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Denaturalization

  

Category:  Op/Ed

By:  vic-eldred  •  11 months ago  •  57 comments

Denaturalization
"We will pursue denaturalization proceedings for those individuals lying or misrepresenting themselves during the naturalization process," the spokesperson said.

Link to quote: Trump administration seeks to ramp up denaturalization of some US citizens, New York Times reports


The President is now considering denaturalizing those who acquired citizenship through fraudulent means. According to the law, he has every right to do it. Federal law says that individuals can lose that status if they committed fraud while applying for citizenship.

8 U.S. Code § 1324c - Penalties for document fraud


(a) Activities prohibited It is unlawful for any person or entity knowingly—
(1)
to forge, counterfeit, alter, or  falsely make  any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter,


(2)
to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this chapter or to obtain a benefit under this chapter,


(3)
to use or attempt to use or to provide or attempt to provide any document lawfully issued to or with respect to a person other than the possessor (including a deceased individual) for the purpose of satisfying a requirement of this chapter or obtaining a benefit under this chapter,


(4)
to accept or receive or to provide any document lawfully issued to or with respect to a person other than the possessor (including a deceased individual) for the purpose of complying with  section 1324a(b) of this title  or obtaining a benefit under this chapter, or


(5)
to prepare, file, or assist another in preparing or filing, any application for benefits under this chapter, or any document required under this chapter, or any document submitted in connection with such application or document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted, or


(6)
(A)
to present before boarding a common carrier for the purpose of coming to the  United States  a document which relates to the  alien’ s eligibility to enter the  United States , and (B) to fail to present such document to an  immigration officer  upon arrival at a  United States  port of entry.




(b) Exception

This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the  United States , a  State,  or a subdivision of a  State,  or of an intelligence agency of the  United States , or any activity authorized under chapter 224 of title 18.



(c) Construction

Nothing in this section shall be construed to diminish or qualify any of the penalties available for activities prohibited by this section but proscribed as well in title 18.



(d) Enforcement
(1) Authority in investigations In conducting investigations and hearings under this subsection—
(A)
immigration officers  and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated,


(B)
administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing, and


(C)
immigration officers  designated by the  Commissioner  may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2).


In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the  Attorney General , an appropriate district court of the  United States  may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.


(2) Hearing
(A) In general

Before imposing an order described in paragraph (3) against a person or entity under this subsection for a violation of subsection (a), the  Attorney General  shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the  Attorney General ) of the date of the notice, a hearing respecting the violation.



(B) Conduct of hearing

Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of  section 554 of title 5 . The hearing shall be held at the nearest practicable place to the place where the person or entity resides or of the place where the alleged violation occurred. If no hearing is so requested, the  Attorney General’ s imposition of the order shall constitute a final and unappealable order.



(C) Issuance of orders

If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection (a), the administrative law judge shall  state  his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (3).




(3) Cease and desist order with civil money penalty With respect to a violation of subsection (a), the order under this subsection shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of—
(A)
not less than $250 and not more than $2,000 for each document that is the subject of a violation under subsection (a), or


(B)
in the case of a person or entity previously subject to an order under this paragraph, not less than $2,000 and not more than $5,000 for each document that is the subject of a violation under subsection (a).


In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.


(4) Administrative appellate review

The decision and order of an administrative law judge shall become the final agency decision and order of the  Attorney General  unless either (A) within 30 days, an official delegated by regulation to exercise review authority over the decision and order modifies or vacates the decision and order, or (B) within 30 days of the date of such a modification or vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the  Attorney General  pursuant to regulations, in which case the decision and order of the  Attorney General  shall become the final agency decision and order under this subsection.



(5) Judicial review

A person or entity adversely affected by a final order under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.



(6) Enforcement of orders

If a person or entity fails to comply with a final order issued under this section against the person or entity, the  Attorney General  shall file a suit to seek compliance with the order in any appropriate district court of the  United States.  In any such suit, the validity and appropriateness of the final order shall not be subject to review.



(7) Waiver by Attorney General

The  Attorney General  may waive the penalties imposed by this section with respect to an  alien  who knowingly violates subsection (a)(6) if the  alien  is granted asylum under  section 1158 of this title  or withholding of removal under  section 1231(b)(3) of this title .




