cross-posted from: https://lemmy.ml/post/34115762

DOJ Citizenship Revocation Plans Raise Constitutional Concerns

The Justice Department issued a June 11, 2025 memo directing attorneys to "maximally pursue denaturalization proceedings," sparking concerns about potential political targeting of naturalized citizens[^1]. While the memo lists priorities like national security threats and criminal conduct, it includes broad language allowing cases deemed "sufficiently important to pursue"[^1].

Legal experts warn this discretion could enable politically motivated denaturalization. "The politicization of citizenship rights is something that really worries me, I think it's just flatly inconsistent with our democratic system," said Cassandra Burke Robertson, a law professor at Case Western Reserve University[^7].

Recent events highlight these concerns:

• The White House press secretary indicated support for investigating NYC mayoral candidate Zohran Mamdani's citizenship based on rap lyrics[^6]
• Trump suggested examining Elon Musk's citizenship status after Musk criticized his spending bill[^14]
• Trump threatened to revoke Rosie O'Donnell's citizenship, though this is legally impossible as she was born in the U.S.[^14]

Constitutional scholars emphasize that denaturalization through civil proceedings "lacks many constitutional protections," with no right to court-appointed lawyers or jury trials[^14]. The Supreme Court previously restricted denaturalization in 1967, ruling it "inconsistent with the American form of democracy, because it creates two levels of citizenship"[^1].

"Denaturalization is exceedingly rare and has occurred for people who concealed information of war crimes, Nazi membership, criminal histories, or immigration fraud such as using a stolen identity," said Michelle Mittelstadt of the Migration Policy Institute[^14].

[^1]: NPR - DOJ announces plans to prioritize cases to revoke citizenship

[^6]: MSNBC - Trump's DOJ issues memo on plan to strip citizenship

[^7]: CNN - Law used to kick out Nazis could be used to strip citizenship from many more Americans

[^14]: PolitiFact - Can Donald Trump revoke Rosie O'Donnell's U.S. citizenship?

DOJ Citizenship Revocation Plans Raise Constitutional Concerns

The Justice Department issued a June 11, 2025 memo directing attorneys to "maximally pursue denaturalization proceedings," sparking concerns about potential political targeting of naturalized citizens[^1]. While the memo lists priorities like national security threats and criminal conduct, it includes broad language allowing cases deemed "sufficiently important to pursue"[^1].

Legal experts warn this discretion could enable politically motivated denaturalization. "The politicization of citizenship rights is something that really worries me, I think it's just flatly inconsistent with our democratic system," said Cassandra Burke Robertson, a law professor at Case Western Reserve University[^7].

Recent events highlight these concerns:

• The White House press secretary indicated support for investigating NYC mayoral candidate Zohran Mamdani's citizenship based on rap lyrics[^6]
• Trump suggested examining Elon Musk's citizenship status after Musk criticized his spending bill[^14]
• Trump threatened to revoke Rosie O'Donnell's citizenship, though this is legally impossible as she was born in the U.S.[^14]

Constitutional scholars emphasize that denaturalization through civil proceedings "lacks many constitutional protections," with no right to court-appointed lawyers or jury trials[^14]. The Supreme Court previously restricted denaturalization in 1967, ruling it "inconsistent with the American form of democracy, because it creates two levels of citizenship"[^1].

"Denaturalization is exceedingly rare and has occurred for people who concealed information of war crimes, Nazi membership, criminal histories, or immigration fraud such as using a stolen identity," said Michelle Mittelstadt of the Migration Policy Institute[^14].

[^1]: NPR - DOJ announces plans to prioritize cases to revoke citizenship

[^6]: MSNBC - Trump's DOJ issues memo on plan to strip citizenship

[^7]: CNN - Law used to kick out Nazis could be used to strip citizenship from many more Americans

[^14]: PolitiFact - Can Donald Trump revoke Rosie O'Donnell's U.S. citizenship?

The Justice Department is aggressively prioritizing efforts to strip some Americans of their U.S. citizenship.

Department leadership is directing its attorneys to prioritize denaturalization in cases involving naturalized citizens who commit certain crimes — and giving district attorneys wider discretion on when to pursue this tactic, according to a June 11 memo published online. The move is aimed at U.S. citizens who were not born in the country; according to data from 2023, close to 25 million immigrants were naturalized citizens.

The focus on denaturalization is just the latest step by the Trump administration to reshape the nation's immigration system across all levels of government, turning it into a major focus across multiple federal agencies. That has come with redefining who is let into the United States or has the right to be an American. Since his return to office, the president has sought to end birthright citizenship and scale back refugee programs.

Denaturalization is a tactic heavily used during the McCarthy era and one that was expanded during the Obama administration and grew further during President Trump's first term. It's a tool usually used in only the most serious and rare of cases: dealing with Nazis or war criminals.