Latest news with #denaturalization
Fox News
05-08-2025
- Politics
- Fox News
Dem doubles down amid firestorm of criticism over Guatemalan loyalty: 'I am both Chapina and American'
Rep. Delia Ramirez, D-Ill., pushed back against a firestorm of criticism that erupted on Monday after a remark she made sparked calls for her to be denaturalized and deported. The congresswoman, who was born in Chicago, Illinois, described herself as "both Chapina and American" and as "from both Guatemala and Chicago, Illinois." Ramirez "is the daughter of Guatemalan immigrants and an American citizen by birthright," according to the news release that includes the controversial statement. She made a comment in Spanish in which she reportedly said, "I'm a proud Guatemalan before I'm an American," according to a tweet from TheBlaze, which was shared by the official Department of Homeland Security X account. When retweeting the post, DHS shared a quote, which it attributed to Theodore Roosevelt: "There is no room in this country for hyphenated is a matter of the spirit and of the soul. Our allegiance must be purely to the United States. We must unsparingly condemn any man who holds any other allegiance." Rep. Andy Ogles, R-Tenn., called for the congresswoman to be reported. "Denaturalize, deport, and kick her off Homeland Committee. We know where her allegiances lie," Ogles wrote on X. Ramirez pushed back against the wave of criticism in a lengthy statement. "Let's call it what it is: today's attacks are a weak attempt to silence my dissent and invalidate my patriotic criticism of the nativist, white supremacist, authoritarians in government. It is the definition of hypocrisy that members of Congress —who betray their oath each day they enable Trump— are attacking me for celebrating my Guatemalan-American roots," she asserted. "No one questions when my white colleagues identify as Irish-American, Italian-American, or Ukrainian-American to honor their ancestry. I've consistently expressed pride in my heritage and history - a pride also often reflected in the origin stories of my colleagues. Only those who believe America should not include the children of immigrants or be diverse would attack me - and Americans like me - for honoring my roots," Ramirez continued. Ramirez stated that honoring her "Guatemalan ancestry" strengthens her "commitment to America," adding that she is one of many Americans who represent the "idea of America." "We are the living and breathing realization of the idea of America – a place where a multicultural, multiracial democracy can prosper. I am the daughter of immigrants and the daughter of America. I am both Chapina and American. I am from both Guatemala and Chicago, Illinois. "Anyone who denies our claim on this country simply because we dare to honor our diverse heritage and immigrant roots only exposes how fragile and small-minded their own idea of America really is," Ramirez concluded.
Forbes
04-08-2025
- Forbes
Tax Fraud And Denaturalization Risks: A Balanced View For Taxpayers
Recent headlines have created alarming concerns among naturalized U.S. citizens. These have suggested that certain tax issues could lead to the loss of U.S. citizenship. This fear is now being amplified on various platforms and stems from a case involving, Vanessa Ben, a Houston woman facing denaturalization over her admission of tax fraud prior to naturalizing. Indeed, the risks of tax fraud and its immigration consequences are very serious. However, taxpayers should be cautious of overly alarmist narratives or unscrupulous tax professionals who may be seeking to profit from the overwhelming sense of panic. False tax returns, for example, may constitute tax fraud if the return was filed with intent to evade taxes. Distinguishing between honest errors and willful misconduct is key. This article provides a factual look at Ms. Ben's denaturalization case. It examines the intersection of tax fraud and naturalization and explores certain unique tax challenges faced by naturalized citizens with prior tax filing concerns. An understanding of the legal landscape and avoiding fear-driven decisions, along with possible steps to address the issues can help guide concerned taxpayers. The Vanessa Ben Denaturalization Case: A Cautionary Tale In July 2025 it was reported in various press articles that Vanessa Ben, a Houston woman was facing denaturalization after pleading guilty in 2019 to filing a false tax return, resulting in a $7,712 refund. Ms. Ben filed her U.S. Individual Income Tax return and signed the form attesting to its validity, but she was aware it contained false information. Ms. Ben was sentenced to 12 months in prison and fined. It has been reported that Ms. Ben now confronts the Department of Justice's attempt to strip her citizenship, alleging she concealed her tax fraud during naturalization. Public details on her case are limited because many denaturalization cases are filed under seal, resulting in the inability to access court filings. Denaturalization has been rare. The DOJ has made denaturalization a priority and Ms. Ben's case seems to reflect the DOJ's recent push to prioritize denaturalization for various causes. These include fraud/intentional misrepresentation during naturalization, as outlined in the DOJ's June 11 memo. For naturalized citizens, tax fraud committed prior to obtaining U.S. citizenship can have severe consequences due to the strict requirements for applicants. The N-400 Application for Naturalization asks, 'Have you EVER committed, agreed to commit, asked someone else to commit, helped commit or tried to commit a crime or offense for which you were NOT arrested?' (Part 9 Question 15a). Applicants are required to disclose all crimes or offenses, including for example, uncharged tax fraud, because this would reflect on 'good moral character' as required under 8 C.F.R. § 316.10. The failure to disclose such offenses can be considered willful misrepresentation and constitute grounds for