DOJ announces plans to prioritize cases to revoke citizenship

2025/07/02 2 Comments

One thing if crimes etc before becoming a citizen, another if it is post-citizenship crime etc:

The Justice Department is aggressively prioritizing efforts to strip some Americans of their U.S. citizenship.

Department leadership is directing its attorneys to prioritize denaturalization in cases involving naturalized citizens who commit certain crimes — and giving district attorneys wider discretion on when to pursue this tactic, according to a June 11 memo published online. The move is aimed at U.S. citizens who were not born in the country; according to data from 2023, close to 25 million immigrants were naturalized citizens.

At least one person has already been denaturalized in recent weeks. On June 13, a judge ordered the revocation of the citizenship of Elliott Duke, who uses they/them pronouns. Duke is an American military veteran originally from the U.K. who was convicted for distributing child sexual abuse material — something they later admitted they were doing prior to becoming a U.S. citizen.

Denaturalization is a tactic that was heavily used during the McCarthy era of the late 1940’s and the early 1950’s and one that was expanded during the Obama administration and grew further during President Trump’s first term. It’s meant to strip citizenship from those who may have lied about their criminal convictions or membership in illegal groups like the Nazi party, or communists during McCarthyism, on their citizenship applications.

Assistant Attorney General Brett A. Shumate wrote in the memo that pursuing denaturalization will be among the agency’s top five enforcement priorities for the civil rights division.

“The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence,” he said.

The focus on denaturalization is just the latest step by the Trump administration to reshape the nation’s immigration system across all levels of government, turning it into a major focus across multiple federal agencies. That has come with redefining who is let into the United States or has the right to be an American. Since his return to office, the president has sought to end birthright citizenship and scale back refugee programs.

But immigration law experts expressed serious concerns about the effort’s constitutionality, and how this could impact families of naturalized citizens.

Source: DOJ announces plans to prioritize cases to revoke citizenship

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U.S. Supreme Court ruling jeopardizes birthright citizenship

2025/07/02 Leave a comment

More on the SCOTUS decision:

….Many legal scholars doubt the Trump tactic, and argue that what the words say is what the amendment means. But the Trump administration argues that the context of the 14th amendment – part of a flurry of changes in American life after the Civil War that tore the country apart geographically, culturally, economically, and morally – means that the language reflected a specific moment in time and a specific circumstance. They argue that the 19th-century amendment doesn’t apply to far different 21st-century circumstances. 

The irony is that many of those who support that position also embrace a “strict constructionist” view of the Constitution, urging in other cases that the words of the founding American document (which includes the 25 amendments that followed) are to be taken literally, shorn of context or interpretation.

The Supreme Court’s decision actually said nothing about birthright citizenship. It merely argued that, as Justice Amy Coney Barrett put it, excesses by the executive branch can’t be stanched by excesses of the judicial branch. That means that lower-court judges skeptical of, or opposed to, Trump policies cannot invalidate those initiatives.

The fact that the court test involved the Trump birthright citizenship case opened the administration to pursue its original intention, the denial of citizenship to some children of migrants and to make them vulnerable to deportation. This was an especially important target to the administration because of its view that large numbers of migrants were having children in the U.S., or coming to the country, for the express purpose of rendering their children American citizens.

A May study by the Migration Policy Institute at Penn State University found that, if Mr. Trump prevailed, about 255,000 children born on U.S. soil each year would be denied American citizenship.

The Supreme Court likely will rule on birthright citizenship in its next term, which begins in October, though it is possible some of the suits already filed may prompt it to make a swifter ruling. …

Source: U.S. Supreme Court ruling jeopardizes birthright citizenship

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What is birthright citizenship and what happens after the Supreme Court ruling?

2025/06/30 Leave a comment

Ongoing and further undermining of checks and balances:

After the Supreme Court issued a ruling that limits the ability of federal judges to issue universal injunctions — but didn’t rule on the legality of President Trump’s executive order on birthright citizenship — immigrant rights groups are trying a new tactic by filing a national class action lawsuit.