(e) Criminal penalties for failure to disclose role as document preparer
(1)
Whoever, in any matter within the jurisdiction of the  Service , knowingly and willfully fails to disclose, conceals, or covers up the fact that they have, on behalf of any person and for a fee or other remuneration, prepared or assisted in preparing an application which was falsely made (as defined in subsection (f)) for immigration benefits, shall be fined in accordance with title 18, imprisoned for not more than 5 years, or both, and prohibited from preparing or assisting in preparing, whether or not for a fee or other remuneration, any other such application.


(2)
Whoever, having been convicted of a violation of paragraph (1), knowingly and willfully prepares or assists in preparing an application for immigration benefits pursuant to this chapter, or the regulations promulgated thereunder, whether or not for a fee or other remuneration and regardless of whether in any matter within the jurisdiction of the  Service , shall be fined in accordance with title 18, imprisoned for not more than 15 years, or both, and prohibited from preparing or assisting in preparing any other such application.



(f) Falsely make

For purposes of this section, the term “ falsely make ” means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to  state  a fact which is material to the purpose for which it was submitted.




8 U.S. Code § 1324c - Penalties for document fraud | U.S. Code | US Law | LII / Legal Information Institute

The Trump administration is taking a close look at citizenship fraud. 

The statute of limitations may protect people like Ilhan Omar, but everyone else should take notice.


Tags

jrDiscussion - desc
[]
 
Vic Eldred
Professor Principal
1  author  Vic Eldred    11 months ago

"A USCIS spokesperson said it was not a secret that the agency's "war on fraud" prioritized people who unlawfully obtained U.S. citizenship, particularly under the previous administration."

Trump administration seeks to ramp up denaturalization of some US citizens, New York Times reports

 
 
 
Dismayed Patriot
Professor Quiet
1.1  Dismayed Patriot  replied to  Vic Eldred @1    11 months ago

[deleted] [✘] The end to this administration and the removal of every single MAGAite from power cannot come soon enough. I would vote to have Trump and anyone who attacked security on January 6th have their citizenship revoked and have them sent to some prison in Honduras before I would worry that some immigrant made a misstatement on their application for citizenship.

[deleted][✘]

 
 
 
Hallux
Professor Principal
1.2  Hallux  replied to  Vic Eldred @1    11 months ago
particularly under the previous administration.

BDS lives!

 
 
 
MrFrost
Professor Guide
1.3  MrFrost  replied to  Vic Eldred @1    11 months ago

So you endorse deporting the first lady?

 
 
 
devangelical
Professor Principal
1.3.1  devangelical  replied to  MrFrost @1.3    11 months ago

melania over-stayed her tourist visa and worked as a model in NYC, and then as a hand model on the lolita express ...

 
 
 
devangelical
Professor Principal
2  devangelical    11 months ago
"We will pursue denaturalization proceedings for those individuals lying or misrepresenting themselves during the naturalization process"

poor melania, looks like it's back to cleaning carpets on videos made in eastern europe ...

 
 
 
Trout Giggles
Professor Principal
2.1  Trout Giggles  replied to  devangelical @2    11 months ago

that's fer shure

 
 
 
Vic Eldred
Professor Principal
2.2  author  Vic Eldred  replied to  devangelical @2    11 months ago

Whatever happened to managements "new rule" on negative jokes regarding women?

I suppose that only pertained to Kamala.

 
 
 
devangelical
Professor Principal
2.2.1  devangelical  replied to  Vic Eldred @2.2    11 months ago

gee, maybe another meta article concerning your continuous misunderstanding of the rules here is in order.

 
 
 
Vic Eldred
Professor Principal
2.2.2  author  Vic Eldred  replied to  devangelical @2.2.1    11 months ago

What fucking rules?

 
 
 
devangelical
Professor Principal
2.2.3  devangelical  replied to  Vic Eldred @2.2.2    11 months ago

... the rules some fucking morons can't seem to comprehend.

 
 
 
Split Personality
Professor Participates
2.2.4  Split Personality  replied to  Vic Eldred @2.2    11 months ago
I suppose that only pertained to Kamala.

Anything pertaining to Kamala would be old by now, would it not?

That being said the First Lady was a model, Kamala was not.

If you have girl on girl black and white "art work" by the former Vice President please share it.

Same for the scantily clad private Trump airline interior pics with gold plated guns taken while he was still married to Maples.

