USCIS Plans to Revoke Citizenship in Federal Courts

A shift in federal immigration policy has reignited debate over the legal mechanism that allows the revocation of citizenship for naturalized individuals.

Federal authorities have set a target of processing between 100 and 200 cases each month to fuel denaturalization lawsuits in federal courts.

The plan involves deploying specialized personnel or reallocating staff to regional offices to identify potential cases nationwide.

The objective is to forward these cases to the office responsible for immigration litigation, thereby increasing the number of lawsuits filed in federal court.

Denaturalization: A Historical Perspective

Denaturalization is not a new concept. It is a judicial process where the government requests the annulment of citizenship if it believes it was obtained through fraud or significant misrepresentation.

Historically, these processes have been rare and focused on severe cases, such as concealing criminal records, participation in war crimes, or links to activities threatening national security.

The United States Citizenship and Immigration Services (USCIS) has affirmed its "zero tolerance for fraud in the naturalization process" and plans to initiate proceedings against those who "lied or misrepresented their identity."

Collaboration and Legal Proceedings

The agency stated it will continue working with the United States Department of Justice to maintain the integrity of the system.

According to official data cited by NBC News, 102 denaturalization cases were filed during President Donald Trump's first term. In the current presidential term, 16 cases have already been filed, with seven resolved in favor of the government, including one involving a British citizen convicted of crimes related to explicit sexual material involving minors.

Focus on National Security and Fraud

The Department of Justice has directed its attorneys to prioritize cases involving individuals deemed a threat to national security and those who have committed fraud against public programs like Medicaid or Medicare.

There is also a broad clause allowing the pursuit of any other case the division considers sufficiently significant, raising concerns among analysts about the potential for discretionary application.

Each year, approximately 800,000 people complete the naturalization process in the United States. To obtain citizenship, they must be legal permanent residents, adults, pass a civic test, demonstrate basic English proficiency, and exhibit "good moral character," a criterion that may gain more importance under this new approach.

Challenges and Legal Implications

Some experts have noted that the analysis of moral character could extend beyond clear criminal records.

Recent cases show that even tax debts, despite having payment plans, have been considered in immigration evaluations.

Despite the projected increase in investigations, denaturalization is not automatic. It requires a formal lawsuit in federal courts and high evidentiary standards.

The process can take years. If citizenship is revoked, the individual faces a separate deportation process.

Doug Rand, a former USCIS official, emphasized that no president can unilaterally strip a naturalized person of citizenship, as the final decision rests with a judge.

However, civil rights advocates warn that these lawsuits are handled through civil courts, meaning defendants do not have an automatic guarantee of legal representation.

Impact on Naturalized Citizens

Cassandra Robertson, a professor at Case Western Reserve University, explained that in these proceedings, the government's burden of proof is lower than in criminal cases, which can expedite judicial decisions.

Sarah Pierce, a former USCIS official, expressed concern that the agency's broad discretion could leave some naturalized citizens vulnerable to retroactive claims of fraud or misrepresentation.

The Migration Policy Institute estimates that about 25 million naturalized citizens currently reside in the country.

For some experts and organizations, the increase in these processes could reinforce the perception that citizenship acquired through naturalization is more susceptible to scrutiny than birthright citizenship.

Sameera Hafiz, from the Immigration Legal Resource Center, warned that this approach could lead to a "two-tier" citizenship, with certain groups facing greater exposure to retroactive reviews.

While the administration argues that the goal is to safeguard the legality of the immigration system and combat fraud, the increase in investigations and the setting of monthly targets raise concerns about the scope, limits, and consequences of making denaturalization a more frequent tool in U.S. immigration policy.