Immigration hardliners are focusing on regulations that safeguard foreign-born Americans from deportation, even in cases where they may engage in terrorism.
After the U.S. entered conflict with the Iranian regime in February, three naturalized citizens were charged with terrorism in Texas, Michigan, and Virginia. Moreover, additional naturalized citizens who were arrested for plotting terrorist acts have either been released or are set to be allowed back into U.S. society, based on records from the Department of Justice (DOJ), courts, and prison systems.
While there’s increasing pressure for stricter penalties and denaturalization of those who commit jihadist acts, revoking their citizenship is complicated. Unless Congress enacts a contentious bill supported by Republican members, this situation is unlikely to change.
Senator Tom Cotton from Arkansas stated that individuals who attack the country and break laws cannot be considered true Americans. He has proposed legislation aimed at stripping citizenship from terrorists and felons, suggesting it would establish a fair method for denaturalization. Currently, citizenship can only be revoked if it was obtained through fraud, such as misrepresenting ties to foreign terrorist groups before becoming a citizen. USCIS guidelines indicate that if someone is connected to such a group within five years post-naturalization, it may indicate their loyalty was insincere at the time of application. However, if they join a terrorist organization more than five years after becoming naturalized, they would retain their citizenship.
Cotton’s bill aims to change that, making ties to terrorist organizations and certain significant crimes reason for denaturalization, irrespective of the timing of these affiliations. Another bill from Missouri’s Republican Senator Eric Schmidt seeks to extend the timeframe for denaturalization from five to ten years post-citizenship.
Chris Chmielenski, president of the Immigrant Responsibility Project, argued that American citizenship is a privilege demanding respect. He expressed support for Schmidt’s proposal, asserting that naturalized citizens who commit crimes against their country clearly reject allegiance to its laws.
While Cotton’s bill is pending in the Senate Judiciary Committee without any co-sponsors, Schmidt’s proposal has made it onto the Senate Legislative Calendar and boasts 50 co-sponsors in the House Judiciary Committee. Notably, neither proposal has support from Democratic members.
President Trump’s stance
President Donald Trump’s position on denaturalization reform remains somewhat ambiguous. A White House official mentioned that the administration’s primary focus is on safeguarding American citizens and deporting dangerous illegal immigrants. However, it’s recognized that there is an effort to reinforce denaturalization based on existing laws.
Before Trump’s presidency, cases of denaturalization were uncommon, averaging just 11 incidents annually from 1990 to 2017, despite around 758,000 people being naturalized each year during that same period. Following Trump’s administration’s actions, denaturalization instances increased significantly, with at least 51 cases filed in 2020 alone, and a success rate of about 87% in litigation during those years. The aim moving forward appears to be referring at least 100 cases to the DOJ each month.
Denaturalization cases can prove lengthy in courts. For instance, the Obama administration filed a suit in 2015 against an al-Qaeda recruit who improperly obtained citizenship, successfully winning denaturalization in 2017. He had resided in California for years before his arrest, where he was involved in radicalizing local individuals.
Issues of citizenship and crime
The Trump administration previously used statistics to claim that foreign-born individuals were linked to a majority of terrorism incidents within the U.S. Additionally, a study showed that 148 naturalized citizens were convicted of terrorism-related offenses between 2001 and 2016, constituting 58% of all foreign-born terrorists convicted within that timeframe.
This group included various individuals tied to major terrorist plots, all set to be released within the next decade, according to Bureau of Prisons records.
After analyzing DOJ records, it’s clear that since 2016, numerous naturalized citizens have been convicted of serious terrorism offenses, although the comprehensive count remains uncertain. Recent incidents include a man from Pakistan plotting an ISIS knife attack in New York, as well as an Iranian national attempting to blow up a high school—both of whom are slated for release in the coming years.
In the latest, Muhammad Jallow, a naturalized citizen, opened fire during an ROTC class in Virginia, resulting in the death of an instructor. Jallow, who had previously attempted to assist ISIS, was sentenced to less time than recommended, with a judge commenting on the alarming nature of his actions given his military service.
“You took substantial steps to aid [ISIS],” the judge noted, expressing disbelief at the contrast between Jallow’s past service and his betrayal of the nation.
