'All Are Now Vulnerable': Legal Scholars Alarmed as DOJ Begins Push to Denaturalize Citizens
"Anyone could be prioritized," a spokesperson for the ACLU told Common Dreams. "It's really chilling."
As the Trump administration has begun the push to strip citizenship from foreign-born Americans, legal scholars and advocates are calling it a dangerous step toward using citizenship as a political weapon.
On June 11, the U.S. Department of Justice issued an internal memo written by Assistant Attorney General Brett A. Shumate calling on DOJ attorneys to pursue "civil denaturalization" of foreign-born U.S. citizens.
"The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence," the memo said, adding that it should be among the division's top five priorities.
It suggested a wide variety of citizens who could be targeted for denaturalization. This includes perpetrators of violent offenses like "torture, war crimes, or other human rights violations." But it also targets much broader groups of people such as those "who pose a potential danger to national security" or those who "acquired naturalization through government corruption, fraud, or material misrepresentations."
It also calls for "any other cases referred to the Civil Division that the division determines to be sufficiently important to pursue."
Naureen Shah, director of government affairs for the ACLU's Equality Division, told Common Dreams that "it's another devastating attack by the Trump administration on people who they want to cast as not belonging here."
The memo's vague language has Shah and other legal scholars warning that denaturalization could become a tool to deport political opponents, an effort that would be harder for courts to stop following Friday's ruling by the U.S. Supreme Court, which hamstrung the ability of lower courts to stop illegal actions by the Trump administration using injunctions.
Joyce Vance, a former United States Attorney, who is now a law professor and a legal analyst for MSNBC and NBC, warned Tuesday about the possible implications on her blog Civil Discourse:
"It could be exercising First Amendment rights or encouraging diversity in hiring, now recast as fraud against the United States. Troublesome journalists who are naturalized citizens? Students? University professors? Infectious disease doctors who try to reveal the truth about epidemics? Lawyers?" Vance wrote. "All are now vulnerable to the vagaries of an administration that has shown a preference for deporting people without due process and dealing with questions that come up after the fact and with a dismissive tone."
"Anyone could be prioritized," Shah said. "It's really chilling."
Cassandra Robertson, a law professor at Case Western University, told NPR that it was "especially concerning" that the administration would plan to pursue denaturalization through civil court.
"Civil denaturalization cases provide no right to an attorney, meaning defendants without resources often face the government without representation," she wrote in a 2019 study on the history of denaturalization along with her colleague Irina Manta. "There are no jury trials, with judges making citizenship determinations alone. The burden of proof is 'clear and convincing evidence' rather than the criminal standard of 'beyond a reasonable doubt.' Additionally, there is no statute of limitations, allowing the government to build cases on decades-old evidence that may be incomplete or unreliable."
Robertson said Trump's approach mirrors that undertaken during the McCarthy era, when those deemed "un-American" were stripped of citizenship due to their political views.
"At the height of denaturalization, there were about 22,000 cases a year of denaturalization filed, and this was on a smaller population. It was huge," she said.
The Supreme Court stepped in to reel back denaturalization in 1967, determining that, in Robertson's words, it was "inconsistent with the American form of democracy, because it creates two levels of citizenship." After that, the number of denaturalization cases plummeted to the single digits each year. The Trump administration seems to be hoping to reverse that trend.
Republican politicians have not been shy about calling for their political opponents to be stripped of citizenship. Last week, following Zohran Mamdani's shocking victory in New York City's Democratic mayoral primary, Rep. Andy Ogles (R-Tenn.) called for the Ugandan-born state assemblyman to be stripped of his U.S. citizenship and "deported," referring to him as an "antisemitic, socialist, communist."
Ogles accused Mamdani of failing to disclose his political "affiliations or sympathies" during the process that led him to become a citizen in 2018. He singled out Mamdani's support for the Holy Land Foundation, whose leaders were convicted in a widely criticized "terrorism financing" case in 2008. Notably, the leaders of the group were never accused of directly funding terrorist groups or terrorist acts.
On Monday, White House Press Secretary Karoline Leavitt was asked about Ogles' call to deport Mamdani, and she did not shoot down the idea.
"I have not seen those claims, but surely if they are true, it's something that should be investigated," Leavitt said.
It was not the first time Republicans have called to deport leaders in the other party explicitly for their political views.
In June, Florida Attorney General James Uthmeier called for the Trump administration to "deport and denaturalize" Rep. Ilhan Omar (D-Minn.), who came to the U.S. as a refugee from Somalia, after she criticized President Donald Trump's deployment of the military to quash protests against Immigration and Customs Enforcement (ICE) in Los Angeles.
The Trump administration has already targeted lawful immigrants with deportation purely for their political views. In March, the administration abducted and attempted to deport pro-Palestine student activist Mahmoud Khalil, explicitly because he was a "threat to the foreign policy and national security interests of the United States," similar language to what the DOJ now says is justification for denaturalization. The administration has also attempted to deport others, like Tufts student Rümeysa Öztürk, for as little as co-writing an op-ed calling on her university to divest from Israel.
"The way the memo is written, there is no guarantee DOJ will pursue cases against violent criminals," Vance said. "They could just do easy cases to ratchet up numbers, like we're seeing with deportation. Or they could target people who, they view as troublemakers."
There are more than 25 million people in the United States who are naturalized citizens.
"They should not have to live in fear that they'll lose their rights," Shah said.
