You could lose US citizenship for these crimes. Know new denaturalisation process guidelines

Hundreds of naturalised citizens of the US could be stripped of their citizenship if they are charged with certain crimes, as mentioned in a new Department of Justice guideline. A memo issued on June 11 by the justice department prioritises for denaturalisation those charged with terrorism, national security crimes, child abuse, gang membership and financial crimes. The move is part of efforts to ramp up the immigration crackdown of the Trump administration. Legal permanent residents and naturalised citizens risk deportation when the new guidelines kick in. Here is what you should know:

DoJ memo seeks 'civil denaturalisation'

Those facing charges of war crimes, extrajudicial killings and human rights abuses could be denaturalised. Those convicted of crimes or who pose ongoing threats to the US will also be prioritised for denaturalisation. The memo said the Civil Division will 'prioritise and maximally pursue' denaturalisation proceedings in all such cases, supported by evidence.

What is naturalisation? How many naturalised citizens are in the US?

Thousands of people who migrate to the US become naturalised citizens after passing certain criteria and tests. These requirements are established under the Immigration and Nationality Act or INA. As per data from 2022, some 24.5 million out of 46.2 mn immigrants in the US are naturalised citizens, a significant 53 per cent. More than 7.9 million people became naturalised citizens of the US in the past decade.

Trump administration has denaturalised many, but Obama started it

Denaturalisation was once a rare occurrence in the US, but is increasing under the Trump presidency. In fact, denaturalisation cases began under the Obama administration, mainly targeting naturalisation fraud cases. The Trump administration is taking this to new heights. At least 110 denaturalisation cases were referred to the Justice Department for prosecution since January 2017 by the US migration agency, the USCIS.

What does the Justice Department memo say on denaturalising criminals?

The memo, written by Assistant Attorney General Brett Shumat, said that pursuing denaturalisation is among the DOJ Civil Division's "top five enforcement priorities." In the line of fire would be cases where naturalisation was procured illegally, or by concealing material facts or by 'willful misrepresentation,' as per the memo. Below is a more detailed breakdown:

Categories of crimes that can lead to denaturalisation

As per the DoJ memo, the categories of crimes that could lead to denaturalisation are:

> Danger to national security, including terrorism, espionage, or the unlawful export from the US of sensitive goods, technology or information

> Torture, war crimes, or other human rights violations

> Involvement with criminal gangs, transnational criminal organisations, or drug cartels

> Felonies not disclosed during the naturalisation process

> Human trafficking, sex offences, or violent crimes

>financial fraud, including Paycheck Protection Program, loan fraud and Medicaid/Medicare fraud

> Fraud against private individuals, funds, or corporations

> Naturalisation done through government corruption, fraud, or

misrepresentations

Denaturalisation: Worries over lack of due process, potential misuse

Experts quoted in the US media cautioned that such denaturalisation through litigation could violate due process of law and violate constitutionally guaranteed rights. There is also fear that denaturalisation could be used to 'police immigrants' and violate free speech rights.

Interestingly, antisemitism is among the potential causes for denaturalisation. This could be used against anti-Israel protesters, like the Trump government did against pro-Palestinian activist Mahmoud Khalil, who is a green card holder. At least one person - a convicted collector and distributor of child sexual abuse material- has already been denaturalised.