Elon Musk, a citizen of the United States could be at risk if it is proven that he misrepresented facts during his immigration process, according to legal experts. This debate comes I the middle of calls for the revocation of his citizenship, fueled by Musk’s vocal support for Donald Trump and his controversial remarks on immigration.
Musk, originally from South Africa, moved to Canada before settling in the U.S., where he eventually became a naturalized citizen, but reports recently alleged that he may have worked in the U.S. without proper authorization in the 1990s.
According to ‘The Washington Post’, Musk was admitted to Stanford University in 1995 on a student visa but did not enroll, instead working on the startup that became Zip2. Court records and former associates cited by the “Post” suggested that he lacked proper work authorization during this period.
But Musk has debunked these claims, as he said that he was in the U.S. legally on a J-1 visa, which later transitioned to an H1-B visa. However, a 2005 email cited in a defamation case reportedly revealed Musk admitting that he applied to Stanford because he “had no legal right to stay in the country.”
Legal experts indicated that working without authorization and misrepresenting such actions during the immigration process could constitute grounds for revocation of citizenship under U.S. law.
The Legal Framework
The U.S. law permits the revocation of citizenship if it was obtained through “concealment of a material fact or willful misrepresentation.” Violations such as unauthorized work can be flagged during multiple stages of the immigration process, including green card and naturalization applications.
Amanda Frost, a professor of immigration law, explains that misrepresenting visa violations could lead to denaturalization. “If a person violated the terms of a visa and later failed to disclose that during the naturalization process, their citizenship could be deemed ‘illegally procured,’” she stated.
Stephen Yale-Loehr of Cornell Law School adds that while such cases are legally valid, they are rarely pursued unless the violations are deemed material.
Potential Outcomes and Implications
If evidence of wrongdoing were uncovered, Musk would not face immediate deportation but could be subjected to a lengthy legal process. Criminal penalties for making false statements during naturalization include up to five years in prison.
However, legal experts note that such cases often hinge on whether the alleged violations would have materially affected the individual’s eligibility for a green card or citizenship. Immigration attorney Greg Siskind believes it’s unlikely that Musk’s actions, if proven, would have prevented his eventual naturalization.
Political and Public Backlash
The controversy has reignited debates about immigration enforcement and denaturalization. Under the Trump administration, efforts to revoke citizenship increased significantly, with thousands of cases investigated and dozens referred for deportation.
Musk, a high-profile immigrant, has faced criticism for his frequent comments on immigration issues, with many accusing him of promoting divisive narratives. His extensive ties to government contracts and national security projects also add a layer of scrutiny to his case.
Calls for Musk to release his immigration records under the Freedom of Information Act remain unanswered. Meanwhile, legal analysts emphasize that any action against Musk would depend on clear evidence and prosecutorial discretion.
This unfolding situation underscores the complexities of immigration enforcement and the potential implications for high-profile figures.