The Justice Department will prioritize revoking the US citizenship of individuals charged with certain crimes, according to a memo issued by the agency earlier this month.
“The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence,” read a June 11 “enforcement priorities” memo sent by Assistant Attorney General Brett Shumate to all employees within the DOJ’s Civil Division.
Shumate noted that the civil division has established several “categories of priorities for denaturalization cases” in order to “promote the pursuit of all viable denaturalization cases … and maintain the integrity of the naturalization system while simultaneously ensuring an appropriate allocation of resources.”
The 10 categories of crimes that could lead to citizenship being stripped range from “war crimes” to COVID loan fraud, according to the memo.
Individuals “who pose a potential danger to national security, including those with a nexus to terrorism, espionage, or the unlawful export from the United States of sensitive goods, technology, or information raising national security concerns” will be among those prioritized for denaturalization.
As will individuals who “further or furthered the unlawful enterprise of criminal gangs, transnational criminal organizations, and drug cartels.”
Various forms of fraud are also listed in the memo, including “Paycheck Protection Program (PPP) loan fraud and Medicaid/Medicare fraud” and “fraud against private individuals, funds, or corporations.”
The DOJ will also target “individuals who committed human trafficking, sex offenses, or violent crimes.”
Naturalized citizens who didn’t disclose previous felonies during the process or acquired their citizenship through “government corruption” or “misrepresentation” could also be subject to prioritized denaturalization proceedings.
“Any other cases referred to the Civil Division that the Division determines to be sufficiently important to pursue” will also meet the priority threshold, according to the memo.
“These categories are intended to guide the Civil Division in prioritizing which cases to pursue; however, these categories do not limit the Civil Division from pursuing any particular case, nor are they listed in a particular order of importance,” Shumate noted. “Further, the Civil Division retains the discretion to pursue cases outside of these categories as it determines appropriate.”
Denaturalization is among the DOJ’s top five enforcement priorities for the civil division, which also lists “Combatting Discriminatory Practices and Policies,” “Ending Antisemitism,” “Protecting Women and Children” and “Ending Sanctuary Jurisdictions” as top concerns.
At least one person has been denaturalized since the memo was issued.
Elliott Duke, a British national convicted of receipt and possession of child pornography in 2014, was stripped of his US citizenship on June 13, according to the DOJ.
Duke was granted US citizenship in 2013 after enlisting in the US Army the year prior.
He claimed on his 2013 citizenship application that he had never committed a crime for which he was not arrested, but the DOJ determined that in 2012, while serving in Germany, Duke began receiving and distributing child sexual abuse material.
Duke’s denaturalization case was investigated under “Operation Prison Lookout,” which the DOJ describes as “an ongoing national initiative involving the Justice Department and ICE to identify and prosecute sex offenders who have fraudulently obtained United States citizenship.”
“The laws intended to facilitate citizenship for brave men and women who join our nation’s armed forces will not shield individuals who have fraudulently obtained US citizenship by concealing their crimes,” Shumate said in a statement. “If you commit serious crimes before you become a US citizen and then lie about them during your naturalization process, the Justice Department will discover the truth and come after you.”
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