There’s been some talk recently by the president and others in the administration about deporting people even if they’re U.S. citizens. Certainly, this has added to the anxiety that many people are feeling who came here from other countries, who previously considered their right to live in this country secure under the law.
President Trump has spoken publicly about how he’d like to deport U.S. citizens convicted of violent crimes, referring to them as “homegrown” criminals. It wasn’t clear whether he meant naturalized U.S. citizens, those born in the U.S. or both.
As one law professor notes, however, doing so is “constitutionally very problematic, if not illegal.” He says, “It’s a baseline right of citizenship that you can remain in the country.” It’s also important to note that all U.S. citizens have due process rights.
What about “denaturalization?”
There are rare instances where someone who is a naturalized U.S. citizen (a person born outside the U.S. who went through the process to become a U.S. citizen) can be “denaturalized” – meaning to have their citizenship revoked. This is typically considered only when someone has “procured naturalization illegally.” This generally means they were never eligible to be naturalized and engaged in “concealment of material fact or willful misrepresentation,” according to the U.S. Citizenship and Immigration Services (USCIS)
Further, a person can 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.” Unfortunately, the government can potentially determine that someone is a “terrorist” based on their speech, writings or actions even if they aren’t affiliated with a “terrorist organization.”
Certainly, we’re in a time of flux and uncertainty when it comes to the rights of immigrants to this country, regardless of their current status. The best course of action if you have questions or concerns or if you or a loved one is facing potential deportation, is to get experienced legal guidance.