generating statelessness per se, but also as a component of a more comprehensive consideration of post-deprivation implications, in view of the serious human rights concerns raised by the deprivation of nationality. Denaturalization Threatens Constitutional Rights “To treat a denaturalization proceeding, whether procedurally or otherwise, as if it were nothing more than a suit for damages for breach of contract or one to recover overtime pay ignores…every consideration of justice and of reality concerning the substance of the suit and what is at stake.” -Justice Wiley B. Rutledge, Klapprott v. United States (concurring opinion, 1949)368 Denaturalization threatens a number of constitutional rights, particularly those established under the Fourteenth, Eighth, Fifth, and Sixth Amendments. This section outlines many (but by no means all) of threats to constitutional rights posed by the denaturalization statutes, informed by a comprehensive review of 168 cases filed and litigated since January 1, 2017. The section is organized in light of the history explored above. First, there are longstanding big picture questions that have been raised—and not answered—at least since the inception of OSI. These questions concern: how the denaturalization statutes comply with the equality of all citizens “born or naturalized” in the U.S. under the Fourteenth Amendment; how the severe result—loss of nationality—does not raise Eighth Amendment issues; and, how the interplay between criminal and civil statutes meets basic standards of fundamental fairness. Second, the section explores several “known infirmities” in the use of civil denaturalization in particular, including the lack of a right to counsel, absence of a statute of limitations, and lack of consistent application of the applicable burden of proof. Finally, the section turns to concerns that emerge specifically from the Operation Janus and Operation Second Look cases, and from the current administration’s enthusiasm for employing denaturalization as a generalized immigration enforcement tool in the context of its broader nativist agenda. Unanswered Questions of Constitutional Proportions Fourteenth Amendment: The Citizenship Clause and Second Class Citizenship The denaturalization statutes create a defining—and yet virtually unknown—difference in treatment between naturalized American citizens and American citizens by birth on U.S. soil.369 The provisions appear on their face to contradict the Constitutional framework of American citizenship. II. Denaturalization: A Radical Measure in the Hands of Zealots 85