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?
Who cares if Elon worked in the US without a visa? Thousands of immigrants do the same. The US government doesn’t want to do its due diligence with the immigration process. They have purposely make the immigration process circuitous in order to create a second-class, undocumented, cheap pool of labor. But as thanks to austerity and gutting of the nation’s social safety net, their need for a scapegoat grows. Immigrants fill that role for now. Giving immigrants due process of law goes against their objective of pitting them against the documented working class. But ICE isn’t going black bag and deport Elon. He is a part of the owning class, and while they might charge him with visa fraud, Elon will be afforded an opportunity to defend himself, either in court or with his immense capital.