Trump Administration Ramping Up Denaturalization Efforts

The U.S. Department of Justice (DOJ) recently issued a memorandum outlining enforcement priorities developed based on the executive orders issued by Donald Trump since taking office. While the memo deals with multiple areas, Murthy Law Firm attorneys are especially concerned about the DOJ prioritization of denaturalization.

Background on Denaturalization

Denaturalization is the process of taking away someone’s U.S. citizenship and is governed by a specific section of U.S. immigration law. The denaturalization process normally can occur only through federal court proceedings. The officers and agents of the DOJ or the U.S. Department of Homeland Security (DHS) do not have the legal power to take away U.S. Citizenship.

Historically, denaturalization cases have been exceedingly rare, with an average of around 11 cases per year. During Trump’s first term in office, however, the number of denaturalization proceedings increased dramatically. And, based on the DOJ memo, it appears such cases are again becoming more common.

DOJ Criteria for Denaturalization Cases

Although the DOJ memo lists ten different types of cases that the Civil Division intends to investigate, there are two main categories the DOJ traditionally has used to file such cases. First, there are cases filed against people accused of deliberately hiding a material fact or willfully misrepresenting information that impacted the decision to grant citizenship. Second, there is the category where the person was actually ineligible for naturalization because they did not meet all the U.S. immigration law’s requirements.

Burden is on Government to Prove Denaturalization Case

It is not a simple process for the federal government to denaturalize someone. One reason is that the DOJ must prove its case against a U.S. citizen by high standards. In a civil denaturalization case, the government must show clear, convincing, and unequivocal evidence of the required wrongdoing or ineligibility. In a criminal denaturalization case, they must prove beyond a reasonable doubt that the person violated the law by knowingly gaining naturalization by fraud. As discussed in the MurthyDotCom NewsBrief, Supreme Court: False Statement Must be Material to be Basis for Denaturalization, (Jun.22.2017), the U.S. Supreme Court ruled in 2017 that, unless a false statement made during the naturalization process influenced the award of U.S. citizenship, such a statement cannot be used to denaturalize the individual.

Travel by Naturalized Citizens

In recent months, attorneys at the Murthy Law Firm have fielded numerous calls from naturalized citizens, concerned about the risk of traveling abroad. Fortunately, such fears generally are not warranted. A naturalized U.S. citizen who presents a U.S. passport for return to the United States is entitled to reenter the U.S. and cannot be forced to prove anything regarding how they obtained their U.S. citizenship. While a U.S. Customs and Border Protection (CBP) officer at a port of entry may be able to inconvenience the naturalized citizen, they ultimately are required to admit them.

Conclusion

While the administration’s renewed emphasis on denaturalization proceedings represents a significant shift from historical norms, naturalized citizens should understand both the realities and limitations of these enforcement efforts. The high evidentiary standards required for denaturalization create substantial barriers for the government. Further, naturalized citizens continue to enjoy the same rights as all U.S. citizens, including the right to travel. Those with specific concerns about their naturalization process should consult with qualified immigration attorneys to understand their individual circumstances and rights. Murthy Law Firm attorneys are experienced in advising naturalized citizens in such matters.

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