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For decades after a 1967 Supreme Court decision limited the practice to cases involving fraud or error in the naturalization process, the federal government typically filed only about a dozen denaturalization cases per year.
That pace began to shift in the late 2000s.
The Trump administration expanded those efforts, reviewing more than 700,000 naturalization files and increasing the number of cases filed in federal court.
In 2017, the Justice Department filed 25 denaturalization cases, followed by another 20 during the first half of 2018 â a marked increase from prior decades.
In January 2018, DOJ officials said they expected to pursue roughly 1,600 denaturalization cases and planned to hire additional attorneys and immigration officers to support the initiative.
The newly announced section formalizes and potentially expands that approach. A recent DOJ memo instructs the Civil Division to âadvance the administrationâs policy objectives,â including âprioritizing denaturalization.â
The memo outlines 10 categories of priority cases, including individuals who pose âa potential danger to national security,â engaged in âvarious forms of financial fraud,â or whose cases are otherwise deemed âsufficiently important to pursue.â
Legal scholars note that the definition of fraud in the naturalization context has traditionally focused on whether an applicant willfully misrepresented or concealed facts that would have affected the outcome of the citizenship application.
Questions have arisen about how broadly newer interpretations might extend, particularly if post-naturalization criminal conduct unrelated to immigration history becomes a basis for review.
The administration has also emphasized financial fraud as a priority area. The DOJ memo specifically references Medicaid and Medicare fraud, as well as loan fraud. While serious financial crimes can result in criminal prosecution, legal experts debate whether such offenses â if not tied to misrepresentations made during the naturalization process â meet the constitutional standard required to revoke citizenship.
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