Washington, D.C. – The Department of Justice (DOJ) is signaling a major shift in its approach to denaturalizing certain naturalized U.S. citizens.
According to a memo dated June 11, Assistant Attorney General Brett Shumate has given U.S. attorneys broad discretion to pursue denaturalization in cases that align with the Trump administration’s immigration crackdown.
The memo outlines that cases involving individuals who have committed serious crimes, such as torture, war crimes, human trafficking, and human rights violations, should be prioritized, but it also includes other cases of criminal behavior and procedural issues that could lead to denaturalization.
The New Approach to Denaturalization
The memo instructs U.S. attorneys to pursue denaturalization cases that are not limited to those related to terrorism or war crimes, marking a shift in policy. While past administrations have generally avoided aggressive denaturalization efforts, the memo indicates a more proactive stance.
Brett Shumate wrote that the Civil Division should “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.”
For U.S. attorneys, this means they now have the discretion to pursue denaturalization for a wide range of cases, including those where there have been undisclosed criminal records or procedural errors during the naturalization process. These changes signal that the DOJ is willing to pursue denaturalization more aggressively than in the past.
Historical Context: A Shift from the Past
Historically, the U.S. government pursued denaturalization cases at a very low rate. According to a report by the Immigrant Legal Resource Center (ILRC) in 2020, between 1990 and 2017, the government pursued an average of only 11 denaturalization cases per year.
However, the rate of these cases skyrocketed under the Trump administration. In 2018, the U.S. Citizenship and Immigration Services (USCIS) announced plans to refer 1,600 cases for denaturalization proceedings, a significant increase from previous years.
This shift has raised concerns among immigration advocates and legal experts, who argue that the government’s increased focus on denaturalization could disproportionately target immigrants who may have minor procedural errors in their naturalization process, rather than individuals involved in serious criminal activities.
Attorney Rosanna Berardi’s Take on the Memo
Rosanna Berardi, an immigration attorney, noted that the new DOJ memo represents a significant change in how the Department of Justice will handle naturalized citizens.
In an interview with ABC News, Berardi said, “The memo clearly signals that DOJ is going to pursue more of these cases, and not just against terrorists or war criminals. Even cases involving undisclosed criminal records or procedural errors during naturalization are now on the radar.”
She went on to explain that in her 28 years of practice, the government has rarely pursued naturalized citizens for denaturalization, but this new directive marks a departure from that mentality.
The Broader Agenda: Other DOJ Priorities
In addition to denaturalization, the DOJ memo outlines other priorities for the department, including taking legal action against sanctuary states and jurisdictions and combating antisemitism.
These priorities align with the Trump administration’s broader policy goals, which focus on tightening immigration enforcement and challenging policies seen as supportive of illegal immigration.
What This Means for Naturalized Citizens
The expanded focus on denaturalization could have far-reaching implications for naturalized citizens in the U.S.
While denaturalization proceedings are still relatively rare, the memo indicates that the DOJ is prepared to act more aggressively, particularly when there is evidence of serious criminal behavior or procedural violations during the naturalization process.
This could lead to heightened scrutiny of immigrants’ naturalization status and increased legal challenges for individuals who may have assumed their citizenship was secure.