The Department of Justice released a memo on June 11, outlining the DOJ Civil Division’s enforcement priorities. One of these was denaturalization.
The memo lists 10 categories as priorities for denaturalization. Some categories, such as denaturalization based on national security threats, espionage, or treason, have historically been grounds for stripping an individual of their citizenship. However, the new categories expand who may be at risk. The memo also gives the Civil Division discretion to seek denaturalization in cases that do not fall under the 10 categories, essentially removing its legal parameters.
Notably, the Civil Division lists financial fraud against the United States as new grounds for pursuing denaturalization (specifically noting Paycheck Protection Program fraud and Medicare/Medicaid fraud). It also prioritizes denaturalization for individuals who have committed fraud “against private individuals, funds, or corporations.” This development raises concerns for many naturalized citizens, as even prior financial errors or misunderstandings could be bases for denaturalization if they were not disclosed during the naturalization process. Additionally, as a civil proceeding, financial fraud requires a lower burden of proof than criminal proceedings (which require proof beyond reasonable doubt), leaving naturalized citizens even more vulnerable.
If you have questions about the new denaturalization priorities, contact us. We would be happy to speak with you.