Federal Government Pursues Immigration Crimes in Effort to Denaturalize Citizens
INCREASED FOCUS ON DENATURALIZATION ACTIONS
With the creation of the Denaturalization Task Force in 2018 and the Denaturalization Section in 2020, the Trump administration has ramped up the pressure on naturalized United States citizens. The federal government has poured over $200 million towards the creation and staffing of both the Denaturalization Task Force and Denaturalization Section. Cases have grown exponentially in the last three years and with over 20 million naturalized citizens living in the United States today, the federal government has an incredible number of potential new targets for denaturalization. While the stated focus is to only denaturalize those that were not actually eligible at the time of naturalization due to some sort of fraud on the part of the person seeking citizenship, it is clear that this directive will also lead to denaturalization actions against those who did not make material lies.
LEGAL OPTIONS FOR GOVERNMENT TO PURSUE DENATURALIZATION
In pursuing denaturalization, the federal government has two main approaches they can take; 1) a civil federal denaturalization proceeding, or 2) a criminal case for naturalization fraud. A civil federal denaturalization proceeding requires the federal government to prove by clear and convincing evidence that the naturalized citizen was not eligible for citizenship at the time it was mistakenly granted. A criminal case could center around a false statement or some sort of fraudulent activity on the part of the naturalized citizen and would require the federal government to prove their case beyond a reasonable doubt. While these are very different proceedings in nature and form, they are both pursued with the same end goal in mind, denaturalization.
Civil proceedings are most commonly pursued when there are allegations that the naturalized citizen concealed a material fact or made a willful misrepresentation in order to illegally procure citizenship. Examples include lies about marital status, familial status, or improper asylum claims. Criminal proceedings go forward when the federal government has some reason to believe that the naturalized citizen is a sex offender, war criminal, or a threat to national security due to associations with terrorist groups. Cases involving allegations of past war crimes are especially difficult, as the naturalized citizen may have been forced with the threat of death to take part in certain activity during times of war, which is usually the reason the naturalized citizen sought asylum in the first place.
The issue of due process is one that has long been recognized a problem with civil denaturalization proceedings. In 2018, a man was stripped of his citizenship without making an appearance in court due to a ruling of summary judgement in the favor of the government. The man was never served process and was never given the opportunity to contest the summary judgement motion made by the federal government. This constitutional weakness in the civil denaturalization process was pointed out by the United States Supreme Court as far back as the 1940s where then-Justice Rutledge stated in Klapprott v. United States that treating a denaturalization proceeding “as if it were nothing more than a suit for damages for breach of contract or one to recover overtime pay ignores every consideration of justice and reality in concerning the substance of the suit and what is at stake.” The fact that this new denaturalization push has largely been made on a political priority will undoubtably bring forward more instances where due process is lacking, and knowledgeable and experienced denaturalization attorneys will be needed to fight for due process.
HOW DOES THIS AFFECT ME?
If you are a naturalized United States citizen, then you are more at risk for denaturalization than ever before, even though you may not have done anything wrong. The federal government has multiple approaches and options to try to denaturalize those it feels were not qualified at the time of being awarded citizenship and, in turn, should have never obtained citizenship to begin with. There is no time limit on how long the government has to bring these actions against you. You could be a citizen in this country for 50 years and a denaturalization proceeding can be brought against you at any time. If you are facing a denaturalization action or an allegation of immigration fraud, it is important to seek the advice of a qualified and experienced denaturalization attorney immediately. If you have any questions related to denaturalization or your status as a United States citizen, then give us a call.