Not really an issue since he was still married to Ivanna when he started dating Marla.

Whatever names people call Marla or Melania, or Donald, I am pretty sure they all earned them.

 
 
 
Vic Eldred
Professor Principal
2.2.5  author  Vic Eldred  replied to  Split Personality @2.2.4    11 months ago
Anything pertaining to Kamala would be old by now, would it not?

No, she is considering another run.

GWE8f_maUAAw-NG?format=jpg&name=small

The point, of course, is the hypocrisy of a rule that protects democrats and not Republicans.

 
 
 
devangelical
Professor Principal
2.2.6  devangelical  replied to  Vic Eldred @2.2.5    11 months ago
the hypocrisy of a rule that protects democrats and not Republicans

the constitution seems to be filled with them nowadays ...

 
 
 
Split Personality
Professor Participates
2.2.7  Split Personality  replied to  Vic Eldred @2.2.5    11 months ago

People consider things all the time and never follow through. Sometimes they make very public announcements and still fail to follow through.

Some might say that is hypocrisy,

you know, stones and glass houses and similar metaphors.

The point, of course, is the hypocrisy of a rule that protects democrats and not Republicans.

I would note that every time someone tries to publish the more questionable photos of Melania, they are filtered or removed altogether by management.

You have yet to provide similar pics of Ms.Harris so your complaint is just another example of confirmation bias.

 
 
 
devangelical
Professor Principal
2.2.8  devangelical  replied to  Split Personality @2.2.7    11 months ago
Sometimes they make very public announcements and still fail to follow through

... 

 
 
 
Split Personality
Professor Participates
2.2.9  Split Personality  replied to  devangelical @2.2.8    11 months ago

Did you need the glasses to get the point? 

jrSmiley_82_smiley_image.gif

 
 
 
bugsy
Professor Participates
2.2.11  bugsy  replied to  Split Personality @2.2.10    11 months ago

[deleted]

I [✘] think the consensus is if you write US Constitution or when referring to the US Constitution, it should be capitalized.

If referring to a general constitution, it doesn't have to.

I'm going to leave it at that.

 
 
 
devangelical
Professor Principal
2.2.12  devangelical  replied to  Split Personality @2.2.9    11 months ago
Did you need the glasses to get the point?

not for humor like that ...

 
 
 
devangelical
Professor Principal
2.2.13  devangelical  replied to  Split Personality @2.2.10    11 months ago

I capitalize what I feel like, despite the hilariously stereotypical grammar and spelling errors of others ...

 
 
 
Igknorantzruls
Junior Quiet
2.2.14  Igknorantzruls  replied to  devangelical @2.2.13    11 months ago

hey, weight a minute.....

 
 
 
devangelical
Professor Principal
2.2.15  devangelical  replied to  Igknorantzruls @2.2.14    11 months ago

puns and parody are exempt ...

 
 
 
Split Personality
Professor Participates
2.2.16  Split Personality  replied to  bugsy @2.2.11    11 months ago
think the consensus is if you write US Constitution or when referring to the US Constitution, it should be capitalized.

Agreed, as for your opinion that people who don't capitalize the word, hate the document, that is quite a stretch.

So, I guess it's my turn to leave it at that.

 
 
 
Jeremy Retired in NC
Professor Guide
3  Jeremy Retired in NC    11 months ago
The statute of limitations may protect people like Ilhan Omar, but everyone else should take notice.

It should cost her the seat she is filling.

 
 
 
devangelical
Professor Principal
3.1  devangelical  replied to  Jeremy Retired in NC @3    11 months ago

... your opinion, here's mine ...

your non-defense of the constitution should cost you your citizenship and benefits ...

 
 
 
Trout Giggles
Professor Principal
3.1.1  Trout Giggles  replied to  devangelical @3.1    11 months ago

that's harsh

 
 
 
devangelical
Professor Principal
3.1.2  devangelical  replied to  Trout Giggles @3.1.1    11 months ago

[✘]

 
 
 
Trout Giggles
Professor Principal
3.1.3  Trout Giggles  replied to  devangelical @3.1.2    11 months ago

Or just didn't care

 
 
 
bugsy
Professor Participates
3.1.4  bugsy  replied to  devangelical @3.1    11 months ago

Anyone who spells "Constitution" with a small c shows how much they hate the document

 
 
 
Split Personality
Professor Participates
3.1.5  Split Personality  replied to  bugsy @3.1.4    11 months ago
Anyone who spells "Constitution" with a small c shows how much they hate the document

What a nonsensical comment Chief.  Is there a law about that or are you just a spelling tyrant now?

