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We must reimagine a world where freedom and equality are guaranteed to all, no matter their status.
There are two main paths to citizenship in the United States: birthright, which is guaranteed to those born on US soil or to citizen parents, and naturalization, a process applied for after immigrating.
The Trump administration is attempting to upend these long-held and widely accepted rules, arguing for an end to birthright citizenship, which is constitutionally protected, while attacking the naturalization status of populations across the country.
These attacks on citizenship come amid a substantial investment in immigration crackdowns. The so-called “Big Beautiful Bill” allocates an unprecedented $178 billion toward immigration enforcement, a figure higher than the military budgets of entire nations and a price tag 13 times greater than Immigration and Customs Enforcement’s (ICE) already booming budget.
And we know exactly what this expansion will be used for.
America’s immigration system must honor human rights for everyone, especially those at the margins.
In just the first few months of the Trump administration, ICE agents donning masks and unmarked clothing have surveilled, interrogated, and kidnapped individuals off the streets en masse. Arbitrary arrest quotas fill overcrowded, inhumane, and unsanitary detention centers. And despite claims that only “criminals” are being targeted, people of all backgrounds—including students, politicians, children, and U.S.-born citizens—are being arrested and abused, stripped of their dignity and humanity.
Trump is undoubtedly culpable for these abuses. But he did not invent the playbook. He simply adapted the rules long built into this country’s citizenship policies—both the implicit and explicit ones.
US citizenship has always been negotiated between those the state deemed worthy and unworthy. Race and gender have long restricted individuals from obtaining citizenship and the privileges granted with it. The 14th Amendment, the guarantor of jus soli, transformed the status and rights of all those to come—myself included. I would not be a US citizen without this code.
But documents and formalities cannot erase the existence of an informal, second-class citizenry that continues to pervade American society.
Native Americans, Indigenous peoples native to these lands, were denied this framework of legality and excluded from guaranteed citizenship for generations. Systems of oppression, domination, and exclusion allowed white bodies to be favored over Black and brown ones—even when they held and waved that landmark document, demanding their civil liberties be guaranteed and protected. Those born in U.S. territories like Puerto Rico and Guam continue to lack meaningful electoral rights and, in American Samoa’s case, even citizenship itself.
An examination of the difficult and lengthy naturalization process reveals further discrepancies. Volume 12 Part F states that individuals must possess “good moral character” to become naturalized, a measure that is both vague and arbitrary. Any conduct or act that deviates from a community’s moral standard is grounds for both denial of citizenship and denaturalization if citizenship is already obtained.
But how is morality defined? Immoral behavior is outlined by the state—murder, aggravated felonies, genocide, and torture are some examples listed. But aggravated felonies also include failing to appear in court. So when we see ICE arresting immigrants at court hearings and scaring others from appearing out of fear of arrest, suddenly the intent behind these actions becomes clear.
In this system, any action or inaction becomes punishable—including the “crime” of being an immigrant. Notably, this “moral character” clause has existed since the Naturalization Act of 1790—a reminder that these pursuits are not a recent political development but built into our founding documents.
Now, the Justice Department is expanding its criteria for denaturalization, using the definitions established by Congress centuries ago. A recent Justice Department memo orders those accused of involvement with terrorist, gang, or cartel groups to be targeted for deportation or even stripped of their citizenship, an indicator of their “immoral character.”
But the administration’s definition of “terrorism” and “criminal involvement” is both flawed and targeted. Kilmar Abrego Garcia, accused of being a member of MS-13, an international criminal gang, was wrongfully deported and imprisoned in El Salvador without due process—a move that was actually illegal, given that a court order barred his deportation to El Salvador on account of the gang threats and violence he faced there.
In another example, Rümeysa Öztürk, a PhD student at Tufts, cowrote an op-ed criticizing the university’s response to resolutions passed by its student body about Israel’s violations of international law. She was subsequently kidnapped and detained in an ICE prison for months.
