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Aviation Pro

(15,761 posts)
Wed Oct 23, 2024, 09:55 AM Oct 2024

Is it possible to strip a certain South African immigrant of his citizenship?

Why yes, yes it is. AG Yates will pursue this in 2025. The bar is high to do so, but committing election interference sure does make it easier.

The Denaturalization Process
During denaturalization proceedings, a naturalized citizen is stripped of their citizenship. This process takes place in federal court. Typically, it will occur in the district court where the defendant last resided. It follows the standard rules of federal civil court cases. It is not treated as an immigration case, although it affects immigration status.

Naturalized citizens found to be in violation of the terms of citizenship must leave the country. Children granted citizenship based on their parent's status may also lose their citizenship as well.

The denaturalization process begins with a formal complaint against the defendant. The defendant may respond to the complaint. They may also defend themselves at trial or hire an immigration attorney. The defendant has 60 days to file an answer to the complaint. In their answer, they could argue:

The government had the wrong information
An expired statute of limitations
The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization. It is a heavier burden of proof than that in most civil cases. But they do not have to prove anything beyond a reasonable doubt, like in criminal cases. If you lose U.S. citizenship, you may face deportation soon after.
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Is it possible to strip a certain South African immigrant of his citizenship? (Original Post) Aviation Pro Oct 2024 OP
From your keyboard to karma's ears! SheltieLover Oct 2024 #1
THIS malaise Oct 2024 #2
Don't get your hopes up. TwilightZone Oct 2024 #3
So the businesses go with him? jimfields33 Oct 2024 #4
It's a pipe dream. TwilightZone Oct 2024 #6
Thank you. jimfields33 Oct 2024 #8
He is a likely candidate for an OD Johonny Oct 2024 #11
Apartheid Clyde is fucking hopped up on that booger sugar and other assorted nose tootery. SoFlaBro Oct 2024 #30
Personally, I'd rather see his government contracts come to an end EYESORE 9001 Oct 2024 #5
Can we at least wait until Musk gets our astronauts back in February. jimfields33 Oct 2024 #9
Oh by all means take care of the astronauts EYESORE 9001 Oct 2024 #13
Possible, but the odds against it approach infinity. MineralMan Oct 2024 #7
I doubt that would ever happen. Also - as much as I can't stand him. I am not in favor of denaturalization tulipsandroses Oct 2024 #10
You can be deported for terrorism and other serious crimes LeftInTX Oct 2024 #25
It needs to happen DemonGoddess Oct 2024 #12
Thiel's Kali999 Oct 2024 #29
Stripping the citizenship of political rivals. Yeah, let's get that shit going. What could go wrong? Iggo Oct 2024 #14
Political rival? Aviation Pro Oct 2024 #15
That crime isnt sufficient for criminal denaturalization. DetroitLegalBeagle Oct 2024 #18
Except with the new powers bestowed upon the President Aviation Pro Oct 2024 #20
No it can't DetroitLegalBeagle Oct 2024 #22
The President according to the sinister six has immunity from crimes committed as part of official duties Aviation Pro Oct 2024 #23
You can be denaturalized for serious crimes LeftInTX Oct 2024 #27
Make it happen. LiberalFighter Oct 2024 #16
You don't mention what violations would trigger densturalization Fiendish Thingy Oct 2024 #17
The chances of that happening are exactly zero. onenote Oct 2024 #19
Should be done. republianmushroom Oct 2024 #21
There has been rumours about his getting citizenship illegally for years. Bev54 Oct 2024 #24
I would rather he quit wasting oxygen. niyad Oct 2024 #26
Make that 2 South Africans awesomerwb1 Oct 2024 #28

TwilightZone

(28,836 posts)
3. Don't get your hopes up.
Wed Oct 23, 2024, 10:00 AM
Oct 2024

The circumstances under which denaturalization is considered are limited and the bar is very high.

If you're assuming that it's a no-brainer because of his $1 million stunt, you're likely going to be disappointed. It's not even in the ballpark of someone like Rupert Murdoch, and there's been very little talk and no action in regards to the latter.

 

jimfields33

(19,382 posts)
4. So the businesses go with him?
Wed Oct 23, 2024, 10:01 AM
Oct 2024

I can’t imagine how he can run the four businesses from South Africa. That needs to be answered or do we want those businesses out of America? Maybe that is what the populous want (Twitter) X, space X, Tesla, and Starlink out of our country. That may make America better without those companies. We can do our own companies.

TwilightZone

(28,836 posts)
6. It's a pipe dream.
Wed Oct 23, 2024, 10:07 AM
Oct 2024

Musk is going nowhere. As I noted in my other response, his little stunt doesn't even register on the scale of someone like Rupert Murdoch, and outside of some occasional grumbling by people who are in no position to do anything about it, there's been zero effort to get rid of the latter.

