The Citizenship Clause of the Fourteenth Amendment states, “All persons born or naturalized
in the United States…are citizens…” The Constitution draws only one distinction between the
two categories of U.S. citizen: only citizens by birth may run for the offices of president and
vice president.370 The Supreme Court has affirmed this as the only difference, holding that
naturalized citizens “possess…all the rights of a native citizen, and standing, in the view of the
constitution, on the footing of a native.”371
Yet the U.S. retains the denaturalization statutes, and voices opposed to those statutes, arguing
that denaturalization is an unconstitutional scheme of second-class citizenship, have yet to
command a majority.372 In one of a series of denaturalization cases heard by the Supreme
Court in the 1940s, for example, Justices Wiley B. Rutledge and Frank Murphy expressed their
concern with the use of denaturalization. They wrote, “No such procedures could strip a
naturalborn [sic] citizen of his birthright or lay him open to such a penalty… the Constitution
does not countenance either that deprivation or the ensuing liability to such a punishment for
naturalized citizens.”373
In another case during this era, involving a member of the German Nazi party who had
naturalized as an American, Justice Rutledge wrote:
My concern is not for Paul Knauer. The record discloses that he has no conception
of, much less attachment to, basic American principles or institutions. He was a
thorough-going Nazi, addicted to philosophies altogether hostile to the democratic
framework in which we believe and live. But if one man’s citizenship can thus be
taken away, so can that of any other…Not merely Knauer’s rights, but those of millions
of naturalized citizens in their status and all that it implies of security and freedom,
are affected by what is done in this case. By the outcome they are made either
second-class citizens or citizens having equal rights and equal security with others.374
Over 70 years later, the same concern persists. In a 2019 denaturalization case before U.S.
District Judge William B. Shubb, he wrote:
This court must once again dispel the commonly held misconception that all American
citizens are afforded the same rights of citizenship. Through the denaturalization
process, Congress has created two distinct classes of American citizens.
…The government can always initiate proceedings to revoke a naturalized individual’s
citizenship if it believes that the naturalization was illegally procured or procured by
concealment of a material fact or by willful misrepresentation…this boundless discretion
means that these second-class citizens can never feel entirely secure in their claim
to American citizenship…There is also no assurance that the government will always
institute these proceedings fairly, as it may harbor any number of ulterior motives.375
86
UNMAKING AMERICANS
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