These are simply two instances of a series of repeated offenses committed by the US government. In an effort to apprehend and throw out immigrants en masse, the state criminalizes individuals for free speech and seeking asylum.
Elsewhere, the right to vote is denied to citizens the US deems unworthy of representation. Essential rights and civil liberties are being stripped from legal residents, mitigating access to the freedoms that have defined America for centuries. More and more individuals are sorted into different tiers of citizenship, soon leaving few with the guarantee of liberty and justice promised to all.
For all its extremism and cruelty, the Trump administration is simply using the tools already available to them. Citizenship requirements contain too many loopholes that are easily exploited. So for progressives, opposing restrictive immigration policies is not enough. We must move beyond an idea of “citizenship” that only guarantees rights according to an individual’s status and reimagine a world that respects the freedom and equality of all people no matter their status.
If “morality” is a requirement for entry, then anything can be redefined as “immoral.” Economic metrics of inclusion fail for the same reason. Nations should not prioritize people solely based on what they can provide to employers. The argument that “immigrants help our economy” only emphasizes the need for individuals with economic value.
America’s immigration system must honor human rights for everyone, especially those at the margins. Those seeking asylum, refuge, education, or simply a better life should not be denied access to civil liberties and fundamental freedoms.
Aren’t these the true American values?
Although denaturalization rates have declined over the past several decades, there is ample historical precedent for the revival U.S. President Donald Trump is planning.
There are nearly 25 million naturalized citizens in the United States, accounting for 7% of the total population. Each and every one of them should be laser-focused on the Trump administration’s plans to denaturalize and deport as many of them as possible.
Denaturalization is the process by which the federal government revokes the citizenship of persons born outside of the country who became citizens by meeting the standards set by Congress in the Immigration and Nationality Act, which include swearing an oath of allegiance to the United States, and demonstrating “good moral character.”
Although denaturalization rates have declined over the past several decades, there is ample historical precedent for the revival U.S. President Donald Trump is planning. Between 1906 and 1967—when the Supreme Court stepped in to tighten the legal requirements—more than 22,000 Americans were denaturalized. Many were left-wing activists who were singled out during the two Red Scares of the 20th century. A common method to denaturalize them was to accuse them of fraud in taking their oaths of allegiance. In 1919, in perhaps the most famous case of all, the government deported Emma Goldman to Russia under the Anarchist Exclusion Act after revoking her naturalized citizenship. In the 1950s, the government tried but failed to denaturalize labor leader Harry Bridges.
On June 11, Assistant Attorney General Brett Shumate wrote a memorandum that lists denaturalization as one of the Department of Justice’s (DOJ) top legal objectives to further Trump’s political goals. The memo was directed to the DOJ’s Civil Division, the department’s largest litigating component, which represents the United States and its executive agencies, members of Congress, cabinet officers, and other federal employees in thousands of legal matters each year. It instructed the division’s attorneys to “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence,” focusing on 10 broad categories of enforcement actions:
1. Cases against individuals who pose a potential danger to national security, including those with a nexus to terrorism, espionage, or the unlawful export from the United States of sensitive goods, technology, or information raising national security concerns;
2. Cases against individuals who engaged in torture, war crimes, or other human rights violations;
3. Cases against individuals who further or furthered the unlawful enterprise of criminal gangs, transnational criminal organizations, and drug cartels;
4. Cases against individuals who committed felonies that were not disclosed during the naturalization process;
5. Cases against individuals who committed human trafficking, sex offenses, or violent crimes;
6. Cases against individuals who engaged in various forms of financial fraud against the United States (including Paycheck Protection Program [“PPP”] loan fraud and Medicaid or Medicare fraud);
7. Cases against individuals who engaged in fraud against private individuals, funds, or corporations;
8. Cases against individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category;
9. Cases referred by a United States Attorney’s Office or in connection with pending criminal charges, if those charges do not fit within one of the other priorities; and
10. Any other cases referred to the Civil Division that the Division determines to be sufficiently important to pursue.
The first nine categories are generally consistent with the government’s existing powers, reflecting Trump’s penchant for exploiting the loopholes and weak links in current law whenever feasible. The 10th category, however, is a wildcard that could expand those powers exponentially and lead to a Red Scare encore.
