Immigration

Justice Department creates team to try to revoke more citizenships

The U.S. Department of Justice announced Wednesday that the agency has created a new section in its immigration office that would attempt to strip immigrant criminals of their citizenship.

The revocation of naturalization would only be possible if the person was found to have lied on their naturalization application or “illegally obtained naturalization.”

The office said it would be focused on investigating the cases of “terrorists, war criminals, sex offenders, and other fraudsters” who were untruthful in their citizenship application. The new office will join the existing sections within the Civil Division’s Office of Immigration Litigation — the District Court Section and the Appellate Section.

The Justice Department said that the move to create the stand-alone team stems from the “growing number of referrals anticipated from law enforcement agencies.”

“When a terrorist or sex offender becomes a U.S. citizen under false pretenses, it is an affront to our system — and it is especially offensive to those who fall victim to these criminals,” said Assistant Attorney General Jody Hun in a statement. “The denaturalization Section will further the Department’s efforts to pursue those who unlawfully obtained citizenship status and ensure that they are held accountable for their fraudulent conduct.”

Currently, denaturalization cases require the government to show a federal court that a defendant’s naturalization was “illegally procured” or “procured by concealment of a material fact or by willful misrepresentation.”

“It’s hard to say if this will change anything. It shows that the [administration is] putting more resources into this, but not sure what the results will be,” said Adonia Simpson, the director of the family defense program at Americans for Immigrant Justice, a Florida nonprofit legal aid organization. “The law hasn’t changed. What they are doing is actively seeking these people out.”

The Justice Department’s move to further a practice that in the past was infrequently used, critics say, builds on President Donald Trump’s nationwide immigration crackdown.

Earlier this week, the administration implemented a new “public charge rule.” Under the rule, low-income immigrants who are on public benefits — or will one day need them — will be denied a visa or green card, despite having entered the U.S. legally.

Some South Florida attorneys say it’s unknown if the office’s “new manpower” could be used to target immigrants who commit less serious crimes.

“For example, fraudulent marriages in order to become a lawful permanent resident,” said Miami immigration attorney Tammy Fox-Isicoff. “We don’t know if there will be discretion on who to prosecute and who not to prosecute. Who knows?”

She added: “The law on denaturalization stays the same, but the problem is is that many of these people have become fixtures in their communities. Many have families, many have built businesses. It’s hard to say if with this new team will come more discretion.”

This story was originally published February 27, 2020 at 12:52 PM.

Monique O. Madan
Miami Herald
Monique O. Madan covers immigration and enterprise; she previously covered breaking news and local government. Her work has appeared in The New York Times, The Boston Globe, The Boston Herald and The Dallas Morning News. In 2019 she was a Reveal Fellow at the Center for Investigative Reporting. She’s a graduate of Harvard University, Emerson College and The Honors College at Miami Dade College. A note to tipsters: If you want to send Monique confidential information, her email and mailbox are open. You can find all her stories here: moniqueomadan.com. You can also direct message her on social media and she’ll provide encrypted Signal details. Support my work with a digital subscription
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER