Yes, a naturalized U.S. citizen can lose their citizenship, though it is a rare occurrence. This process is known as denaturalization.
While becoming a U.S. citizen through naturalization grants nearly all the same rights and privileges as those born in the U.S., there are specific, limited circumstances under which naturalized citizenship can be revoked. If citizenship is removed, the individual can subsequently face deportation.
Understanding Denaturalization
Denaturalization is the legal process by which the U.S. government revokes the citizenship of a naturalized individual. This is not a simple administrative action; it requires the government to file a civil lawsuit in federal court to prove that the individual obtained their citizenship unlawfully or through misrepresentation.
Grounds for Denaturalization
The primary reasons for denaturalization stem from issues that existed at the time of naturalization, suggesting that the citizenship was never lawfully obtained. Key grounds include:
- Concealment of Material Facts or Willful Misrepresentation: This is the most common reason. If a naturalized citizen deliberately withheld or misrepresented crucial information during their naturalization application process, and that information would have prevented them from being granted citizenship, it can be revoked. Examples include:
- Hiding a criminal record or past arrests.
- Falsifying marital status to gain immigration benefits.
- Lying about identity, age, or place of birth.
- Concealing past involvement in persecution or terrorism.
- Refusal to Testify Before Congress: If, within 10 years after naturalization, an individual refuses to testify before a Congressional committee regarding their subversive activities, they may face denaturalization.
- Membership in Certain Organizations: Becoming a member of or affiliated with a subversive organization (like a communist or anarchist organization) within five years of naturalization, if such membership was not disclosed or if it indicates disloyalty to the U.S. at the time of naturalization.
- Dishonorable Discharge from Military Service: If citizenship was obtained through military service and the individual is later dishonorably discharged for actions that occurred during that service, it can lead to denaturalization.
- Illegal Procurement of Naturalization: This is a broad category covering any instance where naturalization was obtained contrary to law, regardless of specific fraud, such as not meeting the residency requirements.
The Denaturalization Process
The denaturalization process typically involves several stages:
- Investigation: Government agencies, such as U.S. Citizenship and Immigration Services (USCIS) or Immigration and Customs Enforcement (ICE), investigate potential cases of fraudulent naturalization.
- Referral to Department of Justice (DOJ): If sufficient evidence is found, the case is referred to the DOJ.
- Filing a Complaint: The DOJ files a civil complaint in a U.S. District Court, seeking to revoke the individual's citizenship.
- Court Proceedings: The individual has the right to present their defense in court. The government bears the burden of proving its case by clear, unequivocal, and convincing evidence.
- Judgment: If the court finds in favor of the government, the naturalization certificate is canceled, and the individual's citizenship is revoked.
- Deportation Proceedings: Once denaturalized, the individual becomes an alien and can be subject to removal (deportation) proceedings, just like any other non-citizen who has violated immigration laws.
It is important to distinguish denaturalization from expatriation, which is the voluntary relinquishment of U.S. citizenship. Denaturalization is an involuntary process initiated by the government. For those who obtain citizenship by birth in the U.S., their citizenship is generally considered inviolable, meaning it cannot be revoked involuntarily.
Denaturalization, while a rare and serious legal action, serves as a mechanism to preserve the integrity of the naturalization process by ensuring that citizenship is obtained lawfully and truthfully.