And as dark and dangerous as that possibility sounds, it may be perfectly legal.
Article I, Section 8, Clause 4 of the Constitution grants Congress the power to establish a “uniform Rule of Naturalization.” Pursuant to this authority, Congress passed the first naturalization act in 1790, and ratified additional acts well into the late 19th century. But it was not until the passage of the Naturalization Act of 1906 that Congress federalized naturalization procedures. The act incorporated earlier race-based legislation that limited naturalization to white people and those with African origins. It also created the Bureau of Immigration Services, the precursor of the present-day U.S. Citizenship and Immigration Services agency, which promulgated uniform application forms, and began the process of moving naturalization jurisdiction to the federal courts. (Prior to 1906, immigrants were able to apply for citizenship before any court of record, including state and municipal courts. In 1990, Congress shifted jurisdiction from the federal courts to the executive branch, where it remains to this day, although naturalization ceremonies are still conducted by federal district court judges.)
The Naturalization Act of 1906 was also the first federal law that provided for denaturalization, centered on individuals who had obtained citizenship by fraud, were racially ineligible, and lacked “good moral character.” The act was amended on several occasions, most notably in 1952 by the McCarthy-era McCarran-Walter Act, which added provisions for denaturalization based on activities deemed subversive or connected to communist or communist-front organizations.
Even if Trump’s threats against O’Donnell, Musk, and Mamdani are basically performative, thousands of less affluent naturalized citizens will likely be caught up in the coming denaturalization dragnet.
Today’s denaturalization procedures are set forth in two sections of Title 8 of the U.S. Code. Section 1451 authorizes the Department of Justice to institute civil proceedings, alleging that citizenship was “illegally procured” or obtained “by concealment of a material fact or by willful misrepresentation.” The section also mandates denaturalization for individuals who refuse to testify before a congressional committee concerning their alleged subversive activities in cases where they have been convicted of contempt for such refusals.
Section 1425 of Title 8 authorizes criminal prosecutions, making it a felony punishable by 25 years in prison to knowingly procure, “contrary to law, the naturalization of any person.” A conviction results in automatic denaturalization.
Once denaturalized under either section, a person returns to their immigration status before becoming a citizen, rendering them vulnerable to deportation.
It’s easy to see why Trump and his advisers have opted to emphasize civil denaturalization proceedings over criminal prosecutions. In civil cases, there is no right to a jury trial or court appointed counsel, and there is no statute of limitations. The standard of proof is also lower. According to the Supreme Court’s precedent decisions, to prevail, the government must present “clear, convincing, and unequivocal evidence” that the targeted individual obtained citizenship illegally or willfully misrepresented a material fact during the naturalization process. That is a rigorous test, but one far lower than the “beyond a reasonable” doubt standard for criminal prosecutions.
The first Trump administration attempted to make denaturalization a priority, launching an initiative dubbed “Second Look,” which built upon a similar Obama administration program called “Operation Janus” to identify alleged terrorists and fraudsters who had naturalized. In the end, however, Trump 1.0 filed a mere 102 denaturalization cases, amounting to an annual rate higher than the 16 cases per year filed under former President Barack Obama, and eclipsing the total of 24 cases filed under former President Joe Biden, but still miniscule. This time around, Trump 2.0 is pledging to bring the resources of the entire DOJ civil division behind the effort, reviving the specter of mass denaturalization.
The Shumate memo had largely flown under the media’s radar until Trump started talking in early July about deporting former best bro Elon Musk and New York City mayoral candidate Zohran Mamdani, and stripping comedian and longtime celebrity nemesis Rosie O’Donnell of her citizenship.
