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IMMIGRATION JULY 25, 2025 | The Indian Eye 32

Notwithstanding Trump’s Threats,

Can the Government Really Take

Away a Person’s Citizenship?

BY CYRUS MEHTA & “concealment of a material it through fraud or conceal- 8. Cases against individuals before becoming a U.S. citi-
KAITLYN BOX* fact or by willful misrepresen- ment of material information, who acquired naturaliza- zen, his agreement to commit
tation.” 8 U.S.C. § 1451(a). do not maintain the benefits tion through government crimes occurred prior to natu-
n recent weeks, the Trump The benefits of civil denatu- of the unlawful procurement. corruption, fraud, or mate- ralization.
administration’s immigra- ralization include the govern- The Civil Division shall rial misrepresentations, not Trump has already
Ition enforcement efforts ment’s ability to revoke the prioritize and maximally otherwise addressed by an- threatened Zohran Mam-
have increasingly turned to- citizenship of individuals who pursue denaturalization pro- other priority category; dani, the Democratic nomi-
wards U.S. citizens. Indeed engaged in the commission ceedings in all cases permit- 9. Cases referred by a United nee for mayor of New York
President Trump has been of war crimes, extrajudicial ted by law and supported by States Attorney’s Office or City and a naturalized U.S.
insinuating that his adminis- killings, or other serious hu- the evidence. To promote in connection with pending citizen, stating: “A lot of peo-
tration would look into taking man rights abuses; to remove the pursuit of all viable de- criminal charges, if those ple are saying he’s here ille-
away the citizenship of a num- naturalized criminals, gang naturalization cases available charges do not fit within gally. We’re going to look at
ber of high profile people. members, or, indeed, any in- under 8 U.S.C. § 1451 and one of the other priorities; everything”. In response to
A June 11, 2025 memo- dividuals convicted of crimes maintain the integrity of the and assertions that Mr. Mamdani
randum entitled Civil Divi- who pose an ongoing threat naturalization system while 10. Any other cases referred would not impede ICE’s ef-
sion Enforcement Priorities to the United States; and to simultaneously ensuring an to the Civil Division that forts to make arrests in New
and authored by Assistant At- prevent convicted terrorists appropriate allocation of re- the Division determines to York City, Trump replied,
torney General Brett A. Shu- from returning to U.S. soil or sources, the Civil Division be sufficiently important to “Well then we’ll have to arrest
mate states that: traveling internationally on has established the following pursue. him.” In a letter addressed to
The Department of Jus- a U.S. passport. At a funda- categories of priorities for de- If a U.S. citizen is con- Attorney General Pam Bon-
tice may institute civil pro- mental level, it also supports naturalization cases: victed of an offense relating di, Republican Congressman
ceedings to revoke a person’s the overall integrity of the 1. Cases against individuals to some of the factors in the Ogles requested that the Jus-
United States citizenship if naturalization program by who pose a potential dan- Shumate memo, such as per- tice Department open an in-
an individual either “illegally ensuring that those who un- ger to national security, in- petuating fraud against an vestigation into whether Mr.
procured” naturalization or lawfully procured citizenship, cluding those with a nexus individual or in the course of Mamdani should be subject
procured naturalization by including those who obtained to terrorism, espionage, or obtaining a PPP loan, there to “denaturalization proceed-
the unlawful export from should not be a basis for ings” over rap lyrics Mr. Ogles
the United States of sen- finding that he “illegally pro- claimed expressed solidarity
sitive goods, technology, cured” naturalization or pro- with individuals convicted of
or information raising cured naturalization by “con- terrorism-related offenses,
national security con- cealment of a material fact or before he was a U.S. citizen.
cerns; by willful misrepresentation” Trump has also threat-
2. Cases against indi- under 8 U.S.C. § 1451(a) if ened to rescind the U.S. cit-
viduals who engaged in the illegal acts occurred ex- izenship of former talk show
torture, war crimes, or clusively after he naturalized. host Rosie O’Donnell, stating
other human rights vio- The DOJ recently succeeded on Truth Social, “Because of
lations; in denaturalizing Elliot Duke, the fact that Rosie O’Don-
3. Cases against indi- who was arrested and charged nell is not in the best interests
viduals who further or with distribution of child por- of our Great Country, I am
furthered the unlawful nography after he naturalized. giving serious consideration
enterprise of criminal However, Duke confessed to to taking away her Citizen-
gangs, transnational downloading and distributing ship”. INA 349 provides that
criminal organizations, child pornography even prior acts such as obtaining natu-
and drug cartels; to his naturalization, and had ralization in a foreign state,
4. Cases against indi- answered “no” to the ques- entering the armed forces of
viduals who committed tion on Form N-400 that asks a foreign state as an officer
felonies that were not whether one has “ever com- or if such armed forces are in
disclosed during the nat- mitted a crime or offense for hostilities against the United
uralization process; which you were not arrested”. States, obtaining employ-
5. Cases against indi- In U.S. v. Olivar, which is the ment in the government of a
viduals who committed subject of further analysis in a foreign state after acquiring
human trafficking, sex of- prior blog, the Ninth Circuit the nationality of that foreign
m of fenses, or violent crimes; upheld the revocation of an state, or making a formal
CYRUS D. MEHTA & PARTNERS PLLC 6. Cases against indi- individual’s citizenship who renunciation of nationality
viduals who engaged in had agreed to commit crimes before a consular officer. A
various forms of finan- in the future, although he had U.S. citizen can also lose citi-

cial fraud against the not committed any overt act zenship if s/he is convicted of
United States (including prior to naturalization. Un- treason or related subversive

  Paycheck Protection Pro- like Duke, Olivar’s citizenship acts. The provision requires
   
­
€
‚   gram (“PPP”) loan fraud was revoked not because of that an individual voluntary
and Medicaid/Medicare his responses on Form N-400, perform these expatriating
fraud); but on the basis that he lacked acts “with the intention of
7. Cases against indi- good moral character during relinquishing United States
viduals who engaged in
the five-year period preceding nationality.” In Afroyim v.
fraud against private in- his naturalization. Although Rusk, 387 U.S. 253 (1967),
2 6th Floor

    dividuals, funds, or cor- Oliver had not actually en- the Supreme Court held that
porations; gaged in any criminal activity a U.S. citizen has “…[A] con-
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