denaturalization under 8 U.S.C. § 1451. Tax Fraud and Denaturalization: The Misrepresentation Trap In Vanessa Ben's case, the DOJ alleges she committed tax fraud before naturalizing and failed to disclose it, thus misrepresenting that she had good moral character. The case highlights a critical lesson for those seeking naturalization. Even uncharged offenses, such as tax fraud or knowing underreporting of income, must be disclosed during naturalization. Misrepresentation doesn't require a conviction; the DOJ need only prove by "clear, unequivocal, and convincing" evidence, that the applicant concealed a material fact or made a misrepresentation that would have disqualified him from citizenship. Kungys v. United States, 485 U.S. 759, 1988. Taxpayers should be cautious of advisors who sensationalize denaturalization risks to generate fees. However, for those with concerns, it would be proactively wise to engage qualified counsel. Prior tax filings and the Form N-400 could be reviewed to determine whether past tax issues exist, their materiality and potential impact on the naturalization matter. Naturalized citizens who committed tax offenses, such as tax fraud, while green card holders face unique challenges. These include an unlimited statute of limitations for civil tax fraud, the limitations of amending tax returns in the hope of 'curing' the original fraud, and risks associated with the IRS' Voluntary Disclosure Program. All of these issues intersect with immigration consequences and create a complex legal landscape. If a taxpayer files a fraudulent tax return, the IRS can assess taxes and penalties at any future time. The statute of limitations simply does not start to run. This means tax fraud committed as a green card holder can resurface in the future, many years after naturalization. For example, if a taxpayer fraudulently underreported income a decade ago, the IRS can impose back taxes, interest and a 75% fraud penalty. Taxpayers filing an amended tax return to correct a fraudulent filing are often surprised to learn that this does not negate the original fraud or reinstate the three-year statute of limitations. The original fraudulent intent is what triggers the unlimited statute of limitations. A later correction will not simply erase it. This leaves taxpayers vulnerable to IRS assessments indefinitely, even after attempting to correct the fraudulent filing. In fact, filing amended returns could be a trigger and invite such scrutiny. The IRS VDP is now quite strict. It permits taxpayers to disclose willful tax evasion, pay back taxes and penalties, and possibly avoid criminal prosecution. However, participation in the VDP requires a detailed narrative about the tax noncompliance. The details provided in the taxpayer's narrative could provide the DOJ with evidence for denaturalization if the fraud or tax evasion occurred prior to naturalization. For instance, if a green card holder intentionally underreported income and later naturalized without disclosing it, a VDP submission could be used to argue misrepresentation took place on the on the Form N-400. The VDP may protect against criminal tax charges, but it certainly is no shield against civil penalties or immigration consequences. Notably, in June 2025, the IRS agreed to remove a controversial 'willfulness checkbox' from the form required to enter VDP, Form 14457, following advocacy from the National Taxpayer Advocate. The NTA argued that this checkbox, completed under penalty of perjury, deterred taxpayer participation because it caused them to risk self-incrimination. This change has not yet been implemented and is expected in the Form 14457's next revision. While this contemplated change reduces the explicit admission of willfulness, a narrative is still required. It must be very carefully prepared since the narrative could implicate taxpayers in denaturalization cases. Taxpayers should consult with tax and immigration attorneys to weigh VDP risks carefully, choosing advisors who will not exploit taxpayer fears and inflate the threats unnecessarily. Involuntary Denaturalization And The Exit Tax For naturalized citizens with significant assets or income or tax noncompliance, denaturalization carries an additional risk. These individuals can be treated as 'covered expatriates' upon denaturalization. As discussed in my previous Forbes article, covered expatriates involuntarily stripped of citizenship face a mark-to-market tax on unrealized gains and U.S. recipients of gifts or inheritances from them at any future date face significant transfer taxes. Tax fraud often involves unreported income, suggesting significant assets, which could trigger harsh taxes upon denaturalization. Taxpayers should bear in mind that denaturalization is a lengthy process. It does not happen suddenly. The proceedings can take months or years since they involve civil or criminal court proceedings and often include appeals. This extended timeline provides taxpayers time to obtain tax planning and implement it. For example, depending on the facts, taxpayers can look at restructuring assets to eliminate or minimize exit tax liability if denaturalization looms. Conclusion Denaturalization and tax fraud or evasion are linked and clearly carry serious legal consequences. Those with concerns can take proactive steps to ascertain and mitigate their risks. Steps include consulting experienced tax and immigration attorneys who are reputable. They can help taxpayers carefully review tax filings and immigration records, and based on the findings, strategize and address errors. Advisors who exploit fears with exaggerated claims must be carefully avoided. Taxpayers should always remember that they can use the extended timeline of denaturalization proceedings to plan strategically. Stay on top of tax matters around the globe. Reach me at vljeker@ Visit my US tax blog
CNN
18-07-2025
- Entertainment
- CNN
Could Trump strip citizenship from Elon Musk, Zohran Mamdani or Rosie O'Donnell?