O’Donnell, who is seeking dual citizenship in Ireland, appears safe from Trump’s clutches as she was born in Commack, New York, and enjoys birthright citizenship under the 14th Amendment. Even Trump’s January executive order attacking birthright citizenship for the children of undocumented immigrants would leave her unscathed.
Musk and Mamdani are another story, as both are naturalized citizens. Musk, born in South Africa, naturalized in 2002. Mamdani, born in Uganda to Indian parents, naturalized in 1998. Musk allegedly worked illegally in the U.S. in violation of his student visa after leaving Stanford University in 1995. Mamdani has been accused of posting comments on X quoting rap lyrics suggesting support for Hamas.
Even if Trump’s threats against O’Donnell, Musk, and Mamdani are basically performative, thousands of less affluent naturalized citizens will likely be caught up in the coming denaturalization dragnet. Millions more who are not targeted will be intimidated from exercising their First Amendment rights to free speech and full political engagement. The net result will be a society less diverse and less free for the vast majority, exactly what Donald Trump and his cohorts want.
The way we all react to these tests—from the disappearing of U.S. citizens to the threatening of judges—will determine Trump’s and the GOP’s next steps. So, what do we do?
U.S. President Donald Trump’s threat to strip Rosie O’Donnell of her citizenship is a “test.”
Kids do it all the time. Throw a tantrum in the store demanding cookies and if the parents don’t remove them from the store right away, every visit will see the tantrums escalate. Testing the boundaries. When the test succeeds, the boundaries get moved and a new boundary gets tested, on and on until finally the child’s behavior is so egregious he’s stopped. Or he always gets away with everything and grows up to be Donald Trump.
We learn this early.
We’ve seen a series of these tests coming from the Trump administration, following the very specific and consistently repeated pattern that history tells us played out in the regimes of Mussolini, Hitler, Pinochet, Putin, Orbán, Erdoğon, el Sisi, and pretty much every other person who took over a democracy and then, step-by-step turned it into a dictatorship.
Trump started testing racism as a political weapon when he came down the elevator at Trump Tower and spoke about “Mexican murderers and rapists” in front of what media reports said was a crowd he’d hired for $50 per person from a company that provides extras to movie and TV production companies.
While his initial goal was reportedly to get NBC to renew “Apprentice” and pay him more than Gwen Stefani, his racism test work out shockingly well; suddenly he was a serious contender for the party that had inherited the KKK vote when Democrats abandoned the South with the Civil Rights and Voting Rights acts in the 1960s.
If he can do it to Rosie—if there isn’t furious pushback (and so far, there isn’t) against this latest test—he can do it to me or you.
Another test was whether the exaggerations, distortions, and outright lies that he and his family had used to hustle real estate could work in politics.
He quickly discovered that GOP base voters—after decades of having uncritically (slavishly, even) swallowed lies about trickle-down economics, “evil union bosses,” and the “importance of small government”—were more than happy to embrace or ignore, as the occasion demanded, his prevarications.
From there, Trump tested exactly how gullible his most fervent supporters—and the media that fed them a daily diet of very profitable outrage and hate—would buy into a lie so audacious, so in defiance of both the law and common sense, so outside the bounds of normal patriotism, that they could be whipped into a murderous frenzy and kill three police officers while trying to overthrow the government of the United States of America.
The nation and our press reacted as if he’d failed that test, but when he was able to cow enough senators to avoid being convicted in his impeachment trial, he knew he’d won.
Now he’s again testing how far he can go.
George Retes is a 25-year-old Hispanic natural-born American citizen and disabled Army veteran working as a security guard at a legal marijuana operation in California. When it was raided by Immigration and Customs Enforcement (ICE), he got in his car and tried to drive away to avoid getting in the middle of what he saw as trouble.
Masked agents chased him down, smashed the window of his car and pepper-sprayed him in the face, dragged him out of his car, and disappeared him.
Testing.
