The Trump administration has escalated its use of denaturalization as an enforcement tool, targeting not only violent offenders and war criminals, but now also naturalized Americans who committed relatively minor offenses—such as filing a false tax return.
In a marked expansion of presidential authority during Donald J. Trump’s second term, the U.S. Department of Justice recently reaffirmed denaturalization as one of its top five civil enforcement priorities. Critics argue the administration is weaponizing immigration law to punish political opponents and discourage future immigrants from seeking U.S. citizenship.
One such case involves Vanessa Ben, a Houston grandmother and naturalized American citizen who pleaded guilty in 2019 to underreporting income on her tax return prior to becoming a citizen. Although Ben paid restitution and served a 12-month sentence, the DOJ is now attempting to revoke her citizenship, alleging she concealed a “material fact” during her naturalization process—despite the fact that she hadn’t been charged at the time of her interview.
Legal experts say this case—and others like it—represent a troubling shift. “This kind of prosecution was once reserved for individuals with deeply serious crimes such as war crimes, terrorism, or identity fraud,” said a former DOJ immigration official. “What we’re seeing now is a use of denaturalization to send a message—and it could be chilling.”
Civil vs. Criminal Denaturalization
There are two main legal pathways for stripping a person of their U.S. citizenship. Under 8 U.S.C. § 1451, civil denaturalization allows for revocation when someone is found to have willfully misrepresented or concealed a material fact during the naturalization process. There is no statute of limitations, no jury trial, and the government only needs to meet a standard of “clear, convincing, and unequivocal evidence.”
The criminal equivalent—18 U.S.C. § 1425—requires prosecutors to prove, beyond a reasonable doubt, that someone knowingly lied in their application or naturalization interview. But civil cases, which are easier to win and don’t entitle the defendant to counsel, are where the Trump DOJ is increasingly focused.
That focus has led to a dramatic spike in denaturalization filings. In 2018 alone, over 90 such cases were filed, more than double the annual average under former Presidents George W. Bush and Barack Obama. According to Bloomberg Law data, 2018 also saw nearly twice as many civil denaturalization filings as any single year under the Obama administration.
Broader Implications
Civil rights advocates and immigration attorneys warn that the Trump administration’s expansive interpretation of the denaturalization statutes could make any naturalized citizen vulnerable—especially those with minor infractions or administrative missteps.
“It creates a second-class tier of American citizens,” said Rep. Pramila Jayapal (D-Wash.), herself a naturalized citizen. “It sends the dangerous message that your citizenship is conditional.”
Gintare Grigaite, an immigration attorney who has defended clients in denaturalization cases, urged caution: “Even seemingly minor charges, like tax mistakes or traffic infractions, should now be carefully evaluated with an immigration attorney before entering any plea.”
The concern isn’t theoretical. Earlier this year, Immigration and Customs Enforcement (ICE) launched a new web portal to publicize cases where citizenship was revoked. Most listed were convicted of heinous crimes—sexual abuse, war crimes, or fraud. Vanessa Ben was not among them.
According to her defense team, Ben had no violent or criminal history prior to her tax return error, which occurred years before her naturalization. They argue that applying denaturalization in such cases defies legal tradition and opens the door to arbitrary enforcement.
Political Context
Trump has publicly floated revoking citizenship from high-profile critics and immigrants, including Elon Musk and New York politician Zohran Mamdani. He even hinted at taking action against U.S.-born comedian Rosie O’Donnell, who resides in Ireland. Though such statements have yet to materialize into legal actions, they have amplified fears that denaturalization is becoming a political weapon.
“This isn’t just about immigration enforcement,” said Margy O’Herron, a former DOJ counsel. “It’s about reshaping who gets to call themselves American—and under what conditions.”
With President Trump continuing to reshape the DOJ and federal judiciary, observers anticipate more legal showdowns in the months ahead. And with denaturalization now prioritized by the Civil Division, naturalized Americans across the country may find themselves unexpectedly in the legal crosshairs.
Legal Note:
Attorneys representing clients facing criminal charges are increasingly being advised to consider their client’s immigration and naturalization status before negotiating plea deals, as seemingly minor missteps can now have life-altering consequences—even for those who already became U.S. citizens.