What do the world's richest man, a candidate for New York City's top job and a comedian who once co-hosted 'The View' have in common? In recent weeks, President Donald Trump has made comments implying their US citizenship could be in jeopardy. Trump told reporters he'd look into the possibility of deporting Elon Musk. He threatened to arrest Zohran Mamdani. And he posted on social media that he's seriously considering revoking Rosie O'Donnell's citizenship. The comments come as his administration is also sharing broader plans to prioritize denaturalization, the legal process used to strip individuals of their citizenship. What exactly did Trump say, how likely is any of this to happen, and what's the broader context around these statements? Here's a look at some key questions and answers. Asked by a reporter earlier this month whether he'd deport Musk, Trump said, 'I don't know, I mean, we'll have to take a look.' He made a similar statement when asked by another reporter what he'd do if Mamdani defies US Immigration and Customs Enforcement in New York City. 'We'll have to arrest him. Look, we don't need a communist in this country, but if we have one, I'm going to be watching over him very carefully on behalf of the nation,' Trump said. The president went on to add: 'A lot of people are saying that he's here illegally. We're going to look at everything.' There is no evidence that Mamdani is in the country illegally, though a conservative lawmaker has called for an investigation into his citizenship. Musk and Mamdani are both naturalized US citizens. Musk was born in Pretoria, South Africa, and became a US citizen in 2002, according to biographies of the billionaire. Mamdani was born in Kampala, Uganda, and became a US citizen in 2018. Regarding O'Donnell, Trump posted on Truth Social that the comedian 'is not in the best interests of our Great Country.' 'I am giving serious consideration to taking away her Citizenship,' Trump wrote, calling the US-born actress a 'Threat to Humanity.' It was the latest volley in a longrunning feud between Trump and O'Donnell that's frequently played out on social media. Trump hasn't said what prompted his latest post. O'Donnell, who moved to Ireland with her 12-year-old child in January, had recently criticized how his administration handled devastating floods in Texas. O'Donnell said earlier this year that she was in the process of getting Irish citizenship as she has Irish grandparents. Musk: In response to a video of Trump's remarks shared on X, Musk said: 'So tempting to escalate this. So, so tempting. But I will refrain for now.' Musk hasn't responded to an inquiry from CNN about Trump's comments. In the past, the billionaire has denied accusations that he began his career working illegally in the US. Mamdani: The New York mayoral hopeful decried the president's comments in a press briefing the next day: 'Yesterday, Donald Trump said that I should be arrested, he said that I should be deported, he said that I should be denaturalized, and he said those things about me, someone who stands to be the first immigrant mayor of this city in generations, someone who would also be the first Muslim and the first South Asian mayor in the city's history. And he said these things less so because of who I am, because of where I come from, because of how I look or how I speak. And more so because he wants to distract from what I fight for.' O'Donnell: The onetime cohost of 'The View' fired back on Instagram, comparing Trump to a notoriously petulant and evil 'Game of Thrones' character: 'you want to revoke my citizenship? go ahead and try, king joffrey with a tangerine spray tan. i'm not yours to silence. i never was.' Musk, Mamdani and O'Donnell are all high-profile figures whose political differences with the president are well known. But Trump's comments regarding their citizenship aren't happening in a vacuum. In the recent past, denaturalizations were rare, averaging only 11 cases per year between 1990 and 2017, according to the Immigrant Legal Resource Center. The number of filings increased after the Justice Department opened an office focused on denaturalization during Trump's first term. That office was quietly closed during the Biden administration, but the second Trump administration has made no secret of its desire to increase denaturalization as part of its immigration crackdowns. Stephen Miller has vowed the renewed effort will be 'turbocharged.' And a memo issued by the Justice Department last month directed attorneys in the civil division to prioritize denaturalization 'in all cases permitted by law.' The memo also suggests that US attorneys' offices across the country should flag cases where they may be able to initiate denaturalization proceedings. It's unclear whether the Trump administration will act on the President's comments referencing the citizenship of Musk, Mamdani or O'Donnell. 'Trump's words don't always tell us what he's going to do. It's sort of hard to know what to make of it,' says Matthew Hoppock, an immigration attorney in Kansas who's represented clients in denaturalization proceedings. 