Denaturalization: What It Means and Who Decides
With a new Department of Justice (DOJ) memo sparking fresh attention, denaturalization is once again making headlines. If you’re a naturalized U.S. citizen, it’s essential to understand what denaturalization is, who can initiate it, and what your rights are under the law. Denaturalization is the legal process by which the U.S. government revokes a person’s citizenship that was acquired through naturalization, typically due to fraud or illegality in the naturalization process.
Can DOJ or DHS Revoke My Citizenship?
No. Neither the DOJ nor the Department of Homeland Security (DHS) can unilaterally revoke your citizenship. DHS is responsible for administering the naturalization process, and the DOJ can bring civil litigation against a citizen suspected of unlawful naturalization. However, only a U.S. District Judge has the authority to issue a judgment that revokes a person’s naturalized citizenship.
This judicial safeguard ensures that citizenship cannot be arbitrarily taken away by executive agencies. A formal legal process must be followed, which includes specific due process protections.
Legal Grounds for Denaturalization
According to 8 U.S.C. § 1451, the following are grounds under which a judge may revoke someone’s citizenship:
- Fraud or Material Misrepresentation: The most prevalent ground for denaturalization involves intentional deception or falsehoods during the naturalization process. This can include failing to disclose criminal activity, using a false identity, or concealing affiliations that would have disqualified the applicant. Even lies told years before, such as on a visa or green card application, can form the basis for revocation.Notable cases include individuals who concealed their involvement in human rights abuses during conflicts such as World War II. In such cases, the court found that citizenship was procured illegally and fraudulently.
- Refusal to Testify Before Congress: Under 8 U.S.C. § 1451(a), a person may be denaturalized if, within ten years of naturalization, they refuse to testify before Congress concerning their subversive activities and are held in contempt.
- Membership in Disqualifying Organizations: If a person joins a group that would have made them ineligible for citizenship within five years of naturalization, such as a terrorist or totalitarian organization, this can also lead to denaturalization. This is to ensure that citizenship is not used as a shield by individuals acting against national security interests.
What About Crimes Committed After Naturalization?
Generally, criminal acts committed after a person has lawfully become a U.S. citizen are not grounds for denaturalization. The focus of denaturalization is on the legality of the naturalization process itself. However, if post-naturalization crimes reveal that the original application was fraudulent (e.g., if the crime predated citizenship and was intentionally concealed), then denaturalization may be pursued.
How Denaturalization Proceedings Work
Denaturalization cases are handled as civil proceedings, not criminal ones. The DOJ files a civil complaint in federal court, and the case proceeds through litigation like any other civil lawsuit. The key elements include:
- Notice: The government must formally notify the citizen that it is initiating a denaturalization case.
- Judicial Oversight: Only a U.S. District Judge can rule on the case.
- High Burden of Proof: The government must prove its case by “clear and convincing evidence.” This is a rigorous standard that requires a high level of certainty.
- Right to Counsel: Defendants may hire their own legal representation or seek pro bono legal assistance. Because this is not a criminal matter, there is no constitutional right to a court-appointed attorney.
Impact of Denaturalization
Losing U.S. citizenship can have far-reaching consequences. The denaturalized individual may become subject to removal (deportation) proceedings and may be barred from re-entering the U.S. in the future. Additionally, denaturalization can affect the status of dependents who derived citizenship from the individual.
Are These New Rules?
No. The statutory framework for denaturalization has been in place since the Immigration and Nationality Act of 1952. The last major amendment occurred in 1994, when Congress removed ideological grounds for denaturalization. Despite occasional DOJ initiatives or memos that prioritize enforcement, the fundamental laws remain unchanged.
Key Takeaways
- Only a U.S. District Judge can revoke citizenship.
- Most denaturalization cases involve misrepresentation or fraud in the immigration process.
- Defendants are entitled to a civil trial, legal notice, and the opportunity to defend themselves.
- Denaturalization laws have been in place for decades and remain largely unchanged.
What You Should Do
If you are a naturalized citizen and are concerned about past immigration paperwork or disclosures, consult a qualified immigration attorney. An experienced lawyer can help you assess your case and understand any potential risks.
Schedule a Consultation with an Immigration Lawyer
Sources:
We Can Help!
If you have questions regarding a U.S. immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