The lawsuit was filed on behalf of two immigrant rights organizations whose members include people without legal status in the U.S. who “have had or will have children born in the United States after February 19, 2025,” according to court documents.

One of the lawyers representing the plaintiffs, William Powell, senior counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law, says his colleagues at CASA, Inc. and the Asylum Seeker Advocacy Project think that, with the class action approach “we will be able to get complete relief for everyone who would be covered by the executive order.”

Source: What is birthright citizenship and what happens after the Supreme Court ruling?

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The Trump administration is building a national citizenship data system

2025/06/30 Leave a comment

Big brother without public debate and consultations. Legitimate worries:

The Trump administration has, for the first time ever, built a searchable national citizenship data system.

The tool, which is being rolled out in phases, is designed to be used by state and local election officials to give them an easier way to ensure only citizens are voting. But it was developed rapidly without a public process, and some of those officials are already worrying about what else it could be used for.

NPR is the first news organization to report the details of the new system.

For decades, voting officials have noted that there was no national citizenship list to compare their state lists to, so to verify citizenship for their voters, they either needed to ask people to provide a birth certificate or a passport — something that could disenfranchise millions — or use a complex patchwork of disparate data sources.

Now, the Department of Homeland Security is offering another way.

DHS, in partnership with the White House’s Department of Governmental Efficiency (DOGE) team, has recently rolled out a series of upgrades to a network of federal databases to allow state and county election officials to quickly check the citizenship status of their entire voter lists — both U.S.-born and naturalized citizens — using data from the Social Security Administration as well as immigration databases.

Such integration has never existed before, and experts call it a sea change that inches the U.S. closer to having a roster of citizens — something the country has never embraced. A centralized national database of Americans’ personal information has long been considered a third rail — especially to privacy advocates as well as political conservatives, who have traditionally opposed mass data consolidation by the federal government.

Legal experts told NPR they were alarmed that a development of this magnitude was already underway without a transparent and public process.

“That is a debate that needs to play out in a public setting,” said John Davisson, the director of litigation at the nonprofit Electronic Privacy Information Center. “It’s one that deserves public scrutiny and sunlight, that deserves the participation of elected representatives, that deserves opportunities for the public to weigh in through public comment and testimony.”…

Source: The Trump administration is building a national citizenship data system

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Portugal Moves to Enforce Tougher Citizenship Laws with Bold Ten-Year Residency Requirement Transforming the Future of Immigration and Expat Life

2025/06/27 Leave a comment

Of note, tightening up immigration and citizenship by investment in effect among other changes:

Portugal is implementing a sweeping overhaul of its immigration and citizenship policies, introducing a powerful new requirement that doubles the legal residency period from five to ten years for most foreign nationals seeking citizenship. This bold move is designed to tighten eligibility criteria, regulate long-term migration, and reinforce integration efforts across the country. The new legislation is set to significantly impact expats, especially those from non-Portuguese-speaking nations, by reshaping the timeline and complexity of gaining Portuguese citizenship and long-term residency rights.

Portugal is set to implement significant changes to its immigration and citizenship framework, including a major shift in the minimum residency period required for naturalisation. Under the proposed revisions, most foreign nationals will need to reside in the country for a full decade before becoming eligible to apply for citizenship—twice the current requirement.

The decision marks a pivotal change in Portugal’s approach to immigration and could have far-reaching implications for expatriates, especially those from non-Portuguese-speaking nations.

Extended Path to Citizenship for Foreign Nationals

Currently, many foreigners can apply for Portuguese citizenship after five years of legal residency. However, the proposed legal amendments will extend this to ten years for the majority of applicants. Citizens from Lusophone countries such as Brazil will still benefit from relatively shorter pathways but will now be required to reside in Portugal for at least seven years to qualify for citizenship.

