The case of Elliot Duke, who lost his U.S. citizenship following a criminal conviction, has drawn attention to the latest policies of the U.S. Department of Justice (DOJ) on denaturalization.
Authorities revoked the citizenship of the British migrant, who had acquired it after enlisting in the U.S. Army in 2012 and whose 2014 conviction was related to serious crimes involving the receipt and possession of child pornography. This case exemplifies the government’s newly announced hardline stance.
In line with this, the administration of President Donald Trump and Attorney Pam Bondi instructed prioritizing legal actions aimed at revoking U.S. citizenship from certain naturalized individuals. The memo released by Deputy Attorney General Brett Shumate is directed at the DOJ’s Civil Division and sets guidelines to intensify denaturalization investigations and proceedings.
What Are the Most Common Reasons for Revoking U.S. Citizenship
U.S. law does allow for the revocation of citizenship obtained through naturalization under certain circumstances, particularly if it is proven that the beneficiary used fraud or illegal means to obtain this status or was criminally convicted in that context, according to The Associated Press (AP).
The U.S. considers the loss of citizenship for the actions listed on the official site usa.gov:
- Running for public office in a foreign country.
- Joining the military service of a foreign country.
- Applying for citizenship in a foreign country with the intent to renounce U.S. citizenship.
- Committing an act of treason against the United States.
- Being a naturalized U.S. citizen facing denaturalization due to the commission of certain crimes.
Regarding the scope of the new DOJ guidelines, Shumate specified that the priority will be individuals who pose a “potential threat to national security,” including those with ties to terrorism, espionage, or the illegal export of sensitive U.S. assets.
He also mentioned those who have committed violent crimes, members of gangs and drug cartels, as well as those who have perpetrated Medicaid fraud and similar offenses. The memo underscores that denaturalization allows the government to “revoke the nationality of individuals involved in war crimes, extrajudicial killings, or other serious human rights abuses.” Additionally, the tool aims to prevent convicted terrorists from returning to U.S. territory or traveling internationally with a U.S.-validated passport.
Critics Warn of Potential Issues with New Policies
According to AP, the scope of the memo does not limit the Civil Division exclusively to the mentioned categories; any case deemed relevant could proceed, as the new policy does not exhaust the list of grounds for denaturalization.
Since the DOJ’s formal announcement on June 11, AP has reported the implementation of at least one citizenship revocation—that of Elliot Duke, whose judicial process exemplifies the authorities’ new approach.
The toughening of this policy has drawn objections from legal advocates. The National Association of Criminal Defense Lawyers (NACDL) expressed concern that the DOJ’s guidelines “involve a lower burden of proof and do not require the government to appoint an attorney for those who cannot afford one.”
Christopher Wellborn, president of the NACDL, warns that the U.S. administration’s push to revoke citizenship “is alarming and raises serious concerns about the Fourteenth Amendment.” Wellborn argues that this policy could make it easier for people to be falsely accused of gang membership or for their criminal records to be used to allege fraud in obtaining citizenship, even without solid evidence.
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