Calls to Disqualify New York Assemblymember Zohran Mamdani Spark Debate Over Anti-Muslim Rhetoric and the 14th Amendment
New York Assemblymember Zohran Mamdani is facing challenges to his eligibility for office, fueled by accusations of supporting groups aligned with Hamas and calls to resist federal immigration enforcement. These efforts come amid a broader context of rising anti-Muslim rhetoric, particularly during recent political campaigns.
Republican Representative Randy Fine of Florida recently called for an investigation into Mamdani’s citizenship, alleging false statements made during his naturalization process. This call was echoed by Representative Barry Ogles, who went further, demanding denaturalization proceedings. The Council on American-Islamic Relations (CAIR) denounced Ogles’ demand as ”racist and Islamophobic.”
Mamdani himself addressed the prevalence of anti-Muslim sentiment in a recent MSNBC interview. “Islamophobia is something that is endemic to politics across this country,” he stated, adding that it has become normalized to the point where acknowledging its existence is often seen as creating a problem, rather than recognizing a pre-existing one. He emphasized the importance of recognizing Muslims as belonging in American society.
Beyond the calls for denaturalization, the New York young Republican Club is attempting to disqualify Mamdani from holding office by invoking the 14th Amendment. They argue that his support for “pro-Hamas” groups and his advocacy against Immigration and Customs Enforcement (ICE) constitute providing “aid and comfort” to US enemies. Successfully enacting this challenge would require a two-thirds vote in both the House and Senate,and could ultimately be decided by the Supreme court.
Though, immigration experts consulted by PolitiFact have indicated that calls to resist ICE agents do not meet the criteria outlined in the 14th Amendment, which focuses on insurrection and aiding enemies during wartime, not domestic policy disagreements.
the process of denaturalization can be initiated by the Justice Department through either criminal charges or a civil lawsuit. In either scenario, the government must demonstrate that the applicant made a false statement during the naturalization process, and that this falsehood would have impacted the request’s approval.The burden of proof is higher in criminal cases (“beyond a reasonable doubt”) than in civil cases (“clear and convincing evidence”).
Case Western Reserve University law professor Cassandra Burke Robertson, specializing in denaturalization, believes a case against Mamdani would be “remarkably unlikely to gain any traction.” she also expressed concern about a potential “chilling effect” on individuals with limited resources who might be hesitant to speak out against the government for fear of similar repercussions.
while historically rare, denaturalization cases increased during the Trump management. In June, the Justice Department issued a memo prioritizing such cases, specifically targeting individuals deemed national security concerns, gang members, and other cases deemed “sufficiently critically important.”
Should Mamdani’s citizenship be revoked, his status would revert to lawful permanent residence, disqualifying him from serving as New York City mayor.