'I don't know if we should take him at his word, because a lot of these (comments) are not planned statements; they're in response to things that journalists say,' he adds. And in the past, when the Trump administration announced plans to increase denaturalization during his first administration, the number of cases officials ultimately pursued was smaller than promised. During the first Trump administration, US Citizenship and Immigration Services announced it would refer 1,600 denaturalization cases to the Department of Justice. In the end, just over 100 denaturalization cases were filed during Trump's first term, according to the Justice Department. The US law used to revoke the citizenship of naturalized Americans outlines two general grounds for such cases: -Illegal procurement of naturalization -Concealment of a material fact or willful misrepresentation For years the statute was used largely to target war criminals, including former Nazis who lied their way into becoming American citizens. But denaturalization is rare. And for the government, accusing someone of concealing a material fact in their application or becoming a citizen illegally is just the beginning. 'It still has to be a process which happens before a federal district court, and … the government has the burden of proving it by clear and convincing evidence,' says Muzaffar Chishti, a senior fellow at the nonpartisan Migration Policy Institute. And winning that case in court can be difficult. 'Trump cannot denaturalize either Musk or Mamdani. Only a court can. And there's a process. And a high bar for that,' Chishti says. O'Donnell is a US citizen who was born on New York's Long Island. Experts say a president can't unilaterally take away the citizenship of someone who, like O'Donnell, was born in the US. The law outlines a series of circumstances under which someone can lose their citizenship if they perform certain actions voluntarily 'with the intention of relinquishing United States nationality.' 'Under the law, there is no mechanism for any natural-born United States citizen to lose their citizenship other than by renunciation (giving it up voluntarily) or death,' Hoppock says. 'Even if Congress created some law making it possible, the Supreme Court has held that such a law would be unconstitutional.' Earlier this month, Justice Department spokesman Chad Gilmartin said five denaturalization cases had been filed since Trump's return to power. 'MORE TO COME,' he wrote on X in a series of posts that included a page from the memo outlining the Justice Department's updated guidelines for the practice. Gilmartin's post did not provide additional details about the filed denaturalization cases. A June press release from the department describes the recent denaturalization of a former US Army soldier who pleaded guilty in 2014 to receiving child pornography. The Justice Department's recent memo notes that attorneys should aim their denaturalization work to target anyone who poses 'a potential danger to national security.' It also says people who've committed violent crimes, are members or associates of gangs and drug cartels or have committed fraud should be prioritized. Some immigration law experts have expressed concern that the memo could lead to the administration retroactively searching for missteps in the naturalization process of perceived political opponents. 'The politicization of citizenship rights is something that really worries me,' Cassandra Burke Robertson, a law professor at Case Western Reserve University, told CNN. The Justice Department told CNN in a statement earlier this month that denaturalization proceedings 'will only be pursued as permitted by law and supported by evidence against individuals who illegally procured or misrepresented facts in the naturalization process.' Chishti, of the Migration Policy Institute, says Trump's comments about Musk and Mamdani signify a notable shift in the way denaturalization is being discussed. 'This is a totally different chapter of going after your political enemies that has no precedent really,' he says. 'It's not that we have had no record of denaturalization. But political animus has never raised its ugly head in our process. This seems clearly driven by political motivation. And that's unfortunate.' Hoppock says the president's recent comments about O'Donnell appear to be in a similar vein. 'It's an extremely concerning signal from a President that seems to have no concern for the Constitution,' he wrote in an email. When asked for a response, White House spokeswoman Abigail Jackson did not address the specific claims made by Chishti and Hoppock, but questioned their expertise and noted they'd donated in the past to Democrats. Taken alone, Chishti said Trump's comments about Musk and Mamdani might not have much of an impact. But coupled with the government deciding to revoke visas and green cards for people based on political opinions and foreign policy, he says, the potential chilling effect is clear. 'People, even naturalized citizens, will start being careful about anything they say. Because…even the success of the case is not important. It's the fact that…exercising your First Amendment right of expressing your opinion could land you in a denaturalization proceeding. That's very troubling,' Chishti says. CNN's Hannah Rabinowitz, Donald Judd, Kit Maher and Hadas Gold contributed to this report.