This move will affect thousands of expatriates hoping to make Portugal their permanent home, including a large number of British citizens who moved to Portugal following the United Kingdom’s departure from the European Union. These changes are expected to make the journey to EU citizenship more complex and time-consuming.

New Restrictions on Family Reunification

In addition to the extended residency requirement, the proposed changes will introduce more limitations on family reunification rights. Immigrants will need to have lived legally in Portugal for a minimum of two years before they can bring family members into the country. Even then, the eligible relatives must be underage.

This new regulation is aimed at regulating migration flows and ensuring a more structured integration process, according to Portuguese officials. However, it is likely to impact families planning to settle together in the country, making early reunification more difficult for newcomers.

Rising Foreign Population and Slower Naturalisation

Portugal’s foreign population continues to grow steadily. According to the country’s Agency for Migration and Asylum (AIMA), Portugal now hosts over 1.5 million legal foreign residents out of a total population of approximately 10.5 million.

However, naturalisation rates have shown a recent decline. Data compiled by national statistics platform Pordata reveals that 141,300 individuals were naturalised in 2023 — a decline of twenty percent compared to the previous year. This downward trend could continue under the new rules, as longer residency requirements may deter or delay applications for citizenship.

Visa Options Remain, but With Limitations

On the other hand, residency visas are issued for individuals intending to live in Portugal longer-term. Valid for four months, they permit two entries and serve as a gateway to obtaining a residency permit from AIMA within that timeframe. Failure to secure a residency permit during this window may result in legal complications or the need to reapply.

Another key offering is the job seeker visa, designed for individuals actively seeking employment within Portugal. This visa allows entry and temporary stay for job search purposes and permits the holder to undertake paid employment while the visa is valid or until a residence permit is granted. However, this visa does not authorize travel to other Schengen countries during the search period, restricting mobility until formal residency is secured.

Portugal is enforcing a major immigration reform by doubling the residency requirement for citizenship to ten years, aiming to strengthen integration policies and reshape expat settlement patterns. This bold shift will significantly impact global migrants seeking EU citizenship through Portugal.

Implications for Foreigners Planning to Settle in Portugal

The proposed reforms signal a tightening of immigration policies, aligning with growing debates across Europe over integration and border management. For prospective immigrants, particularly those aiming to obtain EU citizenship via Portugal, these developments suggest a longer and potentially more complex process.

While Portugal remains one of the most attractive European destinations for lifestyle migration, remote work, and retirement, the evolving legal landscape may influence the decisions of those considering a permanent move. Experts advise current residents and future applicants to stay informed about upcoming legislative changes and consult immigration specialists for guidance on how these new timelines and rules may affect their plans.

Source: Portugal Moves to Enforce Tougher Citizenship Laws with Bold Ten-Year Residency Requirement Transforming the Future of Immigration and Expat Life

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C-3 Citizenship Act to Replace First Generation Cut-Off: Stalled at Second Reading

2025/06/23 1 Comment

While Conservatives support the provision to treat adoptees born abroad as Canadian-born and the fix for the small remaining 1977-81 cohort of “Lost Canadians”, they maintain their opposition to the proposed connection residency test of 1,095 days with no time restriction for the second generation born abroad, as was the case in the identical C-71 that died on the order paper.

Likely reflecting the lingering bitterness of the Liberal and NDP efforts to “hijack” S-245 bill by broadening its scope beyond fixing the 1977-81 cohort to address second generation born abroad issues, it appears the CPC will oppose the Bill every step of the way.

As a result, the Bill did not complete second reading and will thus not make it to committee before the fall, a tight timeframe in which to meet the federal court deadline of November 20.

Conservatives raised three major concerns:

  • Cumulative 1,095 residency requirement, not consecutive or time limited (e.g., within 5 years as per permanent residents);
  • Lack of estimated numbers of persons affected and related operational estimates and costs (interestingly, government members did not mention the PBO study showing a likely 115,000 persons over five years but Conservative members did:; and,
  • Need for criminality or security checks for the second generation born-abroad (may be more of a stretch to argue given we don’t do criminal or security checks on first generation born or adopted abroad).

