This is a highly stressful time for immigrants to the U.S., regardless of their legal status. However, recent comments by President Trump have made the future even more uncertain – and concerning.
After deporting hundreds of immigrants to a prison in El Salvador without due process, the president has publicly stated that he’s asked Attorney General Pam Bondi to look at ways to deport U.S. citizens who have been convicted of violent crimes. Referring to them as “homegrown” criminals, he recently said, “I’d like to include them in the group of people to get them out of the country.”
The legal guardrails protecting U.S. citizens
Whether the president is referring only to naturalized U.S. citizens or to those born in the U.S. as well isn’t clear. Either way, as one law professor who specializes in immigration law points out, “It’s constitutionally very problematic, if not illegal. It’s a baseline right of citizenship that you can remain in the country.”
Another immigration law expert notes that sending U.S. citizens to foreign prisons known for their human rights violations could be considered a violation of the constitutional protection against cruel and unusual punishment provided by the Eighth Amendment. Even if the U.S. set up prisons abroad for deportees, those prisoners would still be protected by that amendment and the right of due process.
What about denaturalization?
There is potentially an avenue for deporting people who became U.S. citizens by reversing the naturalization process. Such a process is called “denaturalization,” which is basically revoking an immigrant’s U.S. citizenship.
Typically, this is done when someone has committed fraud during the naturalization process – perhaps hiding something from their past or their real identity, for example. However, a person can also be denaturalized if they become “a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization.” Declaring people “terrorists” based on their speech, actions or gang affiliation could be a strategy for attempted denaturalization and deportation.
If you are a U.S. immigrant, it is important for you to understand your rights. Reaching out for legal guidance can also help you with questions and concerns you may have for yourself or your family.