CNN
18-07-2025
- Entertainment
- CNN
Could Trump strip citizenship from Elon Musk, Zohran Mamdani or Rosie O'Donnell?
What do the world's richest man, a candidate for New York City's top job and a comedian who once co-hosted 'The View' have in common? In recent weeks, President Donald Trump has made comments implying their US citizenship could be in jeopardy. Trump told reporters he'd look into the possibility of deporting Elon Musk. He threatened to arrest Zohran Mamdani. And he posted on social media that he's seriously considering revoking Rosie O'Donnell's citizenship. The comments come as his administration is also sharing broader plans to prioritize denaturalization, the legal process used to strip individuals of their citizenship. What exactly did Trump say, how likely is any of this to happen, and what's the broader context around these statements? Here's a look at some key questions and answers. Asked by a reporter earlier this month whether he'd deport Musk, Trump said, 'I don't know, I mean, we'll have to take a look.' He made a similar statement when asked by another reporter what he'd do if Mamdani defies US Immigration and Customs Enforcement in New York City. 'We'll have to arrest him. Look, we don't need a communist in this country, but if we have one, I'm going to be watching over him very carefully on behalf of the nation,' Trump said. The president went on to add: 'A lot of people are saying that he's here illegally. We're going to look at everything.' There is no evidence that Mamdani is in the country illegally, though a conservative lawmaker has called for an investigation into his citizenship. Musk and Mamdani are both naturalized US citizens. Musk was born in Pretoria, South Africa, and became a US citizen in 2002, according to biographies of the billionaire. Mamdani was born in Kampala, Uganda, and became a US citizen in 2018. Regarding O'Donnell, Trump posted on Truth Social that the comedian 'is not in the best interests of our Great Country.' 'I am giving serious consideration to taking away her Citizenship,' Trump wrote, calling the US-born actress a 'Threat to Humanity.' It was the latest volley in a longrunning feud between Trump and O'Donnell that's frequently played out on social media. Trump hasn't said what prompted his latest post. O'Donnell, who moved to Ireland with her 12-year-old child in January, had recently criticized how his administration handled devastating floods in Texas. O'Donnell said earlier this year that she was in the process of getting Irish citizenship as she has Irish grandparents. Musk: In response to a video of Trump's remarks shared on X, Musk said: 'So tempting to escalate this. So, so tempting. But I will refrain for now.' Musk hasn't responded to an inquiry from CNN about Trump's comments. In the past, the billionaire has denied accusations that he began his career working illegally in the US. Mamdani: The New York mayoral hopeful decried the president's comments in a press briefing the next day: 'Yesterday, Donald Trump said that I should be arrested, he said that I should be deported, he said that I should be denaturalized, and he said those things about me, someone who stands to be the first immigrant mayor of this city in generations, someone who would also be the first Muslim and the first South Asian mayor in the city's history. And he said these things less so because of who I am, because of where I come from, because of how I look or how I speak. And more so because he wants to distract from what I fight for.' O'Donnell: The onetime cohost of 'The View' fired back on Instagram, comparing Trump to a notoriously petulant and evil 'Game of Thrones' character: 'you want to revoke my citizenship? go ahead and try, king joffrey with a tangerine spray tan. i'm not yours to silence. i never was.' Musk, Mamdani and O'Donnell are all high-profile figures whose political differences with the president are well known. But Trump's comments regarding their citizenship aren't happening in a vacuum. In the recent past, denaturalizations were rare, averaging only 11 cases per year between 1990 and 2017, according to the Immigrant Legal Resource Center. The number of filings increased after the Justice Department opened an office focused on denaturalization during Trump's first term. That office was quietly closed during the Biden administration, but the second Trump administration has made no secret of its desire to increase denaturalization as part of its immigration crackdowns. Stephen Miller has vowed the renewed effort will be 'turbocharged.' And a memo issued by the Justice Department last month directed attorneys in the civil division to prioritize denaturalization 'in all cases permitted by law.' The memo also suggests that US attorneys' offices across the country should flag cases where they may be able to initiate denaturalization proceedings. It's unclear whether the Trump administration will act on the President's comments referencing the citizenship of Musk, Mamdani or O'Donnell. 'Trump's words don't always tell us what he's going to do. It's sort of hard to know what to make of it,' says Matthew Hoppock, an immigration attorney in Kansas who's represented clients in denaturalization proceedings. 