Will Democrats make a stink? Will the media make it more than a one-day story? Will any Republicans break rank and stand against his excesses? Was it even mentioned on any of the Sunday shows? How far can he go next time?
So far, Trump thinks he’s winning these tests. The outrages are coming so fast and furious that it’s becoming impossible to keep track of them, just like in Germany in 1933 and Chile in 1973.
Retes wasn’t the only U.S. citizen who’s been arrested or detained by ICE; they’ve gone after a mayor, a member of Congress, and even assaulted a United States senator.
A 71-year-old grandmother was assaulted and handcuffed by masked agents. Axios documents others; as the CNN headline on the story about other U.S. citizens being snatched notes: “‘We Are Not Safe in America Today:’ These American Citizens Say They Were Detained by ICE.”
Testing.
After years of hysteria on the billionaire-owned sewer of Fox “News” about our nation’s first Black president deploying “FEMA Camps” to detain white conservatives, Stephen Paddock killed 58 people and wounded hundreds of others in Las Vegas, ranting that Federal Emergency Management Agency Camps set up after Hurricane Katrina in 2005 were “a dry run for law enforcement and military to start kickin’ down doors and... confiscating guns.”
He murdered those innocent concertgoers, he said, to “wake up the American public and get them to arm themselves,” saying, “Sometimes sacrifices have to be made.”
Now those detention facilities conservatives feared has come into being, as Republicans in Congress just funded concentration camps like “Alligator Auschwitz” in multiple states across America.
Visiting congress members claim inmates are packed over 30 to a cage, with Rep. Debbie Wasserman Schultz (D-Fla.) reporting her horror when she was shown that “they get their drinking water, and they brush their teeth, where they poop, in the same unit.”
Testing.
We recently learned via CBS News from a whistleblower and now-released texts that Trump’s former lawyer and now-nominee for a lifetime federal judgeship, Emil Bove, then working in the Justice Department, advised the administration officials to tell federal courts “fuck you” when they ordered the return of Kilmar Abrego Garcia from an El Salvadoran hellhole concentration camp.
But now—as it was in South Korea when their president tried to end democracy there last year and people poured into the streets and forced the government to act—it’s apparently going to be pretty much exclusively up to us.
For months, the administration appears to have followed his obviously unconstitutional and illegal advice. Republicans want him on the federal bench anyway.
Testing.
Kilmar Abrego Garcia—who Trump official Erez Reuveni said had been deported “in error”—described how he was treated in that El Salvadoran concentration camp, telling his attorneys and the court that he’d been repeatedly beaten, then forced to kneel from 9:00 pm to 6:00 am “with guards striking anyone who fell from exhaustion.”
He had committed no crime and was deported in open violation of a federal judge who demanded the plane either not take off or return before landing in El Salvador. The Trump administration simply and contemptibly ignored the court’s order.
Testing.
In a White House visit, Trump told the El Salvadoran president, Nayib Bukele (who refers to himself as “the world’s coolest dictator”), that he wants to send American citizens to that country’s torture centers.
“The homegrowns are next, the homegrowns,” Trump said as the two men laughed. “You’ve got to build about five more places.”
Testing.
Meanwhile, ICE detention facilities are also holding U.S. citizens like Andrea Velez, 32, who was snatched by masked agents during a raid in Los Angeles. As LA’s ABC News affiliate Channel 7 reported:
Velez, a marketing designer and Cal Poly Pomona graduate, was arrested Tuesday morning after her family dropped her off at work. According to her attorneys, Velez's sister and mother saw her being approached and grabbed by masked men with guns, so they called the Los Angeles Police Department to report a kidnapping.
Police responded to the scene near Ninth and Spring streets and realized the kidnapping call was actually a federal immigration-enforcement operation.
She’s out of the detention facility now, but on $5000 bond; ICE apparently has plans for her future.
Testing.
And now Trump is telling us he wants to strip a natural-born U.S. citizen comedienne—who’s made jokes about him that pissed him off—of her U.S. citizenship, “Because,” he says, “of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship.”
