By: Law Offices of Daniel Shanfield July 7, 2025

Understanding Denaturalization and Citizenship Loss: What You Need to Know

What Is Denaturalization and How Does It Happen?

Denaturalization is when the U.S. government takes away citizenship from someone who was naturalized. This usually happens if the person lied or hid important information during the naturalization process. It can lead to loss of legal status and possible deportation.

What’s the Process for Denaturalization?

One way the U.S. government can move to denaturalize is through civil denaturalization. Here, the U.S. Justice Department files a case in the U.S. federal district court where the defendant lives, asserting that the defendant’s citizenship was obtained either illegally or by concealing a material fact or by willful misrepresentation.

For civil denaturalization, the Government must prove, by clear, convincing, and unequivocal evidence which does not leave the issue in doubt – that the individual obtained naturalization unlawfully, and/or concealed or willfully misrepresented a material fact during the naturalization process. There is no statute of limitations for pursuing a civil denaturalization case. Since this is civil, defendants have no right to a public defender.

Another more complicated way is through criminal denaturalization under 18 U.S.C. § 1425, where the naturalized individual knowingly and intentionally by fraud obtained or attempted to obtain naturalization, either for himself or for someone else. For criminal denaturalization, the Government must meet the beyond a reasonable doubt standard. If convicted, the defendant may face both federal jail time and deportation. Defendants are eligible for a public defender. Criminal denaturalization is subject to a ten-year statute of limitation.

What Are the Common Reasons for Denaturalization?

What are some circumstances for denaturalization?

Illegal Procurement of Naturalization: If it is found that you were not eligible for naturalization, your citizenship can be revoked. This includes not meeting the residency or moral character requirements. Also, for individuals who naturalized but who were not eligible because their previous permanent resident status was not lawfully obtained (e.g., based on fraudulent documents or error by USCIS), USCIS may move for denaturalization.
Concealment or Misrepresentation: Deliberately hiding or misrepresenting important facts during the naturalization process can lead to denaturalization.
Affiliation with Certain Organizations: Joining or affiliating with the Communist party, other totalitarian parties, or terrorist organizations within five years of naturalization can result in denaturalization.

Can Native U.S. Citizens Lose Their Citizenship?

Native-born U.S. citizens generally cannot lose their citizenship involuntarily. However, they can voluntarily renounce it by performing specific acts with the intent to relinquish their nationality, such as running for public office in another country or serving in a foreign military engaged in hostilities against the U.S.

Recent Policy Changes

The current administration made denaturalization a priority, creating a special section within the Department of Justice to handle these cases. The focus has been on individuals who pose security threats, including those involved in terrorism, war crimes, human rights abuses, and serious criminal activities.

Is Denaturalization the Same as Deportation?

No, denaturalization and deportation are not the same.

Denaturalization: Denaturalization is the process of revoking U.S. citizenship that was obtained through naturalization, usually due to fraud or misrepresentation.
Deportation: Deportation is the removal of a non-citizen from the U.S. for violating immigration laws. Denaturalization can lead to deportation, but they are separate legal actions.

What Happens After Denaturalization?

If you are denaturalized, you lose your U.S. citizenship and revert to your previous immigration status. Without a lawful immigration status, you may face deportation. Additionally, if denaturalization is due to criminal convictions, you may also serve jail time.