Elon Musk could have his US citizenship revoked if he lied on immigration forms

These questions, explains immigration lawyer Ira Kurzban, are intended to determine whether an applicant has been validly granted residency, a prerequisite for obtaining citizenship. American immigration authorities have, he says, become very demanding on this point over the past ten years.

The U.S. Citizenship and Immigration Service did not respond to an inquiry into whether the forms used by its predecessor, the Immigration and Naturalization Service, asked exactly these questions at the time Musk allegedly used them, but experts say he would have been asked substantially similar questions. questions, because the relevant law has not changed.

These grounds for eviction have been around for decades, Yale-Loehr says, and the forms from back then likely had similar or identical questions.

An immigrant who makes false statements as part of the naturalization process may also be subject to criminal prosecution: under U.S. federal law, making a false statement or hiding a material fact from the government is punishable by a potential penalty of five years in prison.

Greg Siskind, an immigration lawyer, doesn't dispute that the law as written could expose someone who lied about their job without authorization to losing their citizenship, but he says that, from a practical point of view, this may not be an important fact.

If he had disclosed it, would that have prevented him from later receiving immigration benefits? he asks. The answer to this question is probably no.

Siskind nevertheless believes that serious questions arise here, particularly about the nature of the professional relationship between the Musk brothers. And Musk's past is highly relevant to the clearances he holds as a top government contractor with a vast portfolio of national security-related holdings.

Even if Musk were found to have broken the law, he would not be summarily deported. It's generally quite difficult to revoke a person's citizenship for relatively minor status violations that occurred decades earlier, says Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, who adds that it's a good thing given how easy it can be to violate arcana. immigration rules.

However, under Trump, several experts pointed out, the government has done much more than before to denaturalize citizens. As Frost wrote in 2019, in the first year and a half of the Trump administration, USCIS opened a dedicated denaturalization office, investigated thousands of citizens, and reported 95 to the Department of Defense. Justice with a recommendation for expulsion. (From 1990 to 2017, there have been an average of only 11 denaturalization cases per year.)

Even if USCIS had strong evidence that Musk broke the law, experts say, it would not handle the case administratively, but instead could refer it to a U.S. attorney's office. Prosecutors, who have broad discretion to accept or reject cases, could then prosecute or not pursue them as they see fit.

Many of the outstanding questions could be resolved if Musk allowed his immigration records to be released under the Freedom of Information Act. His lawyer, Spiro, did not respond to a question asking whether he would do so.

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