'I don't know if we should take him at his word, because a lot of these (comments) are not planned statements; they're in response to things that journalists say,' he adds. And in the past, when the Trump administration announced plans to increase denaturalization during his first administration, the number of cases officials ultimately pursued was smaller than promised. During the first Trump administration, US Citizenship and Immigration Services announced it would refer 1,600 denaturalization cases to the Department of Justice. In the end, just over 100 denaturalization cases were filed during Trump's first term, according to the Justice Department. The US law used to revoke the citizenship of naturalized Americans outlines two general grounds for such cases: -Illegal procurement of naturalization -Concealment of a material fact or willful misrepresentation For years the statute was used largely to target war criminals, including former Nazis who lied their way into becoming American citizens. But denaturalization is rare. And for the government, accusing someone of concealing a material fact in their application or becoming a citizen illegally is just the beginning. 'It still has to be a process which happens before a federal district court, and … the government has the burden of proving it by clear and convincing evidence,' says Muzaffar Chishti, a senior fellow at the nonpartisan Migration Policy Institute. And winning that case in court can be difficult. 'Trump cannot denaturalize either Musk or Mamdani. Only a court can. And there's a process. And a high bar for that,' Chishti says. O'Donnell is a US citizen who was born on New York's Long Island. Experts say a president can't unilaterally take away the citizenship of someone who, like O'Donnell, was born in the US. The law outlines a series of circumstances under which someone can lose their citizenship if they perform certain actions voluntarily 'with the intention of relinquishing United States nationality.' 'Under the law, there is no mechanism for any natural-born United States citizen to lose their citizenship other than by renunciation (giving it up voluntarily) or death,' Hoppock says. 'Even if Congress created some law making it possible, the Supreme Court has held that such a law would be unconstitutional.' Earlier this month, Justice Department spokesman Chad Gilmartin said five denaturalization cases had been filed since Trump's return to power. 'MORE TO COME,' he wrote on X in a series of posts that included a page from the memo outlining the Justice Department's updated guidelines for the practice. Gilmartin's post did not provide additional details about the filed denaturalization cases. A June press release from the department describes the recent denaturalization of a former US Army soldier who pleaded guilty in 2014 to receiving child pornography. The Justice Department's recent memo notes that attorneys should aim their denaturalization work to target anyone who poses 'a potential danger to national security.' It also says people who've committed violent crimes, are members or associates of gangs and drug cartels or have committed fraud should be prioritized. Some immigration law experts have expressed concern that the memo could lead to the administration retroactively searching for missteps in the naturalization process of perceived political opponents. 'The politicization of citizenship rights is something that really worries me,' Cassandra Burke Robertson, a law professor at Case Western Reserve University, told CNN. The Justice Department told CNN in a statement earlier this month that denaturalization proceedings 'will only be pursued as permitted by law and supported by evidence against individuals who illegally procured or misrepresented facts in the naturalization process.' Chishti, of the Migration Policy Institute, says Trump's comments about Musk and Mamdani signify a notable shift in the way denaturalization is being discussed. 'This is a totally different chapter of going after your political enemies that has no precedent really,' he says. 'It's not that we have had no record of denaturalization. But political animus has never raised its ugly head in our process. This seems clearly driven by political motivation. And that's unfortunate.' Hoppock says the president's recent comments about O'Donnell appear to be in a similar vein. 'It's an extremely concerning signal from a President that seems to have no concern for the Constitution,' he wrote in an email. When asked for a response, White House spokeswoman Abigail Jackson did not address the specific claims made by Chishti and Hoppock, but questioned their expertise and noted they'd donated in the past to Democrats. Taken alone, Chishti said Trump's comments about Musk and Mamdani might not have much of an impact. But coupled with the government deciding to revoke visas and green cards for people based on political opinions and foreign policy, he says, the potential chilling effect is clear. 'People, even naturalized citizens, will start being careful about anything they say. Because…even the success of the case is not important. It's the fact that…exercising your First Amendment right of expressing your opinion could land you in a denaturalization proceeding. That's very troubling,' Chishti says. CNN's Hannah Rabinowitz, Donald Judd, Kit Maher and Hadas Gold contributed to this report.
