The Trump administration appears to be heading willingly into a sharp confrontation with the courts over the grounds for stripping citizenship — denaturalization. The courts for decades have made the allowable grounds very narrow. Here I address stripping as it has been playing out in the U.S. and cite UK policy as point of comparison.
For a deep dive into denaturalization in the U.S: go here.
The U.S. has been stripping citizenship –“denaturalizing” – at an extremely low rate of about 25 persons annually, virtually all for application fraud. The Trump administration reportedly wants to increase that to 100-200 a month.
Law and the Supreme Court decisions have created a high barrier against denaturalization except for application fraud of a material nature that would have caused naturalization to be denied. And, the Immigration and Naturality Act requires the government to obtain approval from a court, such as a federal district court.
Skip over less ambitious efforts by the first Trump administration to increase denaturalizations – they were less than 100 a year – to this second one. On June 11, 2025 the DoJ issued a memorandum which identified five Civil Enforcement Divisiion priorities. One was denaturalization. The memorandum appears to fly in the face of Supreme Court precedent (noted below). Here is a law firm’s characterization of this section:
“The memorandum announces that “[t]he Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.” It then sets out ten different priority categories for denaturalization, including some (such as “individuals who engaged in fraud”) that could be very broad and conceivably could include individuals with mere misdemeanor convictions. Notably, the memorandum does not indicate that the criminal conduct at issue must have predated naturalization and been undisclosed. The Division therefore might target individuals who committed minor crimes after becoming citizens, where the Division can find some other basis to contend that citizenship was procured unlawfully.”
You cannot strip citizenship due to ideas
The key case is Schneiderman v. United States (1943). William Schneiderman, a Russian immigrant, became a naturalized citizen in 1927. In 1939, the U.S. government sought to revoke his citizenship on the grounds that he was a member of the Communist Party at the time of his naturalization. The government argued his citizenship was “illegally procured” because a Communist could not, by definition, be “attached to the principles of the Constitution.” The Supreme Court ruled 5–3 in favor of Schneiderman, reversing the lower courts’ decisions.
The five judge majority wrote that “Citizenship is a priceless possession… once conferred should not be taken away without the clearest sort of justification and proof… the evidence must be clear, unequivocal, and convincing, and not leave the issue in doubt.”
“In view of our tradition of freedom of thought, it is not to be presumed that Congress… intended to offer naturalization only to those whose political views coincide with those considered best by the founders in 1787 or by the majority in this [era].”
The Court ruled that even if the Communist Party advocated for revolution, it did not prove that Schneiderman himself intended to use violence: “Under our traditions, beliefs are personal and not a matter of mere association, and that men adhering to a political party or other organization notoriously do not subscribe unqualifiedly to all of its platforms or asserted principles.”
And, “In its consequences it is more serious than a taking of one’s property, or the imposition of a fine or other penalty… it is safe to assert that nowhere in the world today is the right of citizenship of greater worth to an individual than it is in this country.”
Criminal acts as a citizen are not grounds
A case involving stripping due criminal acts fraud is Trop v. Dulles, heard by the Supreme Court in 1958. The Court overturned a provision in the Nationality Act of 1940 that mandated that anyone convicted of wartime desertion and dishonorably discharged automatically lost their citizenship.
Albert Trop was a native-born American serving in the Army in 1944. He escaped from a military stockade for less than 24 hours, willingly surrendered the next day. He was convicted by a court-martial, dishonorably discharged, and served several years in prison.
In 1952, when Trop applied for a passport, the State Department told him he was no longer a citizen. The Nationality Act of 1940 mandated that anyone convicted of wartime desertion and dishonorably discharged automatically lost their citizenship.
The Supreme Court ruled 5-4 that stripping citizenship as a punishment for a crime – of any kind — was unconstitutional. Chief Justice Earl Warren wrote that denationalization is a “form of punishment more primitive than torture” because it results in the “total destruction of the individual’s status in organized society.” He famously stated that the 8th Amendment must draw its meaning from the “evolving standards of decency that mark the progress of a maturing society.”
The United Kingdom
The UK has been stripping citizenship in recent years at a much higher rate as percentage of persons naturalized than the U.S. In contrast to the U.S. the UK can strip citizenship not just for application fraud but also on the ground of the “public good,” or (citing other law) the citizen acted in a way that was “seriously prejudicial” to UK interests.
Since 2010 about 100 cases a year have been done, most for fraud in applying for citizenship. A minority have been justified as “being for conducive to the Public Good.” Many of these are for involvement with ISIS. The reason typically involves association with a terrorist organization.
One such act involves Shamima Begum, who left London for Syria at age 15. Within ten days of arriving in Raqqa in 2015, she married Yago Riedijk, a Dutch ISIS fighter. She gave birth to three children during her time in Syria. All three children died in infancy from illness or malnutrition. She is known to have participated in ISIS programs.
By virtue of a reporter finding her in camp in 2019, the UK government learned about her case. In 2019, the Home Office stripped her citizenship on national security grounds, arguing the move was “conducive to the public good” due to her alignment with ISIS. She sued to have the decision voided. The UK Supreme Court refused to hear her appeal in August 2024.
Her lawyers argue the decision left her stateless – the UK cannot strip citizenship if that leaves a person stateless. The UK government maintains she is eligible for Bangladeshi citizenship through her heritage. (Bangladesh has refused to grant her citizenship.) Her case is currently being reviewed by the European Court of Human Rights, which is examining whether the UK failed in its duties to her as a potential victim of trafficking. She lives in the al-Roj detention camp in Northern Syria.
The Home Office cited Section 40(2) of the British Nationality Act 1981 as its legal authority. This statute allows the Home Secretary to strip a person’s citizenship if they are satisfied that doing so is “conducive to the public good.” In national security cases, this is usually interpreted as removing someone who poses a threat to the country, such as those aligned with terrorist organizations.