Trump’s Plans for Increased Citizenship Revocation: Legal Implications and Concerns

In the days before Donald Trump was elected president on November 5, Stephen Miller, a close advisor on immigration policy, announced plans to intensify investigations and revocations of U.S. citizenship. Miller stated, "We began a new denaturalization project during [Trump’s first term]. By 2025, it will be ready." Denaturalization means revoking citizenship from naturalized U.S. citizens, which can lead to deportation.

Denaturalization often occurs due to fraud or misrepresentation during the naturalization process. For instance, if someone provided false evidence or hid important information, their citizenship could be deemed "illegally obtained." Courts can revoke citizenship strictly based on the requirements established by Congress.

The U.S. Congress first outlined the denaturalization process in the Naturalization Act of 1906. This law allowed courts to revoke citizenship obtained through fraud or illegality. It also stated that if a naturalized citizen returned to their country of origin or established permanent residency abroad within five years of naturalization, they could be denaturalized unless they proved otherwise.

Historically, the U.S. government has rarely revoked citizenship, averaging just eleven cases a year from 1990 to 2017. However, the Trump administration from 2016 to 2020 significantly boosted the ability to investigate citizenship cases and pursue denaturalizations. In 2018, U.S. Citizenship and Immigration Services (USCIS) planned to refer about 1,600 cases to the Department of Justice (DOJ) for criminal prosecution. They created a new office for reviewing denaturalization cases and shifted funds to Immigration and Customs Enforcement (ICE) for investigations. These actions led to a 600% increase in denaturalization referrals to the DOJ within three years. In February 2020, the DOJ formed a Denaturalization Section to focus on investigating and litigating these cases.

Despite the resources allocated, few denaturalizations have occurred. However, the establishment of the DOJ’s Denaturalization Section raises concerns about potential future revocations. These efforts might discourage lawful permanent residents from applying for citizenship and further overload an already slow immigration system.

A naturalized citizen can lose their citizenship if the federal government proves, with clear evidence in civil court or beyond reasonable doubt in criminal cases, that the person did not meet the naturalization criteria when citizenship was granted. The denaturalization process is attached to the following legal provisions:

1. Illegal acquisition or intentional falsehood (INA § 340(a)): Citizenship can be revoked if naturalization was obtained illegally or by hiding important facts.
2. Convicted for naturalization fraud (18 U.S.C. 1425): Citizenship can be revoked if a person is convicted of illegally attempting to obtain naturalization.
3. Military service in wartime (INA 329 (c)): Citizenship obtained through military service can be revoked if dishonorable discharge occurs within five years.
4. Cold War provision (INA § 340(a)): This provision allows revocation for refusing to testify before Congress about subversive activities.

The threat of denaturalization creates uncertainty for naturalized citizens. Children born in the U.S. to naturalized parents may also face challenges to their citizenship. Additionally, Trump’s promise to end birthright citizenship could further jeopardize the status of children born in the U.S. While the denaturalization process requires court oversight, lack of guaranteed legal representation poses significant hurdles for accused individuals, especially those unable to afford legal aid.