The Justice Department is pursuing the denaturalization of Nicholas Eshun, a former Marine born in Ghana, following a sex crime conviction that occurred after he obtained U.S. citizenship. Eshun was naturalized via a program expediting citizenship for military personnel. The government is basing this action on a statute concerning military members who fail to serve five years and depart without an honorable discharge, a rarely enforced provision amended in 2003.

Legal experts view this case as highly unusual, noting that for nearly six decades, the standard practice for revoking citizenship involved proving fraud or misrepresentation on the initial application. A 1967 Supreme Court decision effectively barred involuntary denaturalization for lawfully obtained citizenship, establishing that citizenship can generally only be relinquished voluntarily.

Observers suggest that Eshun's conviction for attempted sexual assault of a child makes him an unsympathetic defendant, potentially easing judicial approval for the government's novel legal argument. This effort raises complex questions about whether the 2003 statute conflicts with established Supreme Court precedent, and whether the Constitution permits setting conditions for revoking citizenship lawfully granted after naturalization.

This action comes amid a broader push by federal authorities to revoke citizenship, though experts are divided on whether Eshun’s case signals a widening scope for denaturalization targets beyond traditional fraud cases.