The USA has two constitutions, the Bill of Rights and the Constitution of the USA.

Each of the states and territories have a constitution.

194 other countries have constitutions despite different forms of government, even dictatorships have constitutions.

You are on a social media website that you seem to think is strictly for you to insult different users over political differences.

Whatever, pointing out spelling errors and casting judgement says a lot more about you than any imagined enemy on NT that you feel the constant need to try to insult.

have a great Friday Master Chief and thank you once again for your twenty years of service.

 
 
 
Jeremy Retired in NC
Professor Guide
3.1.6  Jeremy Retired in NC  replied to  devangelical @3.1    11 months ago

[✘]

 
 
 
devangelical
Professor Principal
3.1.7  devangelical  replied to  Jeremy Retired in NC @3.1.6    11 months ago

[✘]

 
 
 
bugsy
Professor Participates
3.1.8  bugsy  replied to  Split Personality @3.1.5    11 months ago

[deletes][✘]

 
 
 
bugsy
Professor Participates
3.1.9  bugsy  replied to  Split Personality @3.1.5    11 months ago

‘You are on a social media website that you seem to think is strictly for you to insult different users over political differences’

Wow!!!!!

It would be nice if you directed this same post to most here in the left.

But more than that… thank you for the compliment of my service.

 
 
 
Sean Treacy
Professor Principal
3.2  Sean Treacy  replied to  Jeremy Retired in NC @3    11 months ago

Probably shouldn't have married her brother.

 
 
 
Jeremy Retired in NC
Professor Guide
3.2.1  Jeremy Retired in NC  replied to  Sean Treacy @3.2    11 months ago

Well, inbreeding is rumored to be kind of a thing in her home country.

 
 
 
devangelical
Professor Principal
3.2.2  devangelical  replied to  Jeremy Retired in NC @3.2.1    11 months ago
inbreeding is rumored to be kind of a thing in her home country

it sounds like she'd be right at home in the south then ...

 
 
 
Jeremy Retired in NC
Professor Guide
3.2.3  Jeremy Retired in NC  replied to  devangelical @3.2.2    11 months ago

That is where the Democrats took the stand to hold their slaves...

 
 
 
Hal A. Lujah
Professor Participates
3.2.4  Hal A. Lujah  replied to  Sean Treacy @3.2    11 months ago

You probably shouldn’t have married your sister.  See how easy it is to make shit up?

 
 
 
Tacos!
Professor Guide
3.2.5  Tacos!  replied to  Jeremy Retired in NC @3.2.1    11 months ago
inbreeding is rumored to be kind of a thing in her home country.

You misspelled “MAGA country.”

 
 
 
Jeremy Retired in NC
Professor Guide
3.2.7  Jeremy Retired in NC  replied to  Tacos! @3.2.5    11 months ago

I didn't misspell anything.  Factually it's correct.

 
 
 
Dismayed Patriot
Professor Quiet
3.2.8  Dismayed Patriot  replied to  Jeremy Retired in NC @3.2.7    11 months ago
Factually it's correct.

It's also correct about MAGA country. The South and Muslim countries have so many things in common. Inbreeding rumored to be kind of a thing, religious conservatives running the place, religious laws like not being able to buy alcohol in some counties or on Sundays. They also worship the same God, the God of Abraham, Isaac and Ishmael. All factually correct.

 
 
 
Nerm_L
Professor Expert
4  Nerm_L    11 months ago

How many people are we talking about here?  Hundreds?  Thousands?  It certainly won't be millions.  Yeah, this is something that needs to be addressed and corrected.  But it's not headline news.

Immigration fraud isn't any worse than fat cat banker fraud.  The multinational corporations selling out the US is a much bigger problem.  Why should we be impressed that Trump is blowing smoke from a tiny backyard campfire?

 
 
 
Hallux
Professor Principal
4.1  Hallux  replied to  Nerm_L @4    11 months ago
Why should we be impressed that Trump is blowing smoke from a tiny backyard campfire?
Ecureuil du jour ... Squirrel of the day.

