President Donald Trump is taking his immigration stance to the next level with his latest move. The Department of Justice (DOJ) has expanded efforts to strip citizenship from naturalized Americans, particularly in cases involving fraud or criminal convictions.
“Stripping Americans of citizenship through civil litigation violates due process and infringes on the rights guaranteed by the 14th Amendment,” said Cassandra Robertson, law professor at Case Western Reserve University, speaking to NPR.
In an internal memo dated June 11, reviewed by The Guardian, the department placed denaturalization among its top five enforcement priorities.
What is denaturalization? And what can cause it?
A naturalized U.S. citizen can lose their citizenship, but it is rare and requires specific circumstances. The process is called denaturalization, and it usually happens through a legal process in federal court. Here are the main ways it can happen:
1. Lying or concealing information during the naturalization process
● If the government discovers that a person deliberately misrepresented or concealed material facts (such as criminal history, identity, or immigration status) during their naturalization, they can revoke citizenship.
● This is the most common reason for denaturalization.
2. Membership in certain organizations
● If someone joins or has joined a group like the Communist Party or a terrorist organization within five years of becoming a citizen, it can be grounds for denaturalization, if it’s proven they lacked attachment to the U.S. Constitution at the time of naturalization.
3. Refusal to testify before Congress
● If someone was involved in subversive activities and refuses to testify before Congress about them within 10 years of naturalization, they can be denaturalized.
4. Military-related fraud
● If a person obtained citizenship through military service (e.g., during wartime) and is later discharged dishonourably before five years of honourable service, their citizenship can be revoked.
What denaturalization is not:
● You cannot lose U.S. citizenship for:
o Committing a crime after becoming a citizen (though you might go to prison).
o Living abroad indefinitely.
o Holding dual citizenship (unless you voluntarily renounce U.S. citizenship).
Process of denaturalization:
● Denaturalization is not automatic; it must go through civil litigation in federal court.
● If successful, the individual becomes a non-citizen again and may be subject to deportation.
Assistant Attorney General Brett A Shumate instructed the civil division to “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.”
This new shift by Trump and the DOJ means individuals who became citizens through naturalization can now face denaturalization not only for fraud during the process but also for a broader range of crimes or misrepresentations. The process is handled in civil court, which offers fewer protections such as no right to government-appointed counsel and a lower burden of proof, raising concerns about fairness and due process.
Critics argue this approach creates a second-class tier of citizenship, where naturalized Americans live under threat of losing their rights, unlike those born in the U.S. Supporters claim it targets criminals but the broad criteria and potential for political misuse have sparked fears of discrimination and abuse of power. The move signals a tougher stance on immigration and a redefinition of what it means to be American.