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?