 
 
 
Jack_TX
Professor Quiet
4.2  Jack_TX  replied to  Nerm_L @4    11 months ago
How many people are we talking about here?  Hundreds?

Maybe. I'd be very surprised if it was more than that.

It's too easy to immigrate illegally with no paperwork, and too risky to file paperwork that may be found out as fraudulent.

 
 
 
Tacos!
Professor Guide
4.3  Tacos!  replied to  Nerm_L @4    11 months ago
Yeah, this is something that needs to be addressed and corrected.

Immigration fraud is not the point. The point is scapegoating “the other” so as to rally supporters against a common “enemy.” 

 
 
 
Sean Treacy
Professor Principal
4.3.1  Sean Treacy  replied to  Tacos! @4.3    11 months ago
Immigration fraud is not the point.

Should laws apply to immigrants who commit fraud or not?

 
 
 
Nerm_L
Professor Expert
4.3.2  Nerm_L  replied to  Tacos! @4.3    11 months ago
Immigration fraud is not the point. The point is scapegoating “the other” so as to rally supporters against a common “enemy.” 

Scapegoat who?  The immigrants did not vet themselves.  Someone had to set the policy that allowed fraud.  So, who is responsible?

 
 
 
Tacos!
Professor Guide
4.3.3  Tacos!  replied to  Sean Treacy @4.3.1    11 months ago

Alleged fraud

 
 
 
Tacos!
Professor Guide
4.3.4  Tacos!  replied to  Nerm_L @4.3.2    11 months ago

Alleged fraud

 
 
 
MrFrost
Professor Guide
4.3.5  MrFrost  replied to  Sean Treacy @4.3.1    11 months ago

Should laws apply to immigrants who commit fraud or not?

Good question.... Malaria trump was here on a visa that did NOT allow her to work....yet she did. So should she be sent packing?

 
 
 
Dismayed Patriot
Professor Quiet
4.3.6  Dismayed Patriot  replied to  Sean Treacy @4.3.1    11 months ago
Should laws apply to immigrants who commit fraud or not?

They should and they do. We already have a process for review of immigrants who have already naturalized. And of course, it's a very small number that are found fraudulent in comparison to the number of legal immigrants who have nothing to hide and did everything right. That's why this is clearly just an exercise in conservatives scapegoating the tiny handful of fraudulent immigrants to paint the large swath of legal immigrants as undesirable because the conservatives just don't want any of them here. I don't think anyone is blind to the fact that MANY rightwing conservatives are proud bigots who stupidly imagine their 'white culture' is being threatened. Why should we let those tired morons decide who is and isn't welcome in our country? I have no problem getting rid of those who are using fraud to get here, but the blatant xenophobic hysterics of conservatives is beyond embarrassing for our nation. Sadly, those xenophobes embarrassing the nation have no shame and an equal amount of intelligence.

 
 
 
bugsy
Professor Participates
5  bugsy    11 months ago

On a side note, I see Nikki Minaj spoke at TPUSA's Amfest today, praising Trump and his administration.

I am curious.

Can someone here give us a heads up on what demeaning names she will be called by the left now, ESPECIALLY since she is a black woman?

 
 
 
Gsquared
Professor Expert
5.1  Gsquared  replied to  bugsy @5    11 months ago

You must hate the derogatory photo and demeaning name your fellow right winger posted at Comment 2.2.5 (above) about a black woman who was Vice-President of the United States.  I'm certain you have denounced it vehemently somewhere, right?  I looked and looked and looked and don't see where you did that, and we know you're not a hypocrite.

 
 
 
bugsy
Professor Participates
5.1.1  bugsy  replied to  Gsquared @5.1    11 months ago
ou must hate the derogatory photo and demeaning name your fellow right winger posted at Comment 2.2.5 (above) about a black woman who was Vice-President of the United States.

I would if the picture had something to do with her race, but since it does not, there is nothing wrong with it. 

Not everyone sees race in everything. 

A good lawyer would say this is free speech, just as the inevitable derogatory racist comments that will be thrown at Minaj. 

 
 
 
Gsquared
Professor Expert
5.1.2  Gsquared  replied to  bugsy @5.1.1    11 months ago

Who said you and your friend don't have the right to say or post any obnoxious thing you want?  The right wingers on here take advantage of their freedom to do so often, as your group's comments regularly show.

the inevitable derogatory racist comments

That's a right wing specialty.

 
 

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