CNN
18-07-2025
- Entertainment
- CNN
Could Trump strip citizenship from Elon Musk, Zohran Mamdani or Rosie O'Donnell?
What do the world's richest man, a candidate for New York City's top job and a comedian who once co-hosted 'The View' have in common? In recent weeks, President Donald Trump has made comments implying their US citizenship could be in jeopardy. Trump told reporters he'd look into the possibility of deporting Elon Musk. He threatened to arrest Zohran Mamdani. And he posted on social media that he's seriously considering revoking Rosie O'Donnell's citizenship. The comments come as his administration is also sharing broader plans to prioritize denaturalization, the legal process used to strip individuals of their citizenship. What exactly did Trump say, how likely is any of this to happen, and what's the broader context around these statements? Here's a look at some key questions and answers. Asked by a reporter earlier this month whether he'd deport Musk, Trump said, 'I don't know, I mean, we'll have to take a look.' He made a similar statement when asked by another reporter what he'd do if Mamdani defies US Immigration and Customs Enforcement in New York City. 'We'll have to arrest him. Look, we don't need a communist in this country, but if we have one, I'm going to be watching over him very carefully on behalf of the nation,' Trump said. The president went on to add: 'A lot of people are saying that he's here illegally. We're going to look at everything.' There is no evidence that Mamdani is in the country illegally, though a conservative lawmaker has called for an investigation into his citizenship. Musk and Mamdani are both naturalized US citizens. Musk was born in Pretoria, South Africa, and became a US citizen in 2002, according to biographies of the billionaire. Mamdani was born in Kampala, Uganda, and became a US citizen in 2018. Regarding O'Donnell, Trump posted on Truth Social that the comedian 'is not in the best interests of our Great Country.' 'I am giving serious consideration to taking away her Citizenship,' Trump wrote, calling the US-born actress a 'Threat to Humanity.' It was the latest volley in a longrunning feud between Trump and O'Donnell that's frequently played out on social media. Trump hasn't said what prompted his latest post. O'Donnell, who moved to Ireland with her 12-year-old child in January, had recently criticized how his administration handled devastating floods in Texas. O'Donnell said earlier this year that she was in the process of getting Irish citizenship as she has Irish grandparents. Musk: In response to a video of Trump's remarks shared on X, Musk said: 'So tempting to escalate this. So, so tempting. But I will refrain for now.' Musk hasn't responded to an inquiry from CNN about Trump's comments. In the past, the billionaire has denied accusations that he began his career working illegally in the US. Mamdani: The New York mayoral hopeful decried the president's comments in a press briefing the next day: 'Yesterday, Donald Trump said that I should be arrested, he said that I should be deported, he said that I should be denaturalized, and he said those things about me, someone who stands to be the first immigrant mayor of this city in generations, someone who would also be the first Muslim and the first South Asian mayor in the city's history. And he said these things less so because of who I am, because of where I come from, because of how I look or how I speak. And more so because he wants to distract from what I fight for.' O'Donnell: The onetime cohost of 'The View' fired back on Instagram, comparing Trump to a notoriously petulant and evil 'Game of Thrones' character: 'you want to revoke my citizenship? go ahead and try, king joffrey with a tangerine spray tan. i'm not yours to silence. i never was.' Musk, Mamdani and O'Donnell are all high-profile figures whose political differences with the president are well known. But Trump's comments regarding their citizenship aren't happening in a vacuum. In the recent past, denaturalizations were rare, averaging only 11 cases per year between 1990 and 2017, according to the Immigrant Legal Resource Center. The number of filings increased after the Justice Department opened an office focused on denaturalization during Trump's first term. That office was quietly closed during the Biden administration, but the second Trump administration has made no secret of its desire to increase denaturalization as part of its immigration crackdowns. Stephen Miller has vowed the renewed effort will be 'turbocharged.' And a memo issued by the Justice Department last month directed attorneys in the civil division to prioritize denaturalization 'in all cases permitted by law.' The memo also suggests that US attorneys' offices across the country should flag cases where they may be able to initiate denaturalization proceedings. It's unclear whether the Trump administration will act on the President's comments referencing the citizenship of Musk, Mamdani or O'Donnell. 'Trump's words don't always tell us what he's going to do. It's sort of hard to know what to make of it,' says Matthew Hoppock, an immigration attorney in Kansas who's represented clients in denaturalization proceedings. 