The Department of Justice Creates Office to Denaturalize Immigrants
DENATURALIZATION SECTION EXPLAINED
In late February of 2020, the Department of Justice announced the creation of the Denaturalization Section. The Denaturalization Section is an office which will join other existing sections within the Civil Division’s Office of Immigration Litigation. The Denaturalization Section was created to focus on investigating and litigating cases of Denaturalization. Denaturalization is a process by which the United States government strips away the citizenship of someone who was naturalized as a United States citizen. These cases of Denaturalization can arise from foreign nationals becoming a United States citizen under false pretenses in a variety of ways. These false pretenses include things like fraud, being a sex offender, war criminal, or even a suspected terrorist. The aim of the Denaturalization section is to pursue those they suspect have unlawfully obtained citizenship status and try to strip away their naturalized citizenship. Denaturalization cases do not have a statute of limitations; that means that a case for Denaturalization can occur at any time, no matter how long you have been a naturalized United States citizen. Previously, denaturalization was primarily used by the Department of Justice as a measure to go after those who threatened national security, but the newly formed denaturalization section aims to go after anyone who appears to have obtained citizenship through some unlawful measure.
WHAT’S NEXT?
Critics of this new Denaturalization Section assert that this new office will be used to target immigrants who have not committed serious crimes and may have made mistakes on their initial applications without any fraudulent intent. There is a fear that simply the creation of this office will have a serious effect on non-citizens that have obtained a green card but may fear applying for citizenship and fully engaging in the United States as a citizen. With the staunch anti-immigration policies currently in place under this administration, this is not an unfounded fear by any stretch. This administration has routinely created travel bans and disallowed non-citizens to enter the United States for a variety of stated reasons. The Denaturalization Section is another step in the efforts to slow immigration into the United States. 228 denaturalization cases have been pursued since 2008, with 40% of those cases filed since 2017. Over the past three years, denaturalization cases have increased by 600%. These cases are only expected to increase as there are about 20 million naturalized citizens living in the United States today. To put it simply, if you weren’t born here in the United States and earned your citizenship by birthright, you will always have to look over your shoulder as a naturalized citizen as long as the denaturalization section is around.
HOW DOES THIS AFFECT ME?
If you are a naturalized United States citizen, this affects you directly. A naturalized United States citizen can be denaturalized if the federal government proves by clear and convincing evidence that the naturalized citizen was not qualified for naturalization at the time it was mistakenly granted. The federal government can also pursue a criminal case relating to
immigration fraud as another method to denaturalize United States citizens. Millions of dollars have been put behind this newly formed Denaturalization section, and it is a fair assessment that denaturalization proceedings will become more common and frequent in the near future. 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.
