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ToggleThe Department of Justice has made denaturalization one of its top five enforcement priorities, targeting cases involving terrorism, war crimes, human trafficking, felony convictions, and fraud. Denaturalization involves revoking U.S. citizenship from individuals who obtained it through fraudulent means or concealed material facts during the naturalization process.
The DOJ’s denaturalization policy is based on the Immigration and Nationality Act and the Supreme Court’s decision in Maslenjak v. United States, which established a two-step test for determining materiality of misrepresentation. The denaturalization process involves a long and complex court battle that can take years to resolve, requiring judicial review and a hearing to determine citizenship revocation.
The DOJ’s memo suggests using denaturalization as a tool to deport U.S. citizens who have committed serious crimes after naturalization, potentially stripping them of citizenship and making them eligible for deportation. This policy may have a chilling effect on the naturalization process, potentially leading to a decrease in naturalized citizens as individuals fear past mistakes could be grounds for denaturalization.
The DOJ’s new enforcement strategy involves allocating resources and staff to focus on cases where individuals obtained citizenship fraudulently or later engaged in serious crimes. While the policy is legal and within the bounds of the Immigration and Nationality Act, it is controversial and raises concerns about potential collateral damage to innocent individuals or those not posing a threat to national security.
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