Trump Is Now Coming for Legal Citizens' Passports

Trump Is Now Coming for Legal Citizens' Passports

The Trump administration announced Monday it is seeking to revoke the citizenship of 17 naturalized U.S. citizens, the largest single denaturalization action in American history. Acting Attorney General Todd Blanche called it "zero tolerance" enforcement. Legal scholars call it the opening of a door that has never been opened this wide, and they are worried about who walks through it next.

Between 1990 and 2017, the Justice Department filed an average of just 11 denaturalization complaints per year. The Trump DOJ filed 64 cases in its first 16 months alone, already surpassing the entire four-year Biden administration total. Last month's batch of 12 cases was, at the time, the largest in years. Monday's 17 broke that record in a single announcement.

What the Cases Actually Say

The 17 individuals targeted include people convicted of serious crimes: child sex abuse, wire fraud, drug trafficking, and H-1B visa fraud. The Justice Department's legal theory in each case is the same: the person concealed criminal conduct or lacked "good moral character" when they applied for citizenship, so the citizenship was fraudulently obtained and should be revoked.

If the government wins, those 17 people lose their U.S. passports, revert to permanent resident status, and become deportable. That last word is the point.

Homeland Security Secretary Markwayne Mullin was direct about the goal: "American citizenship is a privilege, and it must be earned honestly. If you come here, break our laws, and lie in your immigration proceedings, you forfeit that privilege."

"Once it becomes easy to take somebody's citizenship away, it becomes easy to take anybody's citizenship away." — Cassandra Robertson, law professor, Case Western Reserve University

Blanche, who was Trump's personal criminal defense attorney before becoming acting attorney general, put it differently: "Criminal aliens are lying about their past crimes, including drug dealers, sexual predators, and fraudsters."

The Legal Trap Naturalized Citizens Face

Here is what civil rights lawyers want every naturalized American to understand about how these proceedings work.

Civil denaturalization cases carry fewer constitutional protections than criminal proceedings. Defendants are not entitled to appointed attorneys if they cannot afford one. There is no statute of limitations, meaning the government can reach back 20 or 30 years into someone's immigration file and challenge paperwork filed decades ago. Witnesses are gone. Documents are missing. Memory is fallible.

NPR reviewed 34 publicly announced denaturalization cases and found that in multiple instances, defendants lacked any legal representation. Several lost their citizenship with minimal or no court appearance on their part. In one case, a former Ukrainian-born resident had his citizenship revoked after neither he nor any attorney appeared at all.

The DOJ has also assigned these cases to U.S. attorneys offices across the country, and according to a former DOJ attorney who left last year, the mandate under Trump shifted from prosecutorial discretion to pursuing anyone "potentially eligible, even for minor paperwork errors or immaterial discrepancies."

Who Else Is on the List

The administration has not limited its denaturalization rhetoric to people with criminal convictions. NPR reported that DOJ officials have threatened the citizenship of New York City Mayor Zohran Mamdani and Rep. Ilhan Omar of Minnesota, both naturalized U.S. citizens and both political opponents of the administration.

Cassandra Robertson, the Case Western law professor who has studied denaturalization extensively, called the pattern "an attempt to suppress the political speech of naturalized citizens." A former DOJ attorney, speaking anonymously for fear of retaliation, said department leaders pressured lawyers to generate cases quickly, "sometimes by combing through news stories or social media posts involving naturalized citizens."

That is not a law enforcement strategy. It is opposition research with a deportation order at the end of it.

The Architecture of a Two-Tier Country

The Supreme Court ruled in 1967 that mass denaturalization is "inconsistent with the American form of democracy, because it creates two levels of citizenship." The Trump administration is building exactly that architecture, one case at a time, using a procedural vehicle that is slow enough to seem orderly and quiet enough to avoid the kind of backlash that overtly targeting citizens might generate.

The 17 people named Monday are not sympathetic figures. The administration chose them carefully for that reason. But the precedent being set is not about those 17 people. It is about the 23 million naturalized U.S. citizens who now live in a country where their government has made clear that their citizenship is conditional in a way that natural-born citizens' is not.

When acting attorney general Todd Blanche says "zero tolerance," he means it as a message, not a description of 17 court filings. The question is who receives that message and what they do with it.

Sources


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