Deport Elon Musk? Inside Trump's push to denaturalise his ex-advisor, top campaign fund donor

In a political twist fit for a courtroom drama, US President Donald Trump has stirred up a media frenzy after threatening to denaturalise – and deport – tech billionaire Elon Musk. 

The eyebrow-raising statement came during a rally in Florida, where Trump, in full campaign mode, accused Musk of “lying to the American people” and “scamming his way into American citizenship.”

“He came here with nothing and took everything!” Trump thundered to a cheering crowd. 

‘He’s going back to South Africa’

“If it turns out he lied on his citizenship papers — and we’re looking into it very strongly, believe me — then he’s going back to South Africa. That I can promise you.”

Musk, who became a US citizen in 2002 after emigrating from South Africa via Canada, responded with his signature blend of snark and swagger on X (formerly Twitter):

“I got my citizenship fair and square. Trump should worry more about his court cases than mine. #Mars2025”

Steve Bannon, former Chief Strategist to Donald Trump, delivered a scathing critique of Elon Musk’s proposal to form a new political party in the United States, known as the "America Party." Bannon’s remarks were made on his "War Room" podcast and have been widely reported.

Bannon referred to Musk in derogatory terms, calling him "Elmo the Mook, formerly known as Elon Musk." He questioned Musk’s suitability to start an American political party, emphasising Musk’s status as a foreign-born US citizen. 

Bannon stated: "Only a foreigner could do this — think about it, he's got up on Twitter right now, a poll about starting an America Party, a non-American starting an America Party. No, brother, you're not an American. You're a South African and if we take enough time and prove the facts of that, you should be deported because it's a crime of what you did — among many."
Bannon has previously called for Musk to be deported and accused him of crimes, intensifying their ongoing feud.

Meme tsunami

The remark drew over 2 million likes and triggered a meme tsunami, with users imagining Musk being launched back to South Africa in a SpaceX rocket.

But beneath the memes and media circus, the legal question remains: Can the US government actually denaturalise Musk?

Can Trump do that?

Short answer: No, not directly.

The president of the United States, even one as famously bold as Donald Trump, does not have the authority to unilaterally revoke someone’s citizenship.

The process of denaturalisation is strictly judicial. 

That means the move must begin when the Department of Justice (DOJ) files a civil lawsuit under 8 U.S. Code § 1451, alleging that a naturalised citizen either:

Burden of proof

The burden of proof lies entirely with the government, and it’s a high bar. The fraud must have been “material” — in other words, serious enough that citizenship would not have been granted if the truth were known.

Did Musk commit fraud in obtaining his US citizenship?

There’s no known evidence that Musk committed any fraud when he became a citizen. 

He arrived in the US legally, studied at the University of Pennsylvania, obtained a green card, and later naturalised in 2002. 

No Nazi past, no false documents, no scandals that would disqualify him — unless you count the Cybertruck rollout.

Legal fallout and political theater

Legal experts say the threat is “all talk, no teeth.”

Immigration attorney David Leopold remarked: “This is political theater. Denaturalisation is a rare and serious action, not a tool for punishing political enemies.”

When was the last time the US used denaturalisation?

The last time the US aggressively pursued denaturalisation was in tracking down Nazi war criminals — not eccentric tech moguls.

Still, the exchange highlights a growing trend in US politics: weaponising citizenship. 

Legal scholars warn that throwing around threats of deportation against political opponents — even jokingly — risks normalising abuse of the immigration system.

As one user joked online:

“If Trump tries to deport Musk, Elon will probably just build his own country on Mars and declare independence.”

8 U.S. Code § 1451, titled “Revocation of naturalisation”, is the section of the U.S. Code that gives the federal government the legal authority to revoke (or denaturalise) someone's U.S. citizenship if it was obtained illegally or fraudulently.

Here’s a breakdown of what it says and how it works:

Key Provisions of 8 U.S. Code § 1451

#1. Grounds for Revocation — Subsection (a):
The U.S. Attorney General (through the Department of Justice) can initiate civil proceedings to revoke a person’s citizenship if it was illegally procured or obtained by concealment of a material fact or by willful misrepresentation.

This includes:

Legal standard:
The fraud must be “material” – meaning it likely affected the decision to grant citizenship. Courts interpret this strictly and require clear, convincing, and unequivocal evidence.

#2. Revocation by criminal conviction — Subsection (e):
If a person is convicted of criminal naturalisation fraud (under 18 U.S.C. § 1425), their citizenship is automatically revoked upon conviction — no need for a separate civil denaturalisation case.

Example: Someone convicted years later for lying about their identity or hiding war crimes during the application process.

#3. Revocation for cembership in certain organisations — Subsection (c):
If a person was a member of or affiliated with the Communist Party, totalitarian parties, or terrorist organisations within five years before naturalisation, and failed to disclose this, their citizenship can be revoked.

Legal procedure:

How often is it used?

Denaturalisation is rare:

What are the legal safeguards against abuse of denaturalisation process?

The US Supreme Court has emphasised that US citizenship is a fundamental right and revoking it demands the strictest legal standards:

Not grounds for denaturalisation: