In the United States, citizenship acquired through naturalization is generally permanent, but it is not entirely immune from government review.
In recent months, many naturalized citizens have grown uneasy about news of the new administration's push to review past immigration records more aggressively. Headlines mentioning "denaturalization" spark understandable worry: Can my citizenship be taken away?
While these concerns are valid, it is important to remember that denaturalization is a legal process with a high standard of proof and protection built into law. This white paper will explain what denaturalization is, who it may affect, a recent memo about the current administration's priorities, and more.
What is denaturalization?
Denaturalization is the legal process by which the U.S. government revokes a person's citizenship that was obtained through naturalization.
It applies only to individuals who became citizens through the naturalization process, not to those who were born in the United States or acquired citizenship at birth.
Denaturalization is carried out through litigation in federal court and is governed by Section 340 of the Immigration and Nationality Act (8 U.S.C. § 1451). A denaturalization proceeding can be a civil proceeding where there is no constitutional right to legal counsel. This means that a person facing denaturalization will need to obtain their own legal counsel for their defense.
Foreign nationals who are denaturalized do not automatically lose valid status and instead revert to the immigration standing they held before they received U.S. citizenship. They could, however, lose deportation protection if they did not hold legal status before naturalization or if they have been/are convicted of a crime.
Reasons for denaturalization
A naturalized citizen can only have their citizenship revoked in the following circumstances, according to U.S. law:
- If their "certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation."
- If they become a member or are affiliated with an organization such as a communist or anarchist group, within five years of receiving their citizenship.
- If they received citizenship via a parent or spouse, and that family member has their citizenship revoked.
- If they are "convicted under section 1425 of title 18 of knowingly procuring naturalization in violation of law."
- If they are dishonorably discharged from the military, and they received U.S. citizenship through their service.
- If they do not testify about their "subversive activities" to a congressional committee, if called upon.
It is important to remember that the grounds for denaturalization are limited and specific. The government must file a complaint in federal court, and the individual has the right to respond, present evidence and be represented by counsel – again, legal counsel will not be provided as a constitutional right, which means the foreign national will have to respond to the proceedings themselves or obtain their own legal counsel.
How often does denaturalization occur?
Cases of denaturalization continue to be rare but have increased in recent years.
There were approximately 170 cases of denaturalization (about 42 per year) during the first Trump administration, according to data from Hofstra University Law analyzed by the National Immigration Forum, while there was an average of about 16 cases per year during Former President Joe Biden's time in office (64 total cases).
There were only 305 denaturalization cases filed between 1990 and 2017, approximately 11 per year, according to the data analyzed by the National Immigration Forum.
DOJ memo
The Department of Justice issued an internal memo in mid-June directing the civil division to "use its enforcement authorities to advance the administration's policy objectives." One such objective was "prioritizing denaturalization."
The memo said the DOJ will "prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence," and listed a wide range of "categories of priorities for denaturalization cases" including:
- Cases against individuals who pose a potential danger to national security.
- Cases against individuals who engaged in torture, war crimes, or other human rights violations.
- Cases against individuals who further or furthered the unlawful enterprise of criminal gangs, transnational criminal organizations, and drug cartels.
- Cases against individuals who committed felonies that were not disclosed during the naturalization process.
- Cases against individuals who committed "human trafficking, sex offenses, or violent crimes."
- Cases against individuals who engaged in various forms of financial fraud and/or fraud against private individuals, funds, or corporations.
- Cases against individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category.
- Cases referred by a United States Attorney's Office or in connection with pending criminal charges.
- Any other cases referred to the Civil Division.
It is unclear at this time how, exactly, this memo will affect naturalization efforts taken by the Department of Justice and the new memorandum raises troubling questions.
While the Immigration and Nationality Act (INA) sets out a narrow list of specific grounds the government must prove to revoke citizenship, the memo outlines a much broader set of "priorities" that go well beyond what Congress authorized.
None of these new priorities — such as vague references to "potential threats to national security"— appear in the statute. This creates two possible concerns: first, that DOJ may expend taxpayer resources pursuing people it ultimately has no legal authority to denaturalize; and second, that the administration is seeking to expand denaturalization powers without Congressional approval.
The language in the memo is imprecise and leaves key terms undefined, giving DOJ wide discretion to decide who falls within its crosshairs. That discretion could be used to turn denaturalization into a political weapon — undermining not only individual rights but also public confidence in the immigration system itself.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will alert clients as circumstances evolve.
Foreign nationals who are considering undergoing the naturalization process or want to discuss whether they should become a naturalized U.S. citizen, should consult with experienced immigration counsel to learn more and to review the risks and benefits of moving forward with an application.
Other information to know
President Trump issued an executive order on the first day of his second term in the White House entitled "Protecting the Meaning and Value of American Citizenship." If enacted, the order would alter birthright citizenship in the United States. The executive order has so far been blocked by the federal court system.
The attorneys at Garfinkel Immigration Law Firm expect the case about Trump's Birthright Citizenship executive order to be a continuing and evolving legal battle. The Firm continuing to monitor the situation closely and will provide further updates and information as circumstances evolve.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
