ENDNOTES
1.
In this report, the term “alien” refers to any person
not a citizen or national of the United States as defined in
8 U.S.C. § 1101(a)(3). The terms “citizen” and “national”
are used interchangeably, to indicate a legal connection
between an individual and a state. Where relevant, for
example in the case of “non-citizen nationals” under U.S.
law, the terms may take on different meanings, as will be
indicated in the text and notes. The term “denationalization” covers multiple forms of involuntary loss of
nationality, including denaturalization (loss of citizenship
acquire by naturalization) and deprivation of citizenship
acquired at birth.
org/wp-content/uploads/2019/06/NYULawReview-94-3-RobertsonMantapdf.pdf (citing Marta Tienda,
Demography and the Social Contract, 39 Demography
587, 607 (2002)).
2. United States Citizenship and Immigration Services
(USCIS), USCIS partners with Justice Department and
Secures First Denaturalization As a Result of Operation Janus,
(2018), https://www.uscis.gov/news/news-releases/
uscis-partners-justice-department-and-secures-first-denaturalization-result-operation-janus.
12. There is no comprehensive way to search for civil
denaturalization cases. Instead, a general search must be
performed (using a civil nature of suit code for “Other
Immigration Actions”), which may not capture all cases.
At least one case identified through other means was not
coded under this category. The Northern District of
Georgia does not permit specific case searches under the
criminal denaturalization statute, although cases are being
filed in this district. Cases filed prior to January 1, 2017, but
refiled due to a jurisdiction transfer, are not included in
the data set.
3. Nurith Aizenman, Trump Wishes We Had More
Immigrants From Norway. Turns Out We Once Did, NPR,
(Jan. 12, 2018), https://www.npr.org/sections/goatsandsoda/2018/01/12/577673191/trump-wishes-we-had-moreimmigrants-from-norway-turns-out-we-once-did.
4. Cassandra Burke Robertson and Irina D. Manta.,
(Un)Civil Denaturalization, 94 New York University Law
Review 402, 453 (2019), https://www.nyulawreview.org/
wp-content/uploads/2019/06/NYULawReview-94-3-RobertsonMantapdf.pdf.
5.
Jie Zong, Jeanne Batalova & Micayla Burrows,
Frequently Requested Statistics on Immigrants and
Immigration in the United States, Migration Policy Inst.
(Feb. 8, 2018), https://www.migrationpolicy.org/article/
frequently-requested-statistics-immigrants-and-immigration-united-states.
6. Because historical data used in this study is
catalogued by year, numerical estimations for past
administrations are approximate and not absolute.
7.
United States Department of Justice, Civil Division
(“Civil Division”), FY2020 Budget & Performance Plans,
26, 16 (Mar. 2019), https://www.justice.gov/jmd/page/
file/1143936/download.
8.
Id. at 26.
9. This is a conservative estimate based on case
identification and coding, as explained in the Description
of Research. Operation Janus and Second Look type cases
may account for between 50-55% of all cases filed in 2017
and 2018.
10. Cassandra Burke Robertson and Irina D. Manta, (Un)
Civil Denaturalization, 94 New York University Law
Review 402, 466-67 (2019), https://www.nyulawreview.
162
11. The information requested covered historical data
on past denaturalization practice. The Civil Division
provided information on the number of civil cases from
1972-2018, which is incorporated and analyzed in this
report. Further responsive information could have
allowed for a more comprehensive comparative analysis
across different administrations.
13. As is the case for many denaturalization cases, some
case dockets were sealed or unavailable. For sealed and
unavailable dockets, the final case list includes actions in
which available information regarding the parties
involved, unsealed orders, and docket codes supported
the conclusion that immigration and passport revocation
were the issues at hand. For that reason, these cases were
included where possible in the research, including in the
total tally of cases identified during the relevant period, in
order to provide a sense of the number of cases dealing with this issue that were brought before the federal judiciary.
The universe of cases identified is not exhaustive, but is
sufficiently comprehensive to provide reliable and
objective results from a sample of cases from the Southern
District of Texas for the relevant period of time. The
universe was established through the following process. A
key search on Lexis was performed using the search terms
“passport or citizenship and (apply or application or denied or
deny or denial or revoc! or revok!) and not (criminal or
diversity w/s citizenship).” The list was then reviewed to
remove irrelevant cases. The remaining cases were
cross-checked by case number on PACER and Bloomberg,
using the Nature of Suit Code “465 Other Immigration
Actions,” and narrowed by Cause of Action Code 28:1331
Federal Question. Following the establishment of the final
case sample, all available orders that were related to each
case and material to the subject-matter were compiled.
Data from all cases under review were organized into an
Excel spreadsheet containing the following columns, used
in a basic quantitative analysis that is presented in the
report: (i) case name; (ii) file number; (iii) date; (iv) parties;
(v) claim basis; (vi) government actions/arguments; (vii)
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