 

jimfields33

(19,382 posts)
8. Thank you.
Wed Oct 23, 2024, 10:10 AM
Oct 2024

I think it would be an interesting precedent. We can get rid of a lot of republicans if this were to happen. lol.

Johonny

(26,593 posts)
11. He is a likely candidate for an OD
Wed Oct 23, 2024, 10:16 AM
Oct 2024

The dude is high as a kite most of the time. He feels like he is Elvising out.

SoFlaBro

(3,808 posts)
30. Apartheid Clyde is fucking hopped up on that booger sugar and other assorted nose tootery.
Wed Oct 23, 2024, 01:01 PM
Oct 2024

EYESORE 9001

(29,882 posts)
5. Personally, I'd rather see his government contracts come to an end
Wed Oct 23, 2024, 10:05 AM
Oct 2024

Denaturaturalization would then be the cherry on top 🍒

 

jimfields33

(19,382 posts)
9. Can we at least wait until Musk gets our astronauts back in February.
Wed Oct 23, 2024, 10:11 AM
Oct 2024

I’m still floored that NASA doesn’t have the capability to do it.

EYESORE 9001

(29,882 posts)
13. Oh by all means take care of the astronauts
Wed Oct 23, 2024, 10:17 AM
Oct 2024

That doesn’t mean the government should continue doing business with the apartheid baby-man. Find a way to drive him out of influential duties at SpaceX, for example.

tulipsandroses

(8,298 posts)
10. I doubt that would ever happen. Also - as much as I can't stand him. I am not in favor of denaturalization
Wed Oct 23, 2024, 10:15 AM
Oct 2024

Unless there are extreme circumstances - such as treason
If he is guilty of crimes, he should be sent to prison.

LeftInTX

(34,852 posts)
25. You can be deported for terrorism and other serious crimes
Wed Oct 23, 2024, 12:44 PM
Oct 2024

Cartels and some other complex/weird corruption cases have been stripped of citizenship and deported in recent years. (The corruption was some type of international corruption, not run of the mill stuff)

I believe Lucky Luciano had his citizenship stripped. I know they did it to a few Mafia people.

Iggo

(50,050 posts)
14. Stripping the citizenship of political rivals. Yeah, let's get that shit going. What could go wrong?
Wed Oct 23, 2024, 10:20 AM
Oct 2024

DetroitLegalBeagle

(2,527 posts)
18. That crime isnt sufficient for criminal denaturalization.
Wed Oct 23, 2024, 11:31 AM
Oct 2024

In 2017, SCOTUS said in Maslenjak v. United States that only an illegal act that played a role in an individual’s acquisition of U.S. citizenship could lead to criminal denaturalization.

And Civil denaturalization is limited to persons who gained citizenship under some false pretense.

Musk isn't getting denaturalized.

Aviation Pro

(15,761 posts)
20. Except with the new powers bestowed upon the President
Wed Oct 23, 2024, 11:56 AM
Oct 2024

I think a case can be made for official duty.

DetroitLegalBeagle

(2,527 posts)
22. No it can't
Wed Oct 23, 2024, 12:19 PM
Oct 2024

That's not remotely how any of that works. The President does not have new powers. The President simply has immunity from charges, under certain circumstances, for crimes they may have committed. That doesn't mean whatever he or she orders is law or has to be carried out. President Harris could order her AG to file denaturalization charges against Musk. The AG would then refuse because the current law does not allow that. Or the courts toss it for the same reason. That's the end of it. At this point, the President may be immune to any criminal charges that could arise from that order. That's it.

Aviation Pro

(15,761 posts)
23. The President according to the sinister six has immunity from crimes committed as part of official duties
Wed Oct 23, 2024, 12:21 PM
Oct 2024

It hasn't been tested yet and as we've seen all it takes is an equally corrupt set of underlings and court system to carry out an illegal order.

LeftInTX

(34,852 posts)
27. You can be denaturalized for serious crimes
Wed Oct 23, 2024, 12:51 PM
Oct 2024

against the US, such as terrorism, espionage and international corruption.

Fiendish Thingy

(24,055 posts)
17. You don't mention what violations would trigger densturalization
Wed Oct 23, 2024, 11:25 AM
Oct 2024

There must be something specific, like sedition, or treason, and not just any old crime, or Trump would have had Steven Miller denaturalizing liberal immigrants by the thousands.

onenote

(46,227 posts)
19. The chances of that happening are exactly zero.
Wed Oct 23, 2024, 11:40 AM
Oct 2024

As others have noted, the bar for denaturalization is high and nothing that Musk has done or is accused of doing would meet the legal standards for denaturalization, even if they could result in his being charged or convicted of a criminal act with regard to those actions.

Bev54

(13,517 posts)
24. There has been rumours about his getting citizenship illegally for years.
Wed Oct 23, 2024, 12:22 PM
Oct 2024

Instead of investigating he was given government contracts.

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