No new information or insights by the Minister and government members compared to C-71.

My analysis of the previous Bill C-71 opens up a possible never-ending chain of citizenship also featured in their remarks.

Source: Hansard link

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Ukraine Approves Law Allowing Dual And Multiple Citizenship Amid Ongoing War

2025/06/20 Leave a comment

Of note:

Ukraine’s parliament on Wednesday passed legislation permitting dual and multiple citizenships, to address the country’s deepening demographic crisis caused by the prolonged war with Russia. The new law also aims to strengthen connections with Ukraine’s sizeable global diaspora.

Previously, Ukrainian law did not recognise dual or multiple citizenship, meaning that ethnic Ukrainians living outside the country and holding other passports had to renounce their other citizenship if they wanted a Ukrainian passport.

Government officials estimate Ukraine’s diaspora at some 25 million people. They put the current population in Ukraine at 32 million, down sharply from 52 million in 1991 when Ukraine became independent after the collapse of the Soviet Union.

“This decision is an important step to maintain and restore ties with millions of Ukrainians around the world,” Oleksiy Chernyshov, minister for unity, said in a social media post on Facebook after Wednesday’s vote.

The issue of multiple citizenship has become even more pressing since Russia’s invasion in February 2022, exacerbating a demographic decline that had started years before.

Millions Of Ukrainians Fled Due To War

Ukraine saw several large labour migrations in the early 1990s. With the start of the invasion, millions of Ukrainians fled the fighting. With the war now in its fourth year, data shows that more than 5 million Ukrainians live in Europe, while tens of thousands of people have been killed in the conflict.

“Since the situation in Ukraine is unstable, people… do not know whether to return or not…,” said Natalya Kostyk-Ustenko, who fled Kherson in southern Ukraine in June 2022 and lives in Lithuania with her two children.

“Our roots are Ukrainian, we love our country, we support it as best we can. This (move on citizenship) is significant support for us as refugees, we are all scattered around the world,” she said.

Lawmakers said the new law would simplify procedures for children born to Ukrainian parents abroad and also for Ukrainians who obtain other citizenship by marriage.

It will also make it easier to obtain Ukrainian citizenship for foreigners fighting for Ukraine on the frontlines.

The law does not directly ban Russian citizens from obtaining Ukrainian passports but says the government will be able to implement restrictions related to the armed aggression against Ukraine.

Foreigners would have to pass a test to prove their knowledge of the Ukrainian language, history and constitution.

Source: Ukraine Approves Law Allowing Dual And Multiple Citizenship Amid Ongoing War

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Trump “Gold Card” Visa

2025/06/14 Leave a comment

The ongoing brazenness knows no bound, grift, ego and corruption combined in his personally branded website:

President Donald Trump has touted his $5 million “Gold Card” visa as a way to raise trillions of dollars for the U.S. But a new website launching the initiative doesn’t look or feel like a legitimate government site, experts say.

Among the red flags are the URL itself, unexpected links to the Department of Commerce rather than Homeland Security, and no disclaimer regarding usage of personal data. “This is a joke,” says immigration and investing expert Nuri Katz. “[The Trump Administration] is asking very wealthy individuals to trust a one-page website that feels like it was created in five minutes by a teenager in his bedroom.”

And while Trump told his social media followers that the waitlist for the Gold Card was open, it could take years for applications to be processed. Congress has yet to initiate any changes to immigration and tax law that the program would require. 

Link to site: The Trump Card is Coming.

Useful analysis by Boundless: U.S. Gold Card: A New Pathway to American Residency

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Low turnout scuttles Italy referendum on citizenship

2025/06/11 Leave a comment

As expected and arguably planned:

An Italian referendum on granting faster citizenship to certain immigrants and seeking to strengthen labor rights failed because of low turnout, after Italian Prime Minister Giorgia Meloni and leading right-wing political parties urged Italians to boycott the democratic process.

