Trump continues in his campaign to antagonize the immigrant community of the United States, describing intentions for his second term to target those with citizenship obtained by birthright citizenship or naturalization. In a viral video with almost 39 million views, Trump claimed he would sign an executive order “making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic U.S. citizenship,” indicating the policy would not apply retroactively. Under this proposal, at least one parent would need to be a citizen or legal resident for the child to receive birthright citizenship. Another initiative of potentially devastating impact will target naturalized U.S. citizens.
Stephen Miller intends to pursue the rarely utilized “denaturalization” process to attempt to strip citizenship from immigrants who have been citizens for years or decades based on suspicion of fraud on their naturalization applications, leaving them vulnerable to deportation alongside his other targets. This process was created in 1906 by statute, stating that citizenship obtained through false statements or fraudulent omissions may be canceled. The ability to revoke citizenship was limited by the Supreme Court by unanimous decision in 2017, declaring that naturalization may only be canceled for “materially” false statements, that is, a lie or intentional omission that would have prohibited naturalization. The first Trump administration’s Department of Justice carried out “Operation Second Look,” a denaturalization effort to investigate the citizenship of thousands of immigrants suspected of gaining naturalization by fraud or deceit, which Miller has declared he intends to reprise.
These pursuits will doubtless be hindered by legal opposition. Should Miller follow through on his assertions, it should be noted that denaturalization is a judicial process, with right to trial in federal court, though there is no right to appointed counsel in such cases, forcing accused defendants to bear the expense of retaining a lawyer. ACLU attorney Omar Jadwat has stated that “litigation is a certainty,” referring to Trump’s reported intention to pursue the removal of birthright citizenship, further stating that “it would essentially be an attempt to tear down one of the core constitutional protections that has been a key part of our country.” Birthright citizenship is founded on the fourteenth amendment of the U.S. Constitution, where it is stated: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” As such, the president cannot end birthright citizenship by executive order as it would violate the U.S. Constitution.
Be very careful!
Beware of notaries, immigration consultants or anyone who is not qualified and prepared in these matters. Always seek the advice and services of an immigration attorney for your immigration processes and procedures.