terminated the Deferred Action for Childhood Arrivals (DACA) program. But above and
beyond that, the administration is now targeting naturalized citizens with the aim of revoking
their U.S. citizenship.
The administration openly acknowledges its “ever-increasing” denaturalization practice.159 In
its FY 2020 budget plan, issued in March 2019, the Department of Justice’s Civil Division, which
handles civil denaturalization cases, cites a “staggering” increase in denaturalization referrals:
In FY 2017, [the District Court Section of the Civil Division’s Office of Immigration
Litigation, or OIL-DCS] received 58 referrals and filed 18 cases. In FY 2018, the Unit
received 144 referrals and filed 48 cases. In the first two months of FY 2019 alone,
the Unit received 54 referrals – nearly as many as they received in all of FY 2017. If
the referral rate remains constant, the Unit will receive 324 cases for FY 2019, a 125%
increase over FY 2018. This is on top of a 148% increase in FY 2018. Having reached
maximum capacity, the Unit cannot file cases for the majority of their referrals now,
and the projected increase over FY 2019 and FY 2020 is staggering.
Furthermore, a DHS initiative, Operation Janus, identified approximately 315,000
cases where some fingerprint data was missing from the centralized digital
fingerprint repository. Among those cases, some individuals may have sought to
circumvent criminal record and other background checks in the naturalization
process. These cases are the result of an ongoing collaboration between DHS and
DOJ to investigate and pursue denaturalization proceedings against those who
fraudulently obtained citizenship. In response to Operation Janus, U.S. Citizenship
and Immigration Services (USCIS) is increasing their dedicated staff from 13 FTEs
[full-time employees] to 70, and increasing the number of referrals to 360 annually,
with an ultimate goal of referring at least 1,600 cases to OIL-DCS for prosecution as
part of the operation.160
Naturalization is a crucial tool for the integration of immigrant communities and a fundamental facet of the U.S. immigration system. Few legal and administrative procedures are
more important. However, a lack of clearly understood and properly functioning procedures is
a source of abuse and prolonged political disenfranchisement in many countries, both
currently and throughout modern history.
The history of denaturalization in the United States since the 1990s shows increasingly
racialized and criminalized narratives about who can become an American. In the U.S. today,
views of immigration and citizenship are bound up with political strategies built around
nativism and racial division found in the rhetoric of the current administration. Some
Americans seem to have abandoned the idea that immigrants are a legitimate and vital part of
our country, to be treated with respect and dignity, and that this country’s approach to them
reflects the quality and character of our democracy.
II. Denaturalization: A Radical Measure in the Hands of Zealots
43
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