DOES FAKE ASYLEES WHO OBTAINED GREENCARD WITH FAKE MISREPRESENTATION AND DOCUMENTS IN THE PAST FALL UNDER THIS GROUP?
Yes, a fake asylee who acquired a green card and subsequently obtained U.S. citizenship through naturalization could fall under the group targeted by the DOJ memo issued on June 11, 2025, for potential denaturalization. Here’s why:
Relevant Criteria from the DOJ Memo
The memo prioritizes denaturalization for naturalized U.S. citizens who:
1. Illegally Procured Naturalization: This includes individuals who obtained citizenship through fraud or material misrepresentation during the naturalization process. If someone falsely claimed asylum to secure a green card and later naturalized, this could be considered fraud or misrepresentation, as their initial immigration status (asylee) was obtained under false pretenses.
2. Concealed Material Facts: If the individual failed to disclose during the naturalization process that their asylum claim was fraudulent (e.g., fabricated persecution or false documents), this would constitute a material misrepresentation. Such omissions could directly affect their eligibility for citizenship, as naturalization requires lawful admission to the U.S. as a permanent resident.
3. Potential National Security or Public Safety Concerns: If the fraudulent asylum claim is linked to activities deemed a “potential danger to national security” or an “ongoing threat to the United States,” the memo’s broad discretion allows prosecutors to pursue denaturalization, even without a criminal conviction.
How This Applies to a Fake Asylee
• Fraudulent Asylum to Green Card: If an individual obtained asylum by submitting false claims, documents, or testimony (e.g., fabricating persecution or identity), their green card (lawful permanent resident status) would be based on fraud. Since naturalization requires a valid green card, any fraud in the asylum process could taint the entire immigration history, making their citizenship vulnerable to revocation.
• Civil Denaturalization Process: The DOJ memo emphasizes civil proceedings, which have a lower burden of proof (preponderance of evidence) than criminal cases. Evidence of a fraudulent asylum claim, such as inconsistencies in applications, false documents, or testimony, could suffice to initiate denaturalization without requiring a criminal conviction.
• Examples and Precedents: While specific cases of fake asylees are not detailed in the provided sources, cases like that of Elliott Duke (denaturalized for concealing a criminal conviction) illustrate how concealing material facts during naturalization can lead to citizenship revocation. A fake asylee’s fraud would similarly undermine the legality of their naturalization.
Key Considerations
• Scope of Investigation: The DOJ’s focus includes reviewing immigration files for fraud or misrepresentation, which could uncover fake asylum claims from years prior, even if the individual has been a citizen for decades.
• Risk of Broad Application: The memo’s vague criteria (e.g., “potential danger”) could lead to overreach, where even minor misrepresentations in asylum applications are used to justify denaturalization, especially if prosecutors prioritize high-profile or politically motivated cases.
• Legal Consequences: If denaturalized, the individual would revert to their prior immigration status (e.g., permanent resident or undocumented, depending on their case). If their green card was also fraudulently obtained, they could face deportation proceedings.
Conclusion
A fake asylee who acquired a green card through fraud and later naturalized is highly likely to fall under the group targeted by the DOJ memo, as their citizenship could be deemed illegally procured due to fraud or material misrepresentation. The memo’s emphasis on civil denaturalization and broad prosecutorial discretion increases this risk. For further details, you can refer to sources like The Guardian or NPR discussing the memo’s implications.
Last edited: 30-Jun-25 11:40 PM