How would the Trump administration denaturalize immigrant citizens?
Using civil courts lowers the burden of proof
The next step in the Trump administration's deportation campaign is here. The Department of Justice will prioritize stripping citizenship from naturalized Americans it says have violated the law, a process known as denaturalization.
Denaturalization gives the White House "another tool to police immigrants' free speech rights," said Axios. The administration has already used the deportation process to target immigrant students who criticized Israel's war on Gaza, including green-card holder Mahmoud Khalil. The Justice Department guidance says denaturalization proceedings will be focused on "terrorists," as well as people convicted of "war crimes," "extrajudicial killings" and "human rights abuses."
The denaturalization program is an attempt to "protect the nation from obvious predators, criminals and terrorists," said The Heritage Foundation's Hans von Spakovsky. But immigration experts "expressed serious concerns about the effort's constitutionality," said NPR. The Justice Department will pursue denaturalization in civil courts, which require a lower burden of proof for the government to win. They also do not require that defendants be furnished with an attorney. The Trump administration is "trying to create a second class of U.S. citizens" with fewer rights, said Sameera Hafiz, the policy director of the Immigrant Legal Resource Center.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What did the commentators say?
"Aggressive" denaturalization is at odds with "constitutional principles of citizenship," Cassandra Burke Robertson and Irina D. Manta, law professors at Case Western University and Hofstra Law School, respectively, said at MSNBC. There is an unsavory history: "Denaturalization was relatively rare" for most of American history but "spiked during the Red Scare era." The Supreme Court in the 1960s limited denaturalization to those who had "illegally procured" citizenship through fraud or failing to meet naturalization requirements. Going beyond that represents the sort of "arbitrary governmental authority the Constitution was designed to prevent."
Pursuing denaturalization in civil courts lets the Trump administration paint potential deportees as "criminal" while "avoiding the safeguards of an actual criminal court," said Rafia Zakaria at The Nation. There is no statute of limitation on civil denaturalizations, allowing Justice Department lawyers to "target U.S. citizens who were naturalized decades earlier." But there is more than citizenship at stake: The threat of denaturalization will allow the Trump administration to tamp down on dissent from migrant citizens "who know that they could either face deportation or massive debt" from attorneys' fees. Either way, the "Trump administration wins."
What next?
Republicans already have a political target for denaturalization: Uganda-born Zohran Mamdani, the New York City mayoral candidate. Rep. Andy Ogles (R-Tenn.) has called on the Justice Department to strip Mamdani of citizenship, said Semafor. Mamdani's membership in the Democratic Socialists of America "would have disqualified him" from citizenship because it is a "communist organization," Ogles said. If those claims are "true, it's something that should be investigated," said White House press secretary Karoline Leavitt. Mamdani was defiant in response. New York is "my home," he said on X. "And I'm proud to be a citizen, which means standing up for our Constitution."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Political cartoons for November 29Cartoons Saturday's political cartoons include Kash Patel's travel perks, believing in Congress, and more
-
Nigel Farage: was he a teenage racist?Talking Point Farage’s denials have been ‘slippery’, but should claims from Reform leader’s schooldays be on the news agenda?
-
Pushing for peace: is Trump appeasing Moscow?In Depth European leaders succeeded in bringing themselves in from the cold and softening Moscow’s terms, but Kyiv still faces an unenviable choice
-
Could Trump run for a third term?The Explainer Constitutional amendment limits US presidents to two terms, but Trump diehards claim there is a loophole
-
Why do Republicans fear immigration raids in North Carolina?Today’s Big Question Trump’s aggressive enforcement sparks backlash worries
-
Trump tariff uncertainty casts a dark cloud over Black FridayIN THE SPOTLIGHT Retailers and shoppers alike are starting to reassess their seasonal prospects as the Trump administration’s efforts to upturn the global economy start hitting close to home
-
Trump’s Ukraine peace talks advance amid leaked callSpeed Read Trump’s envoy Steve Witkoff is set to visit Russia next week
-
Memo signals Trump review of 233k refugeesSpeed Read The memo also ordered all green card applications for the refugees to be halted
-
Judge tosses Trump DOJ cases against Comey, JamesSpeed Read Both cases could potentially be brought again
-
X’s location update exposes international troll industryIn the Spotlight Social media platform’s new transparency feature reveals ‘scope and geographical breadth’ of accounts spreading misinformation
-
Tariffs: Will Trump’s reversal lower prices?Feature Retailers may not pass on the savings from tariff reductions to consumers
