The U.S. Department of Justice (DOJ) under President Trump issued a memo on June 11, 2025, directing its Civil Division to prioritize denaturalization of naturalized U.S. citizens in certain cases. This memo expands the scope of denaturalization, a process to revoke citizenship from naturalized Americans, beyond its historically limited use. Below is an explanation of who may fall under this group based on the memo’s criteria, as reported in recent sources.
Who Falls Under This Group?
The DOJ memo outlines specific categories of naturalized citizens who may be targeted for denaturalization through civil proceedings. These include:
1. Individuals Who Illegally Procured Naturalization:
• Those who obtained U.S. citizenship through fraud, such as providing false statements or fraudulent documents during the naturalization process. This includes misrepresentations that directly affect eligibility, like failing to disclose prior criminal convictions or deportation orders.
2. Naturalized Citizens Convicted of Specific Crimes:
• The memo prioritizes denaturalization for those convicted of serious offenses, including:
• War crimes, genocide, or human rights abuses (e.g., extrajudicial killings or torture).
• Terrorism-related activities or ties to organized crime.
• Serious financial fraud, such as Medicaid/Medicare fraud or Paycheck Protection Program (PPP) loan fraud.
• Other crimes where the individual is deemed an “ongoing threat to the United States” or a “potential danger to national security.”
3. Individuals with Material Misrepresentations:
• Citizens who concealed material facts during naturalization, such as prior criminal history, membership in illegal groups (e.g., terrorist organizations), or undisclosed deportation orders. Even decades-old administrative errors or omissions could be scrutinized under the memo’s broader prosecutorial discretion.
4. Accused but Not Necessarily Convicted:
• The memo allows prosecutors to pursue denaturalization for individuals accused of certain crimes, even without a conviction, particularly if they are deemed a potential national security threat. This vague criterion raises concerns about overreach, as it could include pending cases or unproven allegations.
Key Details and Concerns
• Civil Proceedings: Denaturalization cases under this memo will primarily use civil litigation, which has a lower burden of proof than criminal cases, requires only a “preponderance of evidence,” and does not guarantee the right to an attorney. This makes the process faster but reduces protections for the accused.
• Historical Context: Denaturalization has historically been rare, used primarily for war criminals (e.g., Nazis) or those who committed clear immigration fraud. The Trump administration’s expansion began in its first term and has now intensified, potentially affecting millions of the estimated 25 million naturalized U.S. citizens.
• Example Case: On June 13, 2025, a federal judge revoked the citizenship of Elliott Duke, a UK-born U.S. military veteran, for concealing a conviction related to child sexual abuse material during naturalization. This case is seen as a precedent for the new policy.
• Legal and Ethical Concerns: Critics, including immigration attorneys and legal scholars like Cassandra Robertson, argue that the policy risks violating due process and 14th Amendment rights, potentially creating a “two-tiered” citizenship system that disproportionately targets foreign-born citizens. The broad discretion given to prosecutors and the lack of legal counsel in civil cases heighten fears of abuse and racial profiling.
Broader Implications
• The memo aligns with the Trump administration’s broader immigration agenda, including mass deportation efforts and restrictions on birthright citizenship.
• Immigration advocates warn that the policy could erode trust in the naturalization process and create uncertainty for naturalized citizens, even those who have been U.S. citizens for decades.
• The Supreme Court’s recent ruling limiting nationwide injunctions may facilitate the implementation of such policies, though legal challenges continue.
Conclusion
Naturalized U.S. citizens at risk of denaturalization under this DOJ memo include those who obtained citizenship through fraud or misrepresentation, as well as those convicted of or accused of serious crimes like war crimes, terrorism, or financial fraud.