Proposed Policy on Deporting US Citizens Raises Alarming Legal and Constitutional Questions
- Shan Potts
- Jul 3
- 2 min read
In a recent public appearance at a Florida detention facility, a major political figure suggested that individuals born in the United States who commit violent crimes should be deported. This was not framed as a rhetorical exaggeration. Rather, it was presented as a serious policy idea to “clean up the country.” The proposal would involve deporting US citizens—even those with birthright citizenship—based on criminal convictions.
This idea is not entirely new, but its revival has alarmed legal experts and immigrant communities alike. It signals an escalation in blending immigration enforcement with criminal justice, and a willingness to test the limits of constitutional protections.
Is Deporting US Citizens Legally Unenforceable or a Dangerous Precedent?
Legal scholars have roundly condemned the idea as unconstitutional. Birthright citizenship is guaranteed under the 14th Amendment. Deportation, by law, only applies to non-citizens. Even de-naturalization—stripping citizenship from naturalized individuals—is strictly limited to cases of fraud or deceit during the naturalization process.
The proposal to begin deporting US citizens would, therefore, likely be struck down in any federal court. However, the fact that it is being publicly discussed at the highest levels reveals a deeper intent: to shift the Overton window and reshape public perception of who deserves to remain in the country.
What It Means for Naturalized Immigrants
While deporting US citizens by birth may not be legally possible, naturalized citizens could face new scrutiny. There has already been a surge in denaturalization proceedings targeting individuals accused of misrepresentation—even decades after their naturalization.
Naturalized immigrants should be aware that immigration enforcement is increasingly intersecting with criminal and administrative systems. A simple brush with law enforcement or a misfiled form can now become grounds for life-altering legal battles. The conversation about deporting US citizens is as much about signaling intent as it is about testing legal boundaries.
Shan Potts Law Offices’ Perspective
At Shan Potts Law Offices, we see this development as deeply troubling. The suggestion of deporting US citizens, no matter how implausible, risks eroding public trust in the permanence of citizenship. It also fosters a climate of fear and surveillance, particularly among naturalized individuals and communities of color.
As immigration attorneys, we are preparing to defend the rights of those facing unjust or unconstitutional proceedings. We urge our clients and communities to stay informed, maintain up-to-date legal documentation, and seek immediate counsel if they face any form of enforcement action.
Next Steps: Know Your Rights, Stay Prepared
While no formal policy of deporting US citizens exists yet, the rhetoric surrounding it signals a potentially aggressive legal environment ahead. Here are the steps we recommend:
Naturalized citizens should review their naturalization paperwork for any discrepancies.
US-born individuals with dual citizenship should understand their legal protections.
All immigrants should consult with a qualified attorney if they are contacted by ICE or any federal authority.
Stay connected with local advocacy groups and know-your-rights campaigns.
The legal system remains a strong bulwark against unconstitutional proposals—but awareness and preparedness are now more important than ever.
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