'I don't know if we should take him at his word, because a lot of these (comments) are not planned statements; they're in response to things that journalists say,' he adds. And in the past, when the Trump administration announced plans to increase denaturalization during his first administration, the number of cases officials ultimately pursued was smaller than promised. During the first Trump administration, US Citizenship and Immigration Services announced it would refer 1,600 denaturalization cases to the Department of Justice. In the end, just over 100 denaturalization cases were filed during Trump's first term, according to the Justice Department. The US law used to revoke the citizenship of naturalized Americans outlines two general grounds for such cases: -Illegal procurement of naturalization -Concealment of a material fact or willful misrepresentation For years the statute was used largely to target war criminals, including former Nazis who lied their way into becoming American citizens. But denaturalization is rare. And for the government, accusing someone of concealing a material fact in their application or becoming a citizen illegally is just the beginning. 'It still has to be a process which happens before a federal district court, and … the government has the burden of proving it by clear and convincing evidence,' says Muzaffar Chishti, a senior fellow at the nonpartisan Migration Policy Institute. And winning that case in court can be difficult. 'Trump cannot denaturalize either Musk or Mamdani. Only a court can. And there's a process. And a high bar for that,' Chishti says. O'Donnell is a US citizen who was born on New York's Long Island. Experts say a president can't unilaterally take away the citizenship of someone who, like O'Donnell, was born in the US. The law outlines a series of circumstances under which someone can lose their citizenship if they perform certain actions voluntarily 'with the intention of relinquishing United States nationality.' 'Under the law, there is no mechanism for any natural-born United States citizen to lose their citizenship other than by renunciation (giving it up voluntarily) or death,' Hoppock says. 'Even if Congress created some law making it possible, the Supreme Court has held that such a law would be unconstitutional.' Earlier this month, Justice Department spokesman Chad Gilmartin said five denaturalization cases had been filed since Trump's return to power. 'MORE TO COME,' he wrote on X in a series of posts that included a page from the memo outlining the Justice Department's updated guidelines for the practice. Gilmartin's post did not provide additional details about the filed denaturalization cases. A June press release from the department describes the recent denaturalization of a former US Army soldier who pleaded guilty in 2014 to receiving child pornography. The Justice Department's recent memo notes that attorneys should aim their denaturalization work to target anyone who poses 'a potential danger to national security.' It also says people who've committed violent crimes, are members or associates of gangs and drug cartels or have committed fraud should be prioritized. Some immigration law experts have expressed concern that the memo could lead to the administration retroactively searching for missteps in the naturalization process of perceived political opponents. 'The politicization of citizenship rights is something that really worries me,' Cassandra Burke Robertson, a law professor at Case Western Reserve University, told CNN. The Justice Department told CNN in a statement earlier this month that denaturalization proceedings 'will only be pursued as permitted by law and supported by evidence against individuals who illegally procured or misrepresented facts in the naturalization process.' Chishti, of the Migration Policy Institute, says Trump's comments about Musk and Mamdani signify a notable shift in the way denaturalization is being discussed. 'This is a totally different chapter of going after your political enemies that has no precedent really,' he says. 'It's not that we have had no record of denaturalization. But political animus has never raised its ugly head in our process. This seems clearly driven by political motivation. And that's unfortunate.' Hoppock says the president's recent comments about O'Donnell appear to be in a similar vein. 'It's an extremely concerning signal from a President that seems to have no concern for the Constitution,' he wrote in an email. When asked for a response, White House spokeswoman Abigail Jackson did not address the specific claims made by Chishti and Hoppock, but questioned their expertise and noted they'd donated in the past to Democrats. Taken alone, Chishti said Trump's comments about Musk and Mamdani might not have much of an impact. But coupled with the government deciding to revoke visas and green cards for people based on political opinions and foreign policy, he says, the potential chilling effect is clear. 'People, even naturalized citizens, will start being careful about anything they say. Because…even the success of the case is not important. It's the fact that…exercising your First Amendment right of expressing your opinion could land you in a denaturalization proceeding. That's very troubling,' Chishti says. CNN's Hannah Rabinowitz, Donald Judd, Kit Maher and Hadas Gold contributed to this report.
