Tuesday 15 July 2025

Last month the Department of Justice (“DOJ”) issued a memo signaling a heightened focus on denaturalization efforts by the Civil Division. The memo expands the discretion of US attorneys to pursue cases where individuals are suspected of having obtained citizenship through fraud or misrepresentation. Assistant Attorney General Brett Shumate also named denaturalization as one of the DOJ’s top five priorities in support of the administration’s broader immigration objectives.

Denaturalization is not without precedent. It was previously used in the aftermath of World War II to remove former Nazis who had concealed their past, and during the McCarthy era against individuals accused of communist affiliations. More recently, Operation Janus—launched under the Obama administration and expanded under the first Trump administration—sought to denaturalize individuals who obtained citizenship using fraudulent identities.

However, this renewed emphasis on denaturalization raises major concerns among legal experts and immigrant rights advocates. Importantly, critics warn of due process risks and potential violations of the 14th Amendment, especially as denaturalization is a civil, not criminal, proceeding. As such, individuals are not guaranteed legal representation, and the government faces a lower burden of proof than in criminal cases.

Additionally, the broad language in the DOJ memo raises alarms that denaturalization efforts could be applied beyond cases of fraud or criminal conduct. The issue is not that the Justice Department secured the denaturalization of a convicted collector and distributor of child sexual abuse material for example, but rather that far less serious crimes may be used as grounds for denaturalization. Further, President Trump has made controversial statements suggesting the possibility of revoking citizenship based on political views, such as with his public remarks about Zohran Mamdani, a Democratic nominee for New York City mayor. Ultimately, critics fear that this policy shift represents an effort by the administration to curb not only illegal immigration but legal immigration.

We will continue to monitor and report on further developments regarding denaturalization. If you have questions about how this policy may affect you or your family, please contact your Laura Devine Immigration attorney or email us at enquiries@lauradevine.com.