In conceding defeat, Maurizio Landini, the secretary-general of the powerful CGIL trade union federation that helped bring about the referendum, said it still was a “starting point” on important issues that remain “on the table” for Italy. This includes heated debates over how many immigrants should be welcomed to Italy, as the country suffers a demographic crisis with an aging population and one of the lowest birthrates in the world.

As well as asking Italians to vote to liberalize the labor market, the referendum sought to reduce the time it takes to become a naturalized citizen from 10 years to five years. Campaigners for the change said this would help second-generation Italians born in the country to non-European Union citizens. They can spend years, often long into adulthood, battling to get full citizenship rights from the only country they know to be their home.

Italian economists have said the change could also be a useful measure to address the problems resulting from Italy’s aging society and low birthrate — just 12% of the population is younger than 14.

On Sunday and Monday, the two days of referendum voting, turnout was low and thus the referendum was declared void. Partial data from Italy’s Interior Ministry published Sunday showed national turnout of just 22.7%, far below the 50% participation by eligible voters that is required for referendums in Italy to be valid. After polls closed on Monday, the YouTrend polling agency estimated voter participation to have been around 30% of eligible voters. In his concession speech, Landini said it was clear from the results that “there is an obvious crisis of democracy.”

Source: Low turnout scuttles Italy referendum on citizenship

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EU Court Declares Malta’s Investor Citizenship Scheme Illegal – Inward/ Foreign Investment – Malta

2025/06/11 Leave a comment

Overdue:

Key Findings of the Judgment

A. Transactional Nature of the Scheme

The Court found that Malta’s program established a “transactional procedure” whereby nationality was “essentially granted in exchange for predetermined payments or investments.” This approach was deemed fundamentally incompatible with the concept of citizenship as representing a “special relationship of solidarity and good faith between a Member State and its nationals”.

B. Lack of Genuine Link

The Court emphasized that the scheme lacked provisions for establishing a genuine connection between applicants and Malta. The minimal residency requirements and the ability to expedite naturalization through additional payments undermined any serious claim of a real connection.

C. Violation of EU Principles

By operating such a scheme, Malta was found to have violated the principles of sincere cooperation and mutual trust among EU Member States. The Court stated that the scheme jeopardized the mutual trust necessary for the proper functioning of the EU, particularly concerning the recognition of national decisions on citizenship.

Comparative Perspective: Cyprus’s Experience

Cyprus faced similar scrutiny over its investor citizenship program. In response to EU concerns, Cyprus terminated its scheme in November 2020 and subsequently revoked the citizenships of 39 individuals. This proactive approach allowed Cyprus to align with EU expectations and avoid legal proceedings.

Commentary from AGPLAW

The CJEU’s decision underlines the importance of aligning national citizenship laws with EU principles. Cyprus’ experience demonstrates that while the termination of such programs may have short-term economic implications, it also opens avenues for developing alternative investment strategies that comply with EU law. For instance, Cyprus has since focused on enhancing its residency programs and attracting foreign investment through transparent and lawful means.

Malta now faces a critical juncture. By studying the Cypriot model, Malta can explore compliant avenues to attract foreign investment without compromising the integrity of EU citizenship.

Conclusion

The CJEU’s ruling marks a significant development in EU citizenship law, emphasizing that citizenship cannot be commodified. Member States are reminded of their obligations to uphold the principles of sincere cooperation and mutual trust. As the EU continues to explore the complexities of citizenship and investment, this judgment serves as a precedent for ensuring that the acquisition of citizenship remains a process grounded in genuine connection and adherence to EU values.

Source: EU Court Declares Malta’s Investor Citizenship Scheme Illegal – Inward/ Foreign Investment – Malta

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