If he can do it to Rosie—if there isn’t furious pushback (and so far, there isn’t) against this latest test—he can do it to me or you.
Hitler gained the chancellorship of Germany in January 1933; by July of that same year, a mere six months later, he’d revoked the citizenship of thousands for the crimes of being “socialists,” “communists,” Jews, or journalists and commentators who’d written or spoken ill of him. Trump appears to be just a bit behind him on that timeline.
Testing.
Trump wants NPR and PBS defunded as soon as possible, having issued an Executive Order to that effect, and has ordered his Federal Communications Commission to launch investigations that could strip major TV networks of their broadcast licenses if they continue to report on him and his activities in ways that offend him. He shut down the Voice Of America, ending America’s promotion of democracy across the world. He kicked The Associated Press out of the White House press pool.
Testing.
Trump has declared large strips of land along the southern border to be federalized territory and put the American military in charge of policing the area, in clear violation of the Posse Comitatus Act. That law prohibits the military from performing any sort of police function against civilians.
Testing.
When students spoke out on campus against Trump ally and longtime Kushner family friend Israeli Prime Minister Bibi Netanyahu’s murderous assault of Gaza and support for settlers stealing West Bank land from Palestinians, armed and masked federal agents began arresting those students, imprisoning them for their First Amendment-protected speech.
Then Trump went after their universities, bringing several to heel just as Orbán has in Hungary and Putin has in Russia.
Testing.
Yesterday, six Republicans on the Supreme Court said that Trump could wholesale mass- fire employees of the Department of Education, essentially shutting down an agency created and funded by Congress in defiance of the constitutional requirement that the president “shall take Care that the Laws be faithfully executed.” Justice Sonia Sotomayor wrote the dissent, flaming in extreme alarm at her colleagues:
This decision] hands the Executive the power to repeal statutes by firing all those necessary to carry them out... The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave.
Or maybe the six Republican justices on the court are just scared? After all, judges across the country are being threatened, having pizzas delivered to their homes in the middle of the night by way of saying, “We know where you live.” This after U.S. District Judge Esther Salas’ son, Daniel Anderl, was fatally shot at their New Jersey home by a gunman disguised as a pizza delivery driver. Her husband was also shot, but survived.
A few months ago, after one of Trump’s rants against judges who rule against him, Judge Salas told the press:
Hundreds of pizzas have been delivered to judges all over this country in the last few months. And in the last few weeks—judges’ children. And now Daniel’s name was being weaponized to bring fear to judges and their children. You’re saying to those judges—“You want to end up like Judge Salas? You want to end up like Judge Salas’ son?”
Testing.
What’s next? Will we see Americans who’ve spoken poorly of Trump on social media arrested like both Orbán and Putin do?
Will more students end up on the ground or in jail?
Will more judges be charged with the crime of running their own courtrooms in ways Trump and ICE dislike?
More mayors arrested?
More Democratic Senators taken to the ground and handcuffed?
Will Americans start being disappeared in numbers that can’t be ignored? Deported to El Salvador and South Sudan?
Will journalists be destroyed by massive libel suits or imprisoned for what they write?
Will more judges bend to Trump’s will because they’re either terrified or, like Clarence Thomas and Sam Alito, have apparently become radicalized by Fox “News” or other right-wing propaganda outlets?
The way we all react to these tests will determine Trump’s and the GOP’s next steps. So, what do we do?
Former President Barack Obama says Democrats need to “toughen up.” While true, it would have been nice to hear “tough” words of outrage, warning, and leadership from him and former Vice President Kamala Harris over the past six months. And former Presidents Bill Clinton and George W. Bush.
But now—as it was in South Korea when their president tried to end democracy there last year and people poured into the streets and forced the government to act—it’s apparently going to be pretty much exclusively up to us.
See you on July 17—this Thursday—for some “good trouble.”