denaturalization program directed principally against naturalized Germans who were affiliated
with the German-American Bund (a pro-Nazi organization).”256 The experiences of these cases
inspired Congress to change the language of the denaturalization statute to introduce a burden
on the government to prove willful and material fraud.257 The Senate Judiciary Committee
believed “concealment of material fact or willful misrepresentation is more easily proved” and
the insertion of this language would eliminate conflicting interpretations of fraud in denaturalization cases.258 The passage of this provision was the most significant action Congress had
taken on denaturalization since the 1940s. It is important to note this moment in the history of
the denaturalization statutes as one instance in which Congress was inspired to rein in overzealous application of denaturalization for political reasons.
The 1952 Act maintained the racial quota system of the 1924 National Origins Act. Most
political and public debate around the 1952 Act centered on its use of racial quotas. However,
the act’s retention of denaturalization was also controversial, with much of the American
public and President Harry Truman opposed this provision. Congress passed the 1952 Act only
after overriding his veto. Among his objections to the act was his strong opposition to the
concept of denaturalization.259
The concerns of opponents of denaturalization would later be somewhat assuaged by a series
of important Supreme Court cases in the 1950s and 60s, which introduced strict limits on
involuntary expatriation and denaturalization (as explored in Chapter I, History and Context).
War Crime Denaturalization – The Department of Justice Office of Special
Investigations
For a period of roughly 50 years following the end of World War II, very few denaturalization
prosecutions occurred. However, a small unit within the U.S. Department of Justice was active
during this period, prosecuting denaturalization cases against Nazi war criminals. These
prosecutions were carried out under the civil statute, as the criminal statute’s time limitations
had expired. The Office of Special Investigations (OSI) was established in 1979 within the
Department of Justice’s Criminal Division, specifically to conduct this work.260
The purpose of OSI, as described by its champion and chief architect, Congresswoman
Elizabeth Holtzman, was to be “an effective Nazi-fighting unit.”261 According to one account,
“It could not bring Nazis to trial for the crimes they had committed elsewhere or seek prison
sentences for them. But it could expose the lies they had told about their past when they had
entered the country, leading to their loss of citizenship and deportation—in the best scenario,
to countries that could then put them on trial.”262
Historical records of OSI’s prosecutions bear no resemblance to the average denaturalization
case reviewed for this report. A 600-page report painstakingly examining OSI’s record, dated
II. Denaturalization: A Radical Measure in the Hands of Zealots
63
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