General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs 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.
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.
SheltieLover
(81,706 posts)malaise
(297,921 posts)Rec
TwilightZone
(28,836 posts)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)I cant 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)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)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)The dude is high as a kite most of the time. He feels like he is Elvising out.
SoFlaBro
(3,808 posts)EYESORE 9001
(29,882 posts)Denaturaturalization would then be the cherry on top 🍒
jimfields33
(19,382 posts)Im still floored that NASA doesnt have the capability to do it.
EYESORE 9001
(29,882 posts)That doesnt 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.
MineralMan
(151,540 posts)tulipsandroses
(8,298 posts)Unless there are extreme circumstances - such as treason
If he is guilty of crimes, he should be sent to prison.
LeftInTX
(34,852 posts)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.
DemonGoddess
(5,127 posts)both with Musk AND Thiel
Kali999
(289 posts)5 billion IRA should be confiscated. As he's not paying tax on 5 billion dollars
Iggo
(50,050 posts)Aviation Pro
(15,761 posts)How about criminal committing a crime against the United States?
DetroitLegalBeagle
(2,527 posts)In 2017, SCOTUS said in Maslenjak v. United States that only an illegal act that played a role in an individuals 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)I think a case can be made for official duty.
DetroitLegalBeagle
(2,527 posts)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)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)against the US, such as terrorism, espionage and international corruption.
LiberalFighter
(53,544 posts)Fiendish Thingy
(24,055 posts)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)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.
republianmushroom
(22,692 posts)Bev54
(13,517 posts)Instead of investigating he was given government contracts.
niyad
(134,023 posts)awesomerwb1
(5,150 posts)EM and Peter T
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