For most of U.S. history, the federal government has rarely resorted to forcibly removing someone’s citizenship. This tool was mainly used in egregious cases, against those who were deemed to be war criminals or former Nazis. However, it has been used in limited cases to target communities of color, and in particular Arab, Middle. Eastern, Muslim, and South Asian (AMEMSA) communities.
In the early 1900s, the Supreme Court Case U.S. v. Bhagat Singh Thind held that South Asians were not white, and thus could not be citizens. As a result, between 60 and 70 South Asians lost their U.S. citizenship through denaturalization. In recent years, it is once again being used against naturalized immigrants with no such connections to genocide or war crimes, which indicates a biased and discriminatory use of this tool may be on the rise.
Between 2017 and 2020, the Trump administration pursued far more denaturalization cases than any prior administration. In 2018, USCIS created a new office focused on denaturalization investigations, including of people the government suspected of green card fraud.
In 2020, the Biden Administration created a new Department of Justice (DOJ) office dedicated to prosecuting denaturalizations. In December 2022, the DOJ also updated its official policy on denaturalization. The policy includes vague language that could be used to increase denaturalization investigations of AMEMSA communities who are subject to unjust national security profiling and targeting because of their national origin, religion, race, and ethnicity.
Despite this ramp-up, only a very small percentage of naturalized U.S. citizens are at risk of being targeted for denaturalization. But in the unlikely event you are targeted, it’s important to know how to protect your rights and freedoms. That’s why the Asian Law Caucus is sharing this guidance.
Why Are More People Being Targeted for Denaturalization?
The Department of Homeland Security (DHS), DOJ, and other federal agencies are relying more on databases and algorithms to make decisions about who should be investigated for potential denaturalization.
Among a growing web of federal surveillance and investigative tools, we’re deeply concerned by automated background check tools like ATLAS and biometric databases like HART. These tools use data from local and state police, which are riddled with racially biased, discriminatory, and often unverified information. With Black and Brown communities already over-policed, these tools only serve to reinforce systemic racism in policing.
As The Intercept explains, “powered by servers at tech giant Amazon, [ATLAS] in 2019 alone conducted 16.5 million screenings and flagged more than 120,000 cases of potential fraud or threats to national security and public safety.” These large numbers are contributing to the rise in denaturalization investigations by DOJ and DHS officials, and disturbingly, these federal agencies are refusing to be transparent about how ATLAS and HART work.
The Immigrant Defense Project (IDP), Just Futures Law, and Mijente have released a detailed report that explains how DHS’s massive biometrics database will supercharge surveillance of many communities and threaten our civil rights. HART creates digital profiles of people using fingerprints, facial recognition data, and “miscellaneous officer comment information,” which is the officer’s personal feelings and impressions of the person. DHS officers are violating privacy rights under the unjustified and ineffective cover of national security, not unlike the Muslim & African Bans.
Grounds for Denaturalization
Under current DOJ policy, there are five primary grounds for denaturalization. The U.S. government can use any of these grounds to pursue a denaturalization case:
1. Naturalization was obtained illegally, such as an individual was not eligible for naturalization in the first instance.
2. Naturalization was obtained through concealment of material fact or by willful misrepresentation, such as an individual did not purposefully mention a fact that would have affected the decision on their citizenship application. This can also include certain situations that may arise after someone has already become a citizen.
3. An individual was in the Armed Forces AND was discharged other than honorably.
4. An individual became a naturalized citizen through the naturalization of a parent or spouse AND that relative’s naturalization was subsequently revoked.
5. An individual is criminally convicted under 18 U.S. Code § 1425 “Procurement of citizenship or naturalization unlawfully.”
What Should You Do To Protect Your Rights?
Even as federal agencies are investigating more people than ever before for denaturalization, it is still very unlikely that you or someone you know could be subject to this type of investigation. We want people to know what to do if you suspect this may be happening.
If you are targeted, you will be served a formal DOJ complaint before any denaturalization process starts. The complaint will provide some information about why the government is attempting to revoke your citizenship. While the complaint will provide some information about why the federal government has started this process, it rarely offers full transparency. Still, even if you are served this complaint, there are steps to protect yourself.
You will have 60 days to respond to any complaint. If you receive a complaint, it is important to contact an attorney right away. If you have not received a complaint but are worried that you may fall under the categories listed above, reach out to a civil rights attorney to get help assessing your risk and legal options.
If you were naturalized through someone who has subsequently been denaturalized themselves, we especially recommend reaching out to an attorney. While the complaint will provide some information about why the federal government has started this process, it unfortunately rarely offers full transparency.
You can contact civil rights attorneys at the Asian Law Caucus at 415-896-1701. We provide free legal services in Urdu, Arabic, and Farsi, among other languages.
Resources
For more information about the different grounds for denaturalization and potential legal defenses, the Immigrant Legal Resource Center has created an advisory: Denaturalization And Revocation of Naturalization Practice Advisory | February 2020.
For questions about applying for U.S. citizenship - which is an entirely different and separate process - please contact CAIR-SFBA, Pangea Legal Services, or Pars Equality Center.
ALC's downloadable know your rights factsheet: Denaturalization: What You Need to Know