Zohran Mamdani and Elon Musk have two things in common. They are both naturalized American citizens, and they have both been mentioned as targets of denaturalization by Trump in the past few days. More to the point, the Department of Justice under the auspices of Attorney General Pam Bondi has issued a memorandum as to its civil enforcement that makes denaturalization of American citizens a priority.

The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence. To promote the pursuit of all viable denaturalization cases available under 8 U.S.C. § 1451 and maintain the integrity of the naturalization system while simultaneously ensuring an appropriate allocation of resources, the Civil Division has established the following categories of priorities for denaturalization cases:

1. Cases against individuals who pose a potential danger to national security, including those with a nexus to terrorism, espionage, or the unlawful export from the United States of sensitive goods, technology, or information raising national security concerns;
2. Cases against individuals who engaged in torture, war crimes, or other human rights violations;
3. Cases against individuals who further or furthered the unlawful enterprise of criminal gangs, transnational criminal organizations, and drug cartels;
4. Cases against individuals who committed felonies that were not disclosed during the naturalization process;
5. Cases against individuals who committed human trafficking, sex offenses, or violent crimes;
6. Cases against individuals who engaged in various forms of financial fraud against the United States (including Paycheck Protection Program (“PPP”) loan fraud and Medicaid/Medicare fraud);
7. Cases against individuals who engaged in fraud against private individuals, funds, or corporations;
8. Cases against individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category;
9. Cases referred by a United States Attorney’s Office or in connection with pending criminal charges, if those charges do not fit within one of the other priorities; and 10. Any other cases referred to the Civil Division that the Division determines to be sufficiently important to pursue.

These categories are intended to guide the Civil Division in prioritizing which cases to pursue; however, these categories do not limit the Civil Division from pursuing any particular case, nor are they listed in a particular order of importance. Further, the Civil Division retains the discretion to pursue cases outside of these categories as it determines appropriate.

Most of us wouldn’t lose sleep over terrorists or people committing war crimes, but by number 3, the language gets very squishy, easily including the waiter who served lunch to a gangbanger or the mechanic who fixed his car. By number 5, the tune has been completely lost, and the final paragraph makes clear that there is no limit to whom the DoJ can pursue. Like Mamdani and Musk, for example.

Can this really happen? Would Paramount pay Trump $16 million to settle an absurdly frivolous claim based on a totally lawful and pedestrian 60 Minutes interview? The answer is yes and no, but the time and expense of fighting a frivolous government prosecution means the government wins either way.

The Department of Justice may institute civil proceedings to revoke a person’s United States citizenship if an individual either “illegally procured” naturalization or procured naturalization by “concealment of a material fact or by willful misrepresentation.” 8 U.S.C. § 1451(a).

There are two bases upon which an order of naturalization can be revoked under 8 U.S.C. § 1451(a), both of which bear upon the means of obtaining naturalization, fraud by commission or omission. This not only seems fair, but entirely rational. If you scammed your way into citizenship, then you have no right to the fruit of your offense. Fair enough.

The benefits of civil denaturalization include the government’s ability to revoke the citizenship of individuals who engaged in the commission of war crimes, extrajudicial killings, or other serious human rights abuses; to remove naturalized criminals, gang members, or, indeed, any individuals convicted of crimes who pose an ongoing threat to the United States; and to prevent convicted terrorists from returning to U.S. soil or traveling internationally on a U.S. passport. At a fundamental level, it also supports the overall integrity of the naturalization program by ensuring that those who unlawfully procured citizenship, including those who obtained it through fraud or concealment of material information, do not maintain the benefits of the unlawful procurement.

But then, pursuing civil prosecution of denaturalization for post hoc crimes, or thoughts, or words that hurt Trump’s feelz? As ridiculously unlikely as it seems for people like Mamdani or Musk, who have the public profile and means to fight such an Unamerican action by the DoJ, there remain a great many naturalized citizens who lack the profile and means.

And as us criminal defense lawyers are wont to say, “you can beat the rap, but not the ride.”

Update: Saw this via a link by Paul Horwitz at PrawfsBlawg, and it was just too funny not to share.

“A lot of people are saying he’s here illegally,” Trump said of the 33-year-old democratic socialist.  “We’re going to look at everything. And ideally, he’s going to turn out to be much less than a communist, but right now, he’s a communist.”

Of course “a lot of people are saying,” and every world leader calls him “Sir” and every decision is made in “two weeks.”