DOJ Memo Signals Intensified Denaturalization Efforts

The U.S. Department of Justice (DOJ) has recently issued a significant directive that is drawing close scrutiny from immigrant communities and legal professionals nationwide. On June 11, 2025, Assistant Attorney General Brett Shumate of the DOJ's Civil Division issued a memorandum instructing attorneys to "prioritize and maximally pursue denaturalization proceedings." This internal directive marks a notable expansion of the government's efforts to revoke U.S. citizenship from naturalized individuals.

While denaturalization, the civil lawsuit process for stripping an individual of their U.S. citizenship, has always been a legal tool, its historical application has been largely reserved for extraordinary cases. However, this new memo signals a broader and potentially more aggressive approach, raising concerns among immigration advocates and legal experts about its potential impact on naturalized Americans and the fundamental security of U.S. citizenship.

Understanding the DOJ's Expanded Focus

The June 11th memo outlines ten priority categories for cases where denaturalization should be vigorously pursued. These categories include, but are not limited to:

• National Security Threats: Individuals linked to terrorism, espionage, or the unlawful export of sensitive U.S. technologies.

• Human Rights Violations: Those involved in war crimes or torture.

• Transnational Criminal Organizations: Affiliates of gangs, drug cartels, or other criminal enterprises.

• Significant Fraud Schemes: Cases involving substantial fraud against U.S. government programs (e.g., PPP loans, Medicare fraud) or large-scale financial fraud against private entities.

• Serious Criminal Offenses: Individuals convicted of human trafficking, sex offenses, violent crimes, or other serious crimes not disclosed during the naturalization process.

• Material Misrepresentation or Omissions: Instances where citizenship was obtained through bribery, misrepresentation, or other forms of corruption or concealment of key facts.

• Undisclosed Felony Convictions: Failure to reveal felony convictions during the naturalization application.

• Other Serious Criminal Activity: A broad category encompassing other significant criminal conduct.

The directive encourages DOJ attorneys to collaborate proactively with other federal agencies to identify and litigate these denaturalization cases, even if the individual obtained citizenship years or even decades ago.

Due Process Concerns in Civil Denaturalization

A critical aspect of denaturalization proceedings is their classification as civil rather than criminal actions. This distinction has significant due process implications:

• No Right to Appointed Counsel: Unlike criminal defendants, individuals facing civil denaturalization proceedings are not entitled to a government-provided attorney. This can create a severe disadvantage for naturalized citizens with limited financial resources or English proficiency, potentially hindering their ability to mount an effective defense.

• Lower Burden of Proof: Civil denaturalization requires the government to prove its case by a "clear and convincing evidence" standard, which is lower than the "beyond a reasonable doubt" standard required in criminal cases. This reduced burden of proof could make it easier for the government to succeed in cases that might otherwise be considered weak or ambiguous.

Critics argue that the expanded use of civil litigation for denaturalization disproportionately affects vulnerable individuals and may undermine fundamental due process protections.

Echoes of Previous Administrations and a Renewed Approach

Denaturalization efforts saw an increase during the Trump administration, which established a dedicated unit within the DOJ for such cases. While the Biden administration subsequently disbanded that specific office, this new memo suggests a renewed and potentially more expansive focus on denaturalization.

The directive is particularly noteworthy for its emphasis on "moral character" and disclosure errors as grounds for revocation. These criteria can be subjective and, when broadly applied, raise concerns about potential overreach and inconsistent application.

Legal and Political Implications

Immigrant rights organizations and civil liberties advocates are closely monitoring these developments and are preparing for potential legal challenges. Arguments are emerging that the DOJ's memo could infringe upon constitutional protections, particularly the Fourteenth Amendment, which guarantees equal treatment for all citizens.

There is also a growing concern that this directive could be utilized as a tool for political targeting or to disproportionately affect marginalized communities under the guise of enforcing immigration laws. Some Democratic lawmakers have called for congressional hearings and are exploring legislative options to mandate that denaturalization be pursued only through criminal court proceedings, thereby ensuring full due process protections.

Guidance for Naturalized Citizens and Aspiring Citizens

In light of these developments, it is more important than ever for naturalized U.S. citizens to be vigilant and proactive.

If you are a naturalized U.S. citizen:

• Maintain Thorough Records: Keep meticulous records of your entire naturalization process, including your N-400 application, interview notes, supporting documents, and any correspondence with USCIS or the DOJ.

• Review Your History: If you have ever been charged with or convicted of a crime, even if it was expunged, occurred before naturalization, or you believe it was minor, it is crucial to consult with an experienced immigration attorney. Similarly, review your naturalization application for any inadvertent omissions or inconsistencies, as even minor errors could be subject to heightened scrutiny.

• Exercise Caution: If you fall into any of the DOJ’s listed priority categories, or if you receive any inquiries from federal agencies regarding your citizenship, seek legal counsel immediately before responding or engaging in international travel.

• Understand Your Rights: Remember that you have the right to remain silent and to legal representation, even in civil matters. Statements made to government agents, even informally, can be used against you.

If you are planning to naturalize and have past issues, such as criminal records, prior immigration violations, or any other potentially complicating factors, it is critical to consult with a qualified immigration attorney before submitting your application. An attorney can help you assess your eligibility, understand potential risks, and properly prepare your application to minimize future complications.

Conclusion

The June 2025 DOJ memo represents a significant shift in the federal government’s approach to denaturalization. While the stated aim is to safeguard national security and uphold the integrity of the naturalization process, the broad discretion granted to prosecutors and the civil framework raises valid concerns about potential overreach and the erosion of citizenship security for millions of naturalized Americans.

For many, this policy raises a fundamental question: Is U.S. citizenship truly permanent, or has it become a conditional privilege that can be revoked at the government’s discretion?

If you or a loved one has concerns about how this evolving policy may impact your status, or if you receive any communication from the government regarding your citizenship, we urge you to contact a trusted immigration attorney for a confidential consultation without delay. 📞 Call us today at (512) 894-9984 to schedule a consultation.