The concept of denaturalization—revoking U.S. citizenship after it has been granted—is often misunderstood and seldom discussed. However, recent trends in enforcement, especially under the Department of Justice (DOJ), suggest it is an area of growing importance for foreign nationals, visa holders, and naturalized Americans.
This article outlines the legal basis for denaturalization, categories of targeted individuals, how proceedings unfold, and what risks you should be aware of.
Source: National Immigration Forum
What is Denaturalization?
Denaturalization is the legal process by which the U.S. government revokes citizenship previously granted to a naturalized individual. This can only occur through a judicial order and may be the result of civil litigation or a criminal conviction related to naturalization fraud.
Once denaturalized, the individual reverts to their previous immigration status—often facing deportation if no lawful status remains.
Legal Grounds for Denaturalization
There are two primary legal pathways:
1. Fraud or Misrepresentation
Citizenship can be revoked if it was obtained through:
- Willful misrepresentation or concealment of a material fact
- False statements on the naturalization application or during interviews
To establish this, the government must prove:
- Intentional misrepresentation
- Materiality of the misrepresented fact
- Citizenship was directly procured as a result
Examples include failure to disclose criminal involvement, immigration violations, or affiliations with prohibited organizations.
2. Illegal Procurement
Even without fraud, citizenship can be revoked if the individual was not actually eligible. Common reasons include:
- Lack of lawful permanent residence
- Insufficient continuous residence or physical presence
- Lack of good moral character
- Failure to adhere to the principles of the U.S. Constitution
Are Military Naturalizations at Risk
Yes. Service members who obtained citizenship through military service after November 24, 2003, may face denaturalization if they:
- Served honorably for less than five years, and
- Were separated under “other than honorable” conditions
Can Family Members Be Affected?
Potentially. A spouse or child who obtained citizenship through the naturalization of a parent or spouse may lose citizenship if:
- The revocation was based on fraud or misrepresentation, and
- They were residing with the individual abroad at the time
However, revocations based solely on illegal procurement (i.e., failure to meet eligibility) do not impact derivative citizens.
What is the Burden of Proof?
The government faces a high bar:
- Civil Cases: Must prove claims with “clear, convincing, and unequivocal evidence”
- Criminal Cases: Must prove “beyond a reasonable doubt” that the person knowingly committed fraud under 18 U.S.C. § 1425
The Supreme Court’s Position
In Maslenjak v. United States (2017), the Court ruled that only false statements that directly led to the granting of citizenship can justify denaturalization. Minor errors or omissions unrelated to eligibility are not sufficient.
DOJ’s Enforcement Priorities
As of June 2025, the DOJ’s Civil Division has formally made denaturalization one of its top five enforcement priorities. The DOJ is now pursuing cases involving:
- National security threats (espionage, terrorism)
- War crimes or human rights violations
- Drug trafficking or organized crime
- Financial fraud (PPP, Medicare/Medicaid)
- Sexual and violent crimes
- Fraud against private entities
- Criminal charges even if not yet convicted
This broad approach indicates a shift from targeting only extreme cases (e.g., war criminals) to a wider array of alleged misconduct.
Rise in Cases
Historically, denaturalization was rare. Between 1990 and 2017, only 305 cases were filed. However, during President Trump’s first term, 168 cases were filed—quadrupling the annual average. The Biden administration maintained a moderate pace, with 64 cases filed so far.
An internal USCIS office created in 2018 identified over 2,500 cases for potential denaturalization.
Is There a Statute of Limitations?
- Civil cases: No time limit.
- Criminal cases: Ten-year statute of limitations under 18 U.S.C. § 1425.
Concerns About Overreach
Advocacy groups warn that broad denaturalization criteria may jeopardize the status of millions of naturalized Americans. Ambiguities in the application process—such as vague questions or technical omissions—can potentially be used against individuals many years later.
Consider the case of Norma Borgono, a grandmother from Peru who was sued for failing to disclose her clerical role in a fraud scheme long before her naturalization. Although she was never convicted at the time of applying, the DOJ still pursued denaturalization.
Final Thoughts
The expansion of denaturalization efforts under current enforcement guidance underscores the importance of accuracy and legal compliance during every stage of the immigration process—from visa application to naturalization.
If you are concerned about past representations or current risk exposure, it is essential to seek experienced legal counsel. At Ahluwalia Law Offices, we remain committed to defending your rights and protecting your future.
