According to a June 11 memo published online, the Justice Department is directing its attorneys to prioritize denaturalization in cases involving naturalized citizens who commit certain crimes. This action would give U.S. attorneys greater discretion on when to pursue denaturalization.
Denaturalization is a measure that revokes citizenship from individuals who are later discovered to have lied about their previous criminal convictions, membership in, or involvement with illegal groups or activities, as stated on their citizenship application.
What to Expect
- According to the DOJ’s memo, the federal government will pursue denaturalization cases via civil litigation. In civil proceedings, any individual subject to denaturalization is not entitled to an attorney, and the burden of proof for the government’s attorneys is lower.
- Additionally, according to the memo, the DOJ is expanding its criteria for determining which crimes put individuals at risk of losing their citizenship.
- The memo also grants U.S. attorneys greater discretion to determine other denaturalization-worthy cases.
- Immigration advocacy groups have raised concerns that the denaturalization criteria would create tiers of American citizens: those who are born in America and whose citizenship status is secure and those who were not born in America and risk losing their citizenship.
Erickson Insights and Analysis
The DOJ’s focus on denaturalization is a further example of the Trump administration’s whole-of-government approach to immigration enforcement. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.