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
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UNMAKING AMERICANS
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