Denaturalization goes through civil courts and requires only “Clear and convincing evidence” which is a lower standard than “Beyond reasonable doubt”
Excerpt from https://en.wikipedia.org/wiki/United_States_nationality_law#Loss_of_nationality
The process of denaturalization is a legal procedure which results in nullifying nationality. Based upon the 1943 Supreme Court decision of Schneiderman v. United States, clear and convincing evidence must be evaluated in processing a denaturalization action. United States Attorneys for the district in which a defendant resides bring suit in the jurisdiction’s Federal District Court. Juries are typically not present and the defendant may be compelled to testify. Failure to testify may result in a presumption of guilt, though defendants can plead against self-incrimination. The standard of proof is not reasonable doubt, but rather clear, convincing, and unequivocal evidence. Decisions may be appealed in federal appellate courts and the Supreme Court. Once the legal process has concluded, the Department of State issues a Certificate of Loss of Nationality.
Standards of Proof in the US: https://en.wikipedia.org/wiki/Burden_of_proof_(law)#Clear_and_convincing_evidence
Excerpt:
Clear and convincing proof means that the evidence presented by a party during the trial must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality. In this standard, a greater degree of believability must be met than the common standard of proof in civil actions (i.e. preponderance of the evidence), which only requires that the facts as a threshold be more likely than not to prove the issue for which they are asserted.
Why YSK: If you are a naturalized US citizen, you might want to reconsider if you want to protest and ending up being another Mahmoud Khalil. (Not saying to not protest, just informing you of the risks so you can decide for youself if its worth it or not).
And if you aren’t a naturalized US citizen; Why YSK: So you understand that the risks of protesting is higher than the risks of natural-born US Citizens protesting, so I hope you don’t judge them too harshly for not protesting.
Worth noting that it’s against international law to leave a person stateless.
I find it charming when people cite “international law” as if it’s really a thing.
Our species is really stuck on the idea that “somebody will do something” and it’s just a matter of evidence or a strong enough case.
Sorry, nobody is coming, international law exists only as a wink and a nod between players who want to get something out of each other.
Laws are threats by those with power to enforce them. The UN will not threaten the US under any circumstance in any meaningful way. So for them to decide something is illegal is meaningless and, quite literally, of no consequence.
Umm what is the international police going to come and arrest trump? Do you actually think anyone in this government gives a shit about international law?
Except that countries like Canada has laws that makes it possible to happen
I would be curious to read a reference to that… not that any country cares just they history on how they agreed on something like that
Lol.
Is the US administration aware that there are international laws? And if so does it care? It doesn’t seem to care much about the local ones.
I wonder if the Trump administration would follow international law seeing how they’re openly defying court rules.
America and Americans broadly do not respect “international law” as an idea. We don’t vote for representatives in a UN House of Reps or UN Senate. And if we did why would we wish to be beholden to a majority rules vote when that majority combined might be inferior militarily.
America tolerates international law when it doesn’t interfere with our course.
The idea of a “one world government” is treated as a fringe tin hat conspiracy theory nonsense that no one is advocating for.
There’s certainly no guarantee.
What law? Nobody cares about any international “laws” unless they can benefit from them and enforce them in some way.
What law - Trump
The US is one of the only countries on earth where you have to pay ~3’000 USD in fees to lose the citizenship. Ridiculous.
It’s way worse than that; You have to pay income tax on your entire net worth when you renounce your citizenship. Basically, they say that when you renounce your citizenship, all of your assets are considered “sold” so you need to pay tax on it. The US also requires you to keep paying income taxes for a decade after you have renounced your citizenship. There was a big push around the 2008 crash, where congress became concerned that people would renounce their citizenship to dodge taxes. So they started making laws that required taxes to be paid even after expatriating.
Imagine moving to Germany and renouncing your citizenship, and you’re still paying income tax in America, for the income you made while in Germany.
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Wait, do they actually pursue people in that situation? Would someone need to move to a country with no extradition treaty if they didn’t want to pay taxes to a country they are no longer a citizen of? Man, that’s fucked.
They’d just wait for you to inevitably come back to the states to visit; Regardless of your personal feelings on nationality, everyone has parents who will get old and sick eventually, and chances are very good that you’ll come back to visit them or to settle their estate afterwards.
🤣
Or just move to some EU country and just refuse to pay your US taxes, what are they gonna do, arrest you? 😉
Coincidentally the US is also one of the few countries that taxes its citizens who live abroad. So they get double taxed. Both by the US govt and the country they live in.
Or just move to some EU country and just refuse to pay your US taxes, what are they gonna do, arrest you? 😉
Most American citizens have family (like their parents) in the country. If they don’t pay taxes they would be arrested when visiting the US to see their parents on their deathbeds. Or situations like that. Not great.
Technically, it’s not true double taxation, as you can deduct the taxes you paid in your host country from your American income tax.
It’s still shitty, but you ultimately only wind up paying the greater amount of the two tax rates.
Tax treaties exist between the US and many countries, primarily in Western Europe, to reduce double taxation.
And the US has a spotless record when it comes to honoring treaties right? Right?
But even if you pay the tax to renounce citizenship, you could still get detained by ICE anyways, so what’s the point. Just burn the bridge and never visit the US again.
To be fair: Beyond reasonable doubt is the highest certainty.
It is probably impossible to achieve that for some of the things you might justifiably deport someone.
The clear and convincing proof part is also plainly ignored, so that’s not the issue. The issue is a government that will execute its agenda no matter the law. You cannot stop that within the law as it is void.
You should probably include the actual grounds for denaturalization in your post, not just the standard of proof:
the Nationality Act retained as possible causes of denaturalization, treason, sedition, or conspiring against the United States; employment as an official with policy-making authority of a foreign government; and voluntary renunciation…Fraud, committed in conjunction with an application for naturalization can also make nationality voidable.
Then both Trump and Musk should lose their citizenship?
Reasonable doubt applies to criminal law. Civil law only requires the preponderance of evidence.
The fun part is that the supreme Court never actually defined the difference of either so they’re fundamentally subjective
It still requires due process.
How do people like this still exist? Have you not been paying attention??
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The president appoints judges.
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Judges can steer the direction of a court proceeding, even in a jury trial.
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Denaturalization proceedings do not have juries, so the Judge is the sole decider of the law and of the facts. If you get unlucky and get a trump apointee… yea good luck.
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Even if you win, the government will appeal, and we already know what the Supreme Court looks like.
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Well, so does/did deporting soccer tattoo guy. But, look where we’re at now.
