This is a stressful time for anyone who is in the U.S. on a visa (let alone anyone who is undocumented). Many people who became U.S. citizens after immigrating to our country are feeling uncertain as well.
Becoming a “naturalized” U.S. citizen has always been considered a virtual guarantee against being deported from the country. However, since taking office, President Trump has publicly stated that his administration is exploring ways to deport U.S. citizens who have been convicted of committing violent crimes.
It isn’t clear whether he was referring to naturalized citizens or those born in the U.S. as well when he talked about “homegrown” criminals and said, “I’d like to include them in the group of people to get them out of the country.” However, his statements have people looking at the law and the U.S. Constitution to determine if, and how, that would be possible.
A violation of constitutional rights?
One professor who teaches immigration law says, “It’s constitutionally very problematic, if not illegal. It’s a baseline right of citizenship that you can remain in the country.”
Another immigration law expert points out that it could be considered a human rights violation under the Eighth Amendment (which protects against “cruel and unusual punishments”) to send U.S. citizens to prisons outside the U.S. that are known for their harsh treatment of prisoners.
What is “denaturalization?”
What if the government revoked the U.S. citizenship of a naturalized citizen and then removed them from the country? Most people have never even heard of “denaturalization” because it happens so rarely.
People can have their citizenship revoked if they are found to have committed fraud during their naturalization. This can include things like using someone else’s identity or not disclosing a record involving serious crimes.
According to the U.S. Citizenship and Immigration Services (USCIS), a person may also be denaturalized if they become “a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization.” Those words can be open to interpretation. Can someone who exercises their right to free speech by attending a protest or writing an editorial in a newspaper be considered “affiliated with” one of these groups?
If the government attempts to denaturalize and/or remove naturalized U.S. citizens, there will definitely be court challenges. In the meantime, getting legal guidance can help with specific questions or concerns.
