Trump To Prioritize Denaturalization Of U.S. Citizens

Trump To Prioritize Denaturalization Of U.S. Citizens

The U.S. Department of Justice (DOJ) recently issued a memo, on orders from Pres. Trump and Atty. Gen. Bondi, concerning civil enforcement priorities, which includes “Prioritizing Denaturalization.”

The memo states, “The Department of Justice may institute civil proceedings to revoke a person’s United States citizenship if an individual either “illegally procured” naturalization or procured naturalization by “concealment of a material fact or by willful misrepresentation.”

According to the DOJ memo, civil denaturalization proceedings support “the overall integrity of the naturalization program by ensuring that those who unlawfully procured citizenship, including those who obtained through fraud or concealment of material information, do not maintain the benefits of the unlawful procurement.”

The memo further lists the types of cases the DOJ “shall prioritize and maximally pursue denaturalization proceedings.” These cases include situations where the naturalized citizen poses a potential danger to national security, “committed felonies that were not disclosed during the naturalization process,” as well as those who engaged in financial fraud, loan fraud, and Medicaid/Medicare fraud, or fraud against private individuals, funds, or corporations. One of the most common violations is “cases against individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category.” Obviously, there can be many grounds or reasons by which the DOJ can pursue denaturalization if the person acquired citizenship through fraud or concealment.

As the U.S. Citizenship and Immigration Services (USCIS) policy manual (PM) notes, revocation of naturalization, also referred to as “denaturalization,” must occur in federal court. The common grounds for civil revocation of naturalization are:

  • Illegal procurement of naturalization; or
  • Concealment of a material fact or willful misrepresentation.

Simply put, DOJ can and will pursue denaturalization based on the person having lied on their naturalization application (N-400). In fact, one of the questions seems very strange:

“15.a Have you EVER committed, agreed to commit, ask someone else to commit, helped commit, or tried to commit a crime or offense for which you were NOT arrested?”

This question seems strange because it basically asks a person whether they ever committed a crime but was never caught. Who is going to admit to that? The problem is if the person answers “no,” but in fact they had committed a crime before naturalizing, then they lied on the naturalization application, providing a ground or basis for denaturalization. There are also other reasons why a person could be denaturalized based on illegal procurement or concealment of a material fact, such as:

  • obtaining a green card through a fixed marriage
  • obtaining a green card as “single,” but were secretly married
  • having committed a crime either before or while they were a green card holder but were discovered or caught only after they naturalized. Then they would have lied on the question asking if they had ever committed a crime.

I have come across several naturalization denials where the officer concluded that the person was never “lawfully admitted” as a green card holder because there was some mistake, fraud, or concealment in the way in which they obtained a green card. That could make them subject to removal/deportation if they are denaturalized.

If you are being placed in civil denaturalization proceedings, or if you are thinking about filing for U.S. citizenship, I would strongly suggest you first consult with an attorney because Trump is prioritizing denaturalization, and you want to make sure you are eligible for citizenship before filing.  An attorney can evaluate your situation and advise on the risks and chances.

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