Detention during criminal proceedings. In all criminal cases reviewed, every defendant was
under some form of restriction of movement. This ranged from travel restrictions, to home
confinement and ankle monitoring, to full remand in custody. In most cases, bond was
required, ranging from $5,000 to $250,000 and averaging $67,083.172 The only known national
data available on bond amounts for all types of felony defendants is from 2009, which found
that $10,000 was the median money bail.173
Judicial removal orders, which bypass the immigration system to expedite the removal of
denaturalized individuals, were issued in 13 closed cases, with several requests pending in
open cases.
Case types174
As a conservative estimate, we conclude that over one-third of the cases, the highest percentage of any category identified, reflect the Operation Janus and Operation Second Look
investigations. These operations are discussed in more detail in below.
The Denaturalization Statutes
This section provides an overview of the language and authoritative interpretation of two
federal statutes authorizing denaturalization, accompanied by relevant findings from the
Justice Initiative’s review of recent cases, to illustrate the basic mechanics of the law. Later
sections will look in greater depth at the operation of these laws in practice, both historically
and today. The chapter is structured this way due to the complexity of the denaturalization
statutes and the lack of consistency in how they have been interpreted and applied, which has
led to ambiguities and infirmities in the protections afforded against arbitrary denaturalization. The chapter then goes on to present newer, emerging concerns about how the Trump
administration is approaching enforcement of immigration law through the denaturalization
statutes. These concerns can be fully appreciated only with the benefit of a basic understanding of the mechanics and shortcomings of the statutes themselves.
Naturalization and the Constitution
U.S. citizenship is acquired either at birth or through naturalization.175 Naturalization is a
discretionary immigration benefit obtained by application. Applicants for naturalization must
meet strict requirements, including lawful admission, residency, presence in the United States,
and good moral character.176
48
UNMAKING AMERICANS
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