this post was submitted on 03 Aug 2025
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DOJ Citizenship Revocation Plans Raise Constitutional Concerns

The Justice Department issued a June 11, 2025 memo directing attorneys to "maximally pursue denaturalization proceedings," sparking concerns about potential political targeting of naturalized citizens[^1]. While the memo lists priorities like national security threats and criminal conduct, it includes broad language allowing cases deemed "sufficiently important to pursue"[^1].

Legal experts warn this discretion could enable politically motivated denaturalization. "The politicization of citizenship rights is something that really worries me, I think it's just flatly inconsistent with our democratic system," said Cassandra Burke Robertson, a law professor at Case Western Reserve University[^7].

Recent events highlight these concerns:

  • The White House press secretary indicated support for investigating NYC mayoral candidate Zohran Mamdani's citizenship based on rap lyrics[^6]
  • Trump suggested examining Elon Musk's citizenship status after Musk criticized his spending bill[^14]
  • Trump threatened to revoke Rosie O'Donnell's citizenship, though this is legally impossible as she was born in the U.S.[^14]

Constitutional scholars emphasize that denaturalization through civil proceedings "lacks many constitutional protections," with no right to court-appointed lawyers or jury trials[^14]. The Supreme Court previously restricted denaturalization in 1967, ruling it "inconsistent with the American form of democracy, because it creates two levels of citizenship"[^1].

"Denaturalization is exceedingly rare and has occurred for people who concealed information of war crimes, Nazi membership, criminal histories, or immigration fraud such as using a stolen identity," said Michelle Mittelstadt of the Migration Policy Institute[^14].

[^1]: NPR - DOJ announces plans to prioritize cases to revoke citizenship

[^6]: MSNBC - Trump's DOJ issues memo on plan to strip citizenship

[^7]: CNN - Law used to kick out Nazis could be used to strip citizenship from many more Americans

[^14]: PolitiFact - Can Donald Trump revoke Rosie O'Donnell's U.S. citizenship?

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[–] PleaseLetMeOut@lemmy.dbzer0.com 37 points 1 day ago* (last edited 1 day ago) (1 children)

Okay, now we're into the actual Nazi shit. This is so fucked.

Just gonna add this too...

The Fourteenth Amendment does not provide any procedure for revocation of United States citizenship. The Supreme Court in Afroyim v. Rusk held that loss of 14th-Amendment-based U.S. citizenship is possible only under the following circumstances:

  1. Fraud in the naturalization process. Technically this is not loss of citizenship, but rather a voiding of the purported naturalization and a declaration that the immigrant never was a U.S. citizen.
  2. Voluntary relinquishment of citizenship. This may be accomplished either through renunciation procedures specially established by the State Department or through other actions (e.g., treason) that demonstrate an intention to give up U.S. citizenship. Such an act of expatriation must be accompanied by an intent to terminate United States citizenship.

Wikipedia page on the Citizenship Clause of the 14th Amendment

14th Amendment (section 3) also says that trump can't hold office, yet here we are:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Constitutional scholars, and so many others, still act like we are a country of laws respecting The Constitution. I'm waiting for the majority to realize this isn't the case and I wonder what the response will be. Gilead, if I had a place to put that bet down.

[–] LodeMike@lemmy.today 12 points 1 day ago (1 children)

If you commit serious crimes before you become a U.S. citizen and then lie about them during your naturalization process, the Justice Department will discover the truth and come after you

This is an intentional lie about the definition of "commit crime". In this case (and pretty much all cases that relate to the government) it means convicted of.

[–] ramble81@lemmy.zip 4 points 1 day ago (1 children)

Soon they label “original sin” a crime and then use it to go after anyone.

[–] LodeMike@lemmy.today 3 points 1 day ago* (last edited 1 day ago)

Ex post facto technically. Also that doesn't pass the common law sniff test for criminal culpability

[–] wirebeads@lemmy.ca 2 points 1 day ago (4 children)

LOL @america.

I’d say you’d all do something about this and overthrow the government, but you’re probably too busy watching Americas Got Talent tonight and eating tariffed chips.

[–] RainBlast@startrek.website 16 points 1 day ago* (last edited 1 day ago) (2 children)

Hey! How about you get your country to formally condemn our behavior.

Those of us protesting feel pretty alone when the rest of the world keeps bending the knee to our mad king.

[–] BassTurd@lemmy.world 8 points 1 day ago

Nah, clearly the person your responding to lives in a perfect utopia where their government and all citizens are flawless. There's a bunch of them on here.

[–] Lemminary@lemmy.world 1 points 23 hours ago

I'm not very educated in global economics, but my best guess is that they need to move away from US trade first to minimize the backlash. I don't think the Trump administration will find much support after fucking around with tariffs, so maybe it's just a matter of time.

[–] Ascrod@midwest.social 5 points 1 day ago

NRA Accidentally Forgets To Rise Up Against Tyrannical Government

[–] AlecSadler@lemmy.blahaj.zone 1 points 22 hours ago

I've lost my desire to fight for this country. I'm packing up and moving elsewhere. If this country wants to be nothing more than a bunch of redneck idiots, so be it - good luck.

[–] Univ3rse@lemmynsfw.com -1 points 1 day ago

You know, for a bunch of people that lost their fucking minds over some stupid ass comments ("He's going to invade us!" 🤣), you sure can't stop thinking about us. Are you sure you don't want to be part of the US? It's literally all you think about anyway.