Miami Denaturalization Case Bodes Well for National Security

By Bill West

A report in the Miami Herald from March 8 notes a case that is a step closer to becoming a Federal legal precedent...wherein the issue of "Good Moral Character" (GMC) and lack thereof in the naturalization process is reinforced as a solid basis for revoking naturalization. Ironically, the concept and importance of Good Moral Character in recent immigration history has managed to become minimized. This case reverses that trend 180 degrees.

The case involves Lionel Jean-Baptiste, a Haitian-American who became a naturalized US citizen but was convicted of a drug crime after his naturalization for the offense that occurred before the naturalization. His citizenship was revoked based upon the US District Court finding in favor of the US Government, which contended that Jean-Baptiste was involved in criminal activity (drug trafficking) in the time before he became a US citizen and therefore was a person who lacked Good Moral Character and was ineligible for naturalization.

The Government�s case, which the District Court held and which the 11th Circuit just affirmed, was that Jean-Baptiste�s lack of GMC before his naturalization was sufficient grounds to strip him of US citizenship. Jean-Baptiste appealed to the 11th Circuit Court of Appeals in Atlanta, which just refused to hold a full �en banc� hearing in the case. Jean-Baptiste�s attorney now says he will appeal to the US Supreme Court.

Assuming the Supreme Court refuses to hear the case (my prediction) or it does and the Government prevails, it will be easier for the Government to proceed in similar cases wherein the naturalization applicant misrepresented or otherwise lacked GMC in the process and the USG discovers that fact after the naturalization occurs. This is a potentially very important factor in cases involving naturalized citizens who engaged in war crimes/human rights persecution, terrorism, terrorism support activities or other national security threat activities such as espionage - before they naturalized - and now the Government learns of those activities.

An interesting additional element in the 11th Circuit�s decision is the finding that a District Court has no discretion in not ordering the revocation of citizenship once it finds that naturalization was procured unlawfully. This is another potentially powerful legal tool, and should be additional incentive for Federal prosecutors to pursue such cases when the evidence is developed. And, it should be noted that once a naturalized citizen is stripped of their citizenship, they revert to their previous immigration status, which is usually that of a legal permanent resident alien. However, often the very same basis for naturalization revocation can be the basis for removal (deportation) proceedings once the person is again an alien. So, in these matters, the justification for the investigative and prosecution effort, especially in national security cases wherein perhaps other criminal charges are not viable, should be apparent.

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