rights.”420 The defense of laches moves the court to deny a claim to a plaintiff who has unreasonably delayed asserting a claim. In the cases reviewed for this report, this defense was never successful. In criminal law, the only offenses not subject to a statute of limitations are: 1) death penalty offenses, 2) terrorism-related offenses resulting in or involving the risk of death or serious injury, and 3) child abduction and sex offenses.421 By way of comparison, other offenses subject to a 10-year or less time limitation422 include use of weapons of mass destruction, chemical and biological weapons offenses, arson and bombing, slave trafficking, recruiting or using child soldiers.423 Given the gravity of those offenses, and the victims affected, it seems disproportionate to hold a threat of denaturalization over a person’s head for a period stretching from a decade through the entirety of the person’s life. While the criminal statute does have a shelf life of 10 years, even if the government misses this deadline, it still has recourse under the civil statute. As confirmed by to the 2017 DOJ bulletin, “prosecutions declined based on the ten-year statute of limitations are often viable in civil proceedings.”424 Emerging Concerns This section explores specific concerns raised by the approach to denaturalizations instituted under Operation Janus, and continued and expanded under Operation Second Look. These concerns focus on three areas. First is the explicit selective targeting for exclusion based on race, religion, and national origin under Janus, using “special interest countries” as a proxy. The second is the role of digital records and technical evidence, including a lack of appreciation for the flawed nature of the evidentiary foundations of Janus and Second Look cases and the possibility that denaturalizations based on government tracking of digital trails will increase. The third is the government’s aggressive approach to litigating, which leaves little doubt that the central aim is deportation. Equal Protection Operation Janus began as an initiative specifically “targeting” naturalized citizens from “special interest countries.” The 2016 OIG report covering Operation Janus’s activities describes special interest countries as “countries that are of concern to the national security of the United States, based on several U.S. Government reports.”425 In its 2016 report, the OIG noted that DHS was investigating individuals coming from “special interest countries” (SIC) as well as countries bordering them. SICs are defined as “countries that are of concern to the national security of the United States”426—a list that has changed from year to year427 and of which no public, official version exists.428 However, several countries—including Bangladesh, India, Nigeria, and Pakistan—that are known to appear 96 UNMAKING AMERICANS

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