US steps up move to strip citizenship from some naturalised immigrants

US Justice Department makes denaturalisation a top priority, using civil lawsuits to revoke citizenship of naturalised immigrants accused of crimes or fraud

The United States Department of Justice has expanded efforts to strip citizenship from naturalised Americans, particularly in cases involving fraud or criminal convictions. In an internal memo dated June 11, reviewed by The Guardian, the department placed denaturalisation among its top five enforcement priorities.

 

Assistant Attorney General Brett A Shumate instructed the civil division to “prioritise and maximally pursue denaturalisation proceedings in all cases permitted by law and supported by the evidence”.

 

The new directive is expected to affect a wide base of foreign-born citizens. According to 2023 government data, nearly 25 million immigrants in the US hold naturalised status.

 

 

Politicians and veterans among those targeted

 

While most proceedings involve individuals accused of lying on forms or committing fraud, the crackdown has reached into public life. The White House is weighing action against Zohran Mamdani, the newly elected mayor of New York City, who was born outside the US.

 

Congressman Andy Ogles has urged the administration to revoke Mamdani’s citizenship, alleging he may have concealed his support for “terrorism” during the naturalisation process. “The president is considering an investigation,” said White House Press Secretary Karoline Leavitt.

 

In another case, a federal judge on June 13 ordered the revocation of citizenship for Elliott Duke, a military veteran originally from the UK. Duke had been convicted of distributing child sexual abuse material. NPR reported that Duke, who uses they/them pronouns, admitted to the offences before becoming a US citizen. After relinquishing their British citizenship during the naturalisation process, Duke is now stateless and reportedly struggled to find legal representation in the civil case.

 

Civil route raises legal concerns

 

The government is increasingly relying on civil litigation rather than criminal prosecution to revoke citizenship. This shift has raised alarm among legal scholars and immigration attorneys, who argue it lowers protections for the accused.

 

“Stripping Americans of citizenship through civil litigation violates due process and infringes on the rights guaranteed by the 14th Amendment,” said Cassandra Robertson, law professor at Case Western Reserve University, speaking to NPR, a major US media organization. She added that civil cases do not guarantee government-funded legal counsel and require a lower standard of proof.

 

Sameera Hafiz, policy director at the Immigration Legal Resource Center, warned that the shift could create unequal tiers of citizenship. “It is kind of, in a way, trying to create a second class of US citizens,” she told NPR.

 

Can naturalised citizens lose their US citizenship?

 

Yes—but under specific legal conditions, said Dinesh Jotwani, co-managing partner at Jotwani Associates.

 

“Naturalised US citizens enjoy nearly all the constitutional and legal rights afforded to birthright citizens, with one crucial exception: the possibility of denaturalisation,” he told Business Standard.

 

He explained that the DOJ is allowed to revoke citizenship obtained through fraud, concealment, or material misrepresentation during the naturalisation process under 8 U.S.C. § 1451.

 

“Birthright citizens, in contrast, enjoy absolute citizenship which cannot be involuntarily revoked, except in cases of voluntary renunciation,” he said, citing the US Supreme Court’s ruling in Afroyim v. Rusk (1967).

 

How serious must the offence be?

 

Not all offences qualify. “The DOJ’s increased focus does not mean that any minor or old offence automatically places a naturalised citizen at risk,” Jotwani said.

 

For denaturalisation to proceed:

 

• The individual must have knowingly lied or withheld a material fact, such as a criminal record or links to terror groups

• The falsehood must have affected the decision to grant citizenship

• In some cases, even post-naturalisation crimes can trigger denaturalisation if the person was ineligible for citizenship at the time

 

“Minor offences—such as traffic violations or drink driving—are unlikely to meet the legal threshold, especially without intent to deceive,” he said. Courts generally require clear, egregious fraud to reopen citizenship cases years later.

 

That said, the DOJ may rely on newer tools such as data mining, archived file reviews, and social media scrutiny in fraud-related cases.

 

What protections do naturalised citizens have?

 

While denaturalisation cases are on the rise, the legal process remains rigorous.

 

“Naturalised citizens retain strong safeguards,” Jotwani said. These include:

 

• The right to judicial review

• The requirement for civil or, in rare cases, criminal proceedings

• The right to legal counsel and due process under the Constitution

 

He added that the US government must prove denaturalisation cases using “clear, convincing, and unequivocal evidence” because of the serious consequence of rendering a person stateless.

 

“Those with concerns about past disclosures should consider legal advice,” he said.