Calls To Strip Zohran Mamdani's Citizenship Spark Alarm About Trump Weaponizing Denaturalization

WASHINGTON — Immediately aft Zohran Mamdani became nan presumptive Democratic nominee for politician of New York City past month, 1 Republican congressman had a provocative proposal for nan Trump administration: “He needs to beryllium DEPORTED.”

The Uganda-born Mamdani obtained U.S. citizenship successful 2018 aft moving to nan United States pinch his parents arsenic a child. But Rep. Andy Ogles, R-Tenn., based on successful his station connected X that nan Justice Department should see revoking it complete rap lyrics that, he said, suggested support for Hamas.

The Justice Department declined to remark connected whether it has replied to Ogles’ letter, but White House property caput Karoline Leavitt said of his claims astir Mamdani, “Surely if they are true, it’s thing that should beryllium investigated.”

Trump himself has claimed without grounds that Mamdani is an forbidden immigrant, and erstwhile erstwhile state Elon Musk was asked astir deporting different naturalized citizen, he suggested he would see it.

The congressman’s connection dovetails pinch a privilege of nan Trump management to ramp up efforts to portion citizenship from different naturalized Americans. The process, known arsenic denaturalization, has been utilized by erstwhile administrations to region terrorists and, decades ago, Nazis and communists.

New York mayoral campaigner Zohran Mamdani during an predetermination nighttime arena connected June 25. Christian Monterrosa / Bloomberg via Getty Images

But nan Trump DOJ’s announcement past period that it would “prioritize and maximally prosecute denaturalization proceedings” has sparked siren among migration lawyers and advocates, who fearfulness nan Trump management could usage denaturalization to target governmental opponents.

Although past administrations person periodically pursued denaturalization cases, it is an area ripe for abuse, according to Elizabeth Taufa, a lawyer astatine nan Immigrant Legal Resource Center.

“It tin beryllium very easy weaponized astatine immoderate point,” she said.

Noor Zafar, an migration lawyer astatine nan American Civil Liberties Union, said location is simply a “real consequence and a existent threat” that nan management will target group based connected their governmental views.

Asked for remark connected nan weaponization concerns, a Justice Department spokesperson pointed to nan national rule that authorizes denaturalizations, 8 U.S.C. 1451.

“We are upholding our work arsenic expressed successful nan statute,” nan spokesperson said.

Immigrant groups and governmental opponents of Trump are already outraged astatine nan measurement nan Trump management has utilized its enforcement powers to stifle dissent successful cases involving ineligible immigrants who do not person U.S. citizenship.

ICE detained Mahmoud Khalil, a Palestinian activistic engaged successful field protests captious of Israel, for much than 100 days earlier he was released. Turkish student Rümeysa Öztürk was besides detained for 2 months complete her pro-Palestinian advocacy.

More broadly, nan management has been accused of violating nan owed process authorities of immigrants it has sought to quickly deport complete nan objection of judges and, successful cases involving alleged Venezuelan pack members and Salvadoran man Kilmar Abrego Garcia, nan Supreme Court.

A demonstrator holds a image of Kilmar Abrego Garcia extracurricular nan national courthouse successful Nashville, Tenn., connected June 25.George Walker IV / AP

Denaturalization cases person traditionally been uncommon and successful past decades focused connected ferreting retired erstwhile Nazis who fled to nan United States aft World War II nether mendacious pretenses.

But nan attack gradually changed aft nan violent attacks connected Sept. 11, 2001. Aided by technological advances that made it easier to place group and way them down, nan number of denaturalization cases has gradually increased.

It was nan Obama management that initially seized connected nan issue, launching what was called Operation Janus, which identified much than 300,000 cases wherever location were discrepancies involving fingerprint information that could bespeak imaginable fraud.

But nan process is slow and requires sizeable resources, pinch the first denaturalization arsenic a consequence of Operation Janus secured during Trump’s first word successful January 2018.

That lawsuit progressive Baljinder Singh, primitively from India, who had been taxable to deportation but later became a U.S. national aft assuming a different identity.

In total, nan first Trump management revenge 102 denaturalization cases, pinch nan Biden management filing 24, according to nan Justice Department spokesperson, who said figures for nan Obama management were not available. The caller Trump management has already revenge five. So far, nan Trump management has prevailed in 1 case involving a man primitively from nan United Kingdom who had antecedently been convicted of receiving and distributing kid pornography. The Justice Department declined to supply accusation astir nan different caller cases.

Overall, denaturalization cases are brought against conscionable a mini proportionality of the astir 800,00 people who go naturalized citizens each year, according to nan Department of Homeland Security.

‘Willful misrepresentation’

The authorities has 2 ways to revoke citizenship, either done a uncommon criminal prosecution for fraud aliases via a civilian declare successful national court.

The management outlined its priorities for civilian enforcement successful a June memo issued by Assistant Attorney General Brett Shumate, which listed 10 imaginable grounds for targeting naturalized citizens.

