Denaturalization: How U.S. Citizenship Can Be Revoked
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What is denaturalization?
The legal process by which a naturalized U.S. citizen has their citizenship revoked or taken away by a federal court order.
Who can be denaturalized?
Only naturalized citizens. Birthright citizens (those born in the U.S. or to U.S. citizen parents) cannot be denaturalized.
What is the most common reason for denaturalization?
Illegally procuring citizenship through "concealment of a material fact or by willful misrepresentation" during the naturalization process.
What does "concealment of a material fact" mean in the context of denaturalization?
Deliberately hiding important information that, if known, would have caused the U.S. government to deny the citizenship application.
Provide an example of a "willful misrepresentation" that could lead to denaturalization.
Lying on the naturalization application about having a criminal record, past connections to terrorist groups, or participation in persecution.
Can a person be denaturalized for joining a subversive group *after* becoming a citizen?
Yes, if they join certain organizations, such as the Communist Party or any other totalitarian group, within 5 years of their naturalization date.
What happens if a naturalized citizen refuses to testify before a U.S. Congressional committee about their alleged subversive activities?
If the refusal occurs within 10 years of their naturalization, it can be used as a ground for denaturalization.
How can military service be related to denaturalization?
If a person became a citizen based on their service in the U.S. military, they can be denaturalized if they are separated from the military under "other than honorable conditions" before serving honorably for 5 years.
Who initiates the denaturalization process?
The U.S. Department of Justice, on behalf of the U.S. government. The case is heard in a U.S. District Court.
What is the ultimate consequence of being denaturalized?
The individual loses all rights and privileges of U.S. citizenship and reverts to their prior status as an alien. They can then be subject to removal (deportation) from the United States.
Does a mistake on a naturalization application automatically lead to denaturalization?
No. The misrepresentation must be "willful" (done on purpose) and the fact must be "material" (important to the decision). Minor, unintentional errors are typically not grounds for denaturalization.
What is the burden of proof in a denaturalization case?
The government must prove its case with "clear, unequivocal, and convincing" evidence. This is a high legal standard.
