[a] terrorist organization.”216 For the first 50 years of the denaturalization statute’s existence, proceedings were instituted against Communist Party members for failure to comply with the attachment requirement.217 Significantly, there is no statute of limitations for civil denaturalization. Criminal Denaturalization The elements for prosecution under 18 U.S.C. § 1425 are: That the defendant (1) for himself or another person (2) not entitled thereto or contrary to law (3) knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the foregoing. Unlike the civil statute, the criminal statute allows for prosecution of attempted procurement of citizenship, as well as procurement or attempted procurement for another person. The terminology used in describing the role of intent in the civil and criminal statutes is opaque because the two statutes use the terms “illegal” and “unlawful”—seemingly synonymous in plain English—in two different senses, and because one prong of the civil statute contains a willfulness requirement, while the other (“illegal procurement”) does not. For the purposes of the civil statute, “illegal procurement” carries no intent requirement (someone can, in theory, innocently not meet the criteria for naturalization and, upon discovery, face denaturalization).218 For the purposes of the criminal statute, “unlawful procurement” requires criminal intent, in this case that the defendant acted knowingly. Conviction under the criminal statute results in automatic revocation of citizenship. There is no discretion regarding this consequence if the offender is a naturalized citizen.219 While the deprivation of nationality has permanent, severe consequences, it is not legally considered a punishment. Courts have consistently construed denaturalization—in both the civil and the criminal context—as a purely administrative, non-punitive affair.220 In addition to denaturalization, the criminal statue provides for a sentence of up to 25 years imprisonment and carries a 10-year statute of limitations.221 56 UNMAKING AMERICANS