Examples scope from “individuals who airs a consequence to nationalist security” aliases who person engaged successful warfare crimes aliases torture, to group who person committed Medicaid aliases Medicare fraud aliases person different defrauded nan government. There is besides a wide catch-all proviso that refers to “any different cases ... that nan section determines to beryllium sufficiently important to pursue.”

The denaturalization rule focuses connected “concealment of a worldly fact” aliases “willful misrepresentation” during nan naturalization proceeding.

The ACLU’s Zafar said nan memo leaves unfastened nan action for nan Trump management to astatine slightest effort to target group based connected their reside aliases associations.

“Even if they don’t deliberation they really person a plausible chance of succeeding, they tin usage it arsenic a intends to conscionable harass people,” she added.

The Justice Department tin bring denaturalization cases complete a wide scope of behaviour related to nan questions applicants for U.S. citizenship are asked, including nan request that they person been of “good civilized character” successful nan preceding 5 years.

Immigration rule includes respective examples of what mightiness disqualify personification connected civilized characteristic grounds, including if they are a “habitual drunkard” aliases person been convicted of forbidden gambling.

The naturalization exertion form itself asks a bid of questions probing bully civilized character, specified arsenic whether nan applicant has been progressive successful convulsive acts, including terrorism.

The shape besides queries whether group person advocated successful support of groups that support communism, “the constitution successful nan United States of a totalitarian dictatorship” aliases nan “unlawful assaulting aliases killing” of immoderate U.S. official.

Failure to accurately reply immoderate of nan questions aliases nan omission of immoderate applicable accusation tin beryllium grounds for citizenship to beryllium revoked.

In 2015, for example, Sammy Chang, a autochthonal of South Korea who had precocious go a U.S. citizen, had his citizenship revoked successful nan aftermath of his condemnation successful a criminal lawsuit of trafficking women to activity astatine a nine he owned.

The authorities said that because Chang had been engaged successful nan strategy during nan clip he was applying for naturalization, he had grounded to show bully civilized character.

But successful some civilian and criminal cases, nan authorities has to scope a precocious barroom to revoke citizenship. Among different things, it has to show that immoderate misstatement aliases omission successful a naturalization exertion was worldly to whether citizenship would person been granted.

In civilian cases, nan authorities has to show “clear, convincing, and unequivocal grounds which does not time off nan rumor successful doubt” successful bid to prevail.

“A elemental crippled of gotcha pinch naturalization applicants isn’t going to work,” said Jeremy McKinney, a North Carolina-based migration lawyer. “It’s going to require important materiality for a judge to portion personification of their United States citizenship.”

Targeting rap lyrics

In his June 26 tweet, Ogles attached a missive he sent to Attorney General Pam Bondi asking her to see pursuing Mamdani’s denaturalization, successful part, because he “expressed unfastened solidarity pinch individuals convicted of terrorism-related offenses anterior to becoming a U.S. citizen.”

Ogles cited rap lyrics that Mamdani wrote years agone successful which he expressed support for nan “Holy Land Five.”

That appears to beryllium a reference to 5 men progressive successful a U.S.-based Muslim charitable group called nan Holy Land Foundation who were convicted successful 2008 of providing worldly support to nan Palestinian group Hamas. Some activists opportunity nan prosecution was a miscarriage of justness fueled by anti-Muslim sentiment pursuing nan 9/11 violent attacks.

Ogles’ agency and Mamdani’s run did not respond to requests seeking comment.

Mamdani and his mother, head Mira Nair, astatine nan premiere of Disney's "Queen Of Katwe" successful 2016.Gregg DeGuire / WireImage file

Speaking connected Newsmax successful June, Ogles expanded connected his reasons for revoking Mamdani’s citizenship, suggesting nan mayoral campaigner had “failed to disclose” applicable accusation erstwhile he became a citizen, including his governmental associations. Ogles has alleged Mamdani is simply a communist because of his recognition arsenic a antiauthoritarian socialist, though nan second is not a communist group.

The Trump administration, Ogles added, could usage a lawsuit against Mamdani to “create a template for different individuals who travel to this country” who, he claimed, “want to undermine our measurement of life.” (Even if Mamdani were denaturalized, he would not, contrary to Ogles’ claim, automatically look deportation, arsenic he would astir apt revert his erstwhile position arsenic a imperishable resident.)

In an quality connected NBC’s “Meet nan Press” connected June 29, Mamdani said calls for him to beryllium stripped of his citizenship and deported are “a glimpse into what life is for illustration for galore Muslim New Yorkers and galore New Yorkers of different faiths who are perpetually being told they don’t beryllium successful this metropolis and this state that they love.”

Targeting Mamdani for his rap lyrics would represent a very different denaturalization case, said Taufa, nan migration lawyer.

But, she added, “they tin trump up a logic to denaturalize personification if they want to.”

McKinney, a erstwhile president of nan American Immigration Lawyers Association, said nan comparatively debased number of denaturalization cases that are filed, including those taken up during Trump’s first term, shows really difficult it is for nan authorities to really portion group of their citizenship.

“But what they tin beryllium very successful astatine is continuing to create a ambiance of panic and worry and fear,” he added. “They’re doing that very well. So, ngo accomplished successful that regard.”