security, emphasizing their commitment to eliminating criminal aliens who have defrauded the naturalization process.
A representative from the White House reiterated this position, asserting that anyone who obtained citizenship through deceit will face consequences. This initiative is part of the Trump administration's wider immigration enforcement strategy, following directives to the Department of Homeland Security to refer up to 200 potential denaturalization cases monthly to the Justice Department. From 2017 until late last year, the government sought to revoke citizenship from just over 120 naturalized individuals, a stark contrast to the pre-Trump era, where such cases averaged around 11 annually from 1990 to 2017.
Legal experts caution that broadening denaturalization efforts could instill fear among millions of naturalized citizens, who otherwise possess nearly the same rights as native-born Americans, with the notable exception of not being eligible to run for president. Amanda Frost, a law professor at the University of Virginia, remarked that this sends a message implying that naturalized citizens lack the same rights and security as those born in the US. She pointed out that historically, the government has occasionally used denaturalization as a tool against individuals perceived as political adversaries.
During a recent meeting, Francey Hakes, director of the Executive Office for United States Attorneys, referred to the 384 cases as merely 'the first wave.' She acknowledged that many civil divisions within US attorney’s offices are already understaffed and burdened with lawsuits from immigrants contesting their detentions. Critics argue that this initiative is excessive. Lucas Guttentag, a Stanford Law School professor and former DOJ official, labeled it 'a distortion of the law' and 'another transparent effort to undermine long-standing principles of US citizenship.' He noted that legitimate fraud cases have always been pursued vigorously.
In recent months, the government has initiated denaturalization proceedings against various individuals, including a Ghanaian Marine court-martialed for a sexual offense, an Argentine man accused of falsely claiming Cuban nationality to obtain citizenship, and a Nigerian man convicted in a tax fraud scheme.