Can Trump denaturalize and deport Somali citizens?

Recent news has been dominated by the alleged massive multibillion-dollar fraud in the Somali community in Minneapolis, where businesses were established and those businesses received millions of dollars in grants or aid, but it was just a front or scam.

The Trump administration has vowed to hold those who engaged in this massive fraud accountable. One item being discussed is denaturalizing and deporting anyone found guilty. But is it possible that a US citizen could be denaturalized for having committed a crime? Wasn’t one of the benefits of US citizenship that a US citizen cannot be deported?

The answer is that it could be possible for a US citizen to be denaturalized and deported if they lied on their naturalization application (N-400) by failing to disclose or admit they committed a crime prior to naturalizing. A question on the naturalization application asks, “Have you ever committed, assisted in committing or attempted to commit, a crime or offense for which you were not arrested?” This seems like an odd question, as it basically asks a person to admit to crimes, even if they have not been caught or charged with a crime. But failing to disclose crimes on the naturalization application is a crime, because the person is effectively providing false information, which would justify having their citizenship revoked.

In the case of Somali immigrants, if any are later found guilty of committing a crime while they were still lawful permanent residents but they answered “no” to the question on whether they ever committed a crime for which they were not arrested, then that answer is false. They had committed the crime but lied about it or failed to disclose it. Therefore, this lie or false information on the N-400 would be grounds to denaturalize them.

But Filipinos could also face the prospects of denaturalization if they obtained US citizenship (or their green card) through fraud, such as a person:

• may have been petitioned as single but was actually secretly married and nevertheless proceeded to get a green card.

• may have obtained a green card through employer sponsorship but never worked for that employer.

• entered the US under an assumed name and obtained a green card under that assumed name. When filing for US citizenship, they asked to have their name “changed” to their real name and then may have started petitioning their family.

• may have been ordered deported/removed and either never left the US or snuck back in under a different identity. They then obtained a green card and citizenship under that new identity, without disclosing the previous deportation.

Given the outrage over naturalized citizens defrauding taxpayers of billions of dollars, Trump is seriously considering denaturalization proceedings for those caught lying on their naturalization application. And this policy may be across the board and not directed necessarily at any particular immigrant population. He simply does not want people who committed fraud to be naturalized and if later discovered, they should be denaturalized.

If you are considering applying for US citizenship and you have any issues in the past that may affect your eligibility, you should consult with an attorney who can evaluate your case and help you correctly fill out the application, even questions about committing crimes for which you were not arrested.