The Department of Justice (DOJ) has issued a memo directing its attorneys to prioritize the denaturalization of naturalized citizens who commit specific crimes, raising alarms about potential overreach and vague interpretations of the law.
This memo, dated June 11, comes from Brett A. Shumate, the Assistant Attorney General for the Civil Division, and outlines various infractions that could lead to the revocation of citizenship.
According to the memo, crimes that may trigger denaturalization include fraud, war crimes, extrajudicial killings, serious human rights abuses, gang involvement, human trafficking, and violent offenses, among others.
Additionally, naturalized citizens who engage in financial fraud against the U.S. government, particularly in programs like the Paycheck Protection Program and Medicaid or Medicare, may also face denaturalization.
DOJ attorneys have been granted wider discretion in deciding when to pursue cases against individuals who have lied or made misrepresentations on their naturalization applications.
Joyce Vance, a former U.S. Attorney for the Northern District of Alabama, has expressed her concern regarding the memo’s broad language.
Vance argues that the language is so vague it could permit the denaturalization of individuals for almost any reason, potentially leading to the abuse of authority.
She suggested that exercising First Amendment rights, participating in diversity initiatives, or even being a journalist could be recast under this vague definition and used as grounds for stripping citizenship.
The memo notes that individuals can be referred for denaturalization even if they have only pending criminal charges and have not yet been convicted.
Rekha Sharma-Crawford, Vice President of the American Immigration Lawyers Association, emphasizes that the government carries the burden of proof in denaturalization proceedings.
While the specifics of how the administration may use mere accusations as a basis for denaturalization remain unclear, there are strict legal categories recognized in such cases.
“Fortunately, these matters must be brought in federal district court, which has strict rules of evidence and procedure,” Sharma-Crawford stated, noting that the procedural protections are stronger than those that might exist within the agency.
Concerns arise, however, about the potential for abuse stemming from the memo.
Christopher Wellborn, President of the National Association of Criminal Defense Lawyers, voiced his worries that any offense at any time could justify denaturalization.
Wellborn highlighted the risks associated with unsubstantiated claims, stating it’s easy to envision scenarios where allegations like gang affiliation could be used to claim that citizenship was obtained illegally.
In response to the concerns raised, a spokesperson for the DOJ defended the memo, asserting a commitment to maintaining the integrity of the naturalization program.
“Denaturalization proceedings will only be pursued as permitted by law and supported by evidence against individuals who illegally procured or misrepresented facts in the naturalization process,” the statement explained.
The statement reiterated that the DOJ remains committed to ensuring that those who gain citizenship through unlawful means and threaten national security would not retain the benefits of American citizenship.
This memo appears amid a broader crackdown on immigration by the Trump administration, which has actively sought to enforce stricter immigration policies.
As part of this effort, the administration has implemented measures aimed at limiting illegal immigration while also scaling back on legal immigration pathways, including potential restrictions on birthright citizenship and refugee programs.
Critics argue that the current administration’s focus on immigrant communities undermines the United States’ long-standing reputation as a welcoming nation, emphasizing ideals such as life, liberty, and the pursuit of happiness.
Recent statistics reveal that over 7.9 million individuals have become naturalized U.S. citizens in the last decade, with 818,500 newly naturalized citizens in the previous year alone, as reported by U.S. Citizenship and Immigration Services.
Naturalized citizens possess the right to vote, serve on juries, and apply for security clearance, making the issue of denaturalization particularly significant.
Denaturalization itself is a rare process, traditionally reserved for suspected war criminals or individuals who have lied on their immigration applications.
Between 1990 and 2017, the DOJ filed just over 300 denaturalization cases, averaging 11 cases annually.
However, this number rose significantly during President Donald Trump’s first term, with the DOJ recording 25 cases in 2017 alone and announcing in 2018 plans to refer approximately 1,600 cases to the DOJ for potential prosecution.
Critics of the administration’s immigration policies have raised fears that enforcement efforts are being utilized to target individuals based on their speech or political beliefs.
Recently, Representative Andy Ogles of Tennessee urged Attorney General Pam Bondi to initiate denaturalization proceedings against New York City mayoral candidate Zohran Mamdani.
Born in Uganda to Indian parents and having become a U.S. citizen in 2018, Mamdani found himself under scrutiny after President Donald Trump labeled him a “communist,” making unfounded claims about his immigration status.
Mamdani condemned the president’s comments, asserting that they represent an intimidation tactic against a democratic process.
He stated, “This does not just attack our democracy but sends a message to every New Yorker who refuses to hide in the shadows: if you speak up, they will come for you.”
In conclusion, while the DOJ maintains that denaturalization proceedings will be based on evidence and lawful grounds, the broad language of the memo raises questions about potential misuse and the chilling effects it could have on immigrant communities.
Sharma-Crawford noted that while laws governing denaturalization exist to protect against abuse, the memorandum contributes to a climate of fear and uncertainty, leaving many susceptible to vague accusations that can have serious implications for their citizenship status.
image source from：nbcphiladelphia
