Supreme Court Sets Higher Bar For Revoking U.S. Citizenship

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Publish Date:
June 22, 2017
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National Public Radio (NPR) - All Things Considered
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AUDIE CORNISH, HOST:

The U.S. Supreme Court today made it harder for the government to revoke the citizenship of a naturalized American citizen. The unanimous decision came in the case of a Bosnian woman who came to the U.S. as a war refugee. NPR legal affairs correspondent Nina Totenberg reports.

NINA TOTENBERG, BYLINE: The decision came in the case of Divna Maslenjak, an ethnic Serb who lived in Bosnia during the 1990s when a civil war divided the new country. In 1998, she applied for refugee status in the United States, claiming that she, her husband and her two children, as ethnic Serbs, were in fear of persecution in Bosnia because of their ethnicity. She also said they were targets because her husband had avoided serving in the Bosnian army by hiding in Serbia. The family emigrated to the U.S., and in 2007 Maslenjak became a U.S. citizen. Two years later, however, officials learned that her husband had served for five years in a Bosnian militia brigade implicated in the notorious massacre of some 8,000 Muslims in the town of Srebrenica.

Lucas Guttentag, who served as senior counselor for the secretary of homeland security in the Obama administration, views the decision as correct.

LUCAS GUTTENTAG: The court strongly rejected a sweeping claim made by the government that would have made citizens vulnerable for insignificant, immaterial, inconsequential misstatements that have nothing to do with actual eligibility for citizenship.

TOTENBERG: But as Guttentag observed, the defendant in this case is not off the hook. She could still be retried if the government can show that her lies did, indeed, lead to her being granted citizenship. Nina Totenberg, NPR News, Washington.

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