What is Denaturalization?

Denaturalization is the legal process by which the United States government revokes a person’s citizenship after the naturalization process.

Unlike deportation proceedings, which apply to non-citizens, denaturalization strips a person of their citizenship entirely, often exposing them to removal from the United States afterward.

Importantly, denaturalization applies only to naturalized citizens, not individuals who acquired citizenship by birth in the United States. The Supreme Court has held that citizenship by birth is constitutionally protected under the Fourteenth Amendment and cannot be involuntarily revoked.

Because citizenship is considered one of the most valuable legal rights a person can possess, federal courts repeatedly emphasize that denaturalization is a drastic remedy. It should be applied cautiously and only in limited circumstances.

What is the Legal Basis for Revoking Citizenship?

Denaturalization cases can be pursued civilly or criminally. The 2025 DOJ memo focuses on civil enforcement, which allows the government a lower burden of proof. 

In civil cases, the government must show clear, convincing, and unequivocal evidence showing that the individual procured naturalization illegally or concealed or willfully misrepresented a material fact during the naturalization process. For criminal cases, the government must meet proof beyond a reasonable doubt that there was a violation of 18 U.S.C. § 1425.

In civil cases, your citizenship can be revoked for a number of reasons, typically falling within one of two categories as described in 8 U.S.C. § 1451, the revocation of the denaturalization statute. Under this law, the government can revoke citizenship if it proves that the naturalization was “illegally procured” or “procured by concealment or willful misrepresentation.” 

Although these civil categories sound straightforward, denaturalization litigation is highly fact-specific and legally complex. In most cases, the government must either show that the individual never legally qualified for naturalization in the first place or that citizenship was obtained through fraud, deception, or concealment of important information. The overwhelming majority of modern cases fall into these two primary categories from § 1451.

Illegal Procurement of Citizenship

You may fall into the illegal procurement category if you do not meet the legal requirements for naturalization at the time it was granted. For example: denaturalization issues may arise where an applicant lacked the required “good moral character,” failed to meet residency or physical presence requirements, or was otherwise statutorily ineligible for naturalization. In these situations, the government may argue that citizenship should never have been granted under federal immigration law.

Importantly, the government doesn’t necessarily need to prove intentional fraud in illegal procurement cases. Instead, the focus is often on whether the applicant was legally eligible for naturalization at the time the application was approved. Meaning, the burden of proof for the government is lower than what many may assume. This distinction can make illegal procurement cases particularly complicated, especially where the alleged disqualifying conduct occurred many years earlier. There is no statute of limitations for pursuing a civil denaturalization case.

Citizenship Procured Through Concealment or Willful Misrepresentation

The second major category of denaturalization cases involves allegations that citizenship was obtained through fraud or deception during the naturalization process.

Under federal law, the government may seek revocation of citizenship where an individual concealed a material fact or willfully misrepresented information that affected the naturalization decision. The U.S. Citizenship and Immigration Services often refers to this category as involving “deliberate deceit.”

To win these cases, the government generally must prove several separate elements with a high burden of proof. First, it must show that the person made a false statement or concealed information before naturalization. Second, that the misrepresentation was intentional and not accidental. Third, the hidden information must have been “material,” meaning important to the government’s decision-making process. Finally, the government must establish that the misrepresentation actually contributed to the grant of citizenship.

What Counts as “Material” Misrepresentation?

One of the most heavily contested issues in denaturalization cases is whether a misstatement was “material” or an omission.

A fact is considered material if it had a natural tendency to influence the government’s decision; or it would have led to further investigation that could uncover disqualifying information. Examples might include: failing to disclose a serious criminal conviction, concealing prior immigration fraud, submitting false identity information, or hiding participation in terrorist organizations. Minor, unintentional errors occurring during naturalization are usually not material.

Common Scenarios That Lead to Denaturalization

Denaturalization cases often arise from issues that happen before the grant of citizenship. In many cases, the government reviews older immigration records, criminal history, or prior applications and alleges that citizenship should have never been granted. 

For example, if an individual obtained lawful permanent residency through false statements or a sham marriage, that underlying fraud can later form the basis for revoking citizenship. This is one of the most common issues that arise in denaturalization cases. 

Criminal history can also become central to denaturalization proceedings. Certain criminal offenses may prevent an applicant from establishing the “good moral character” required for naturalization.

In some cases, the government focuses on national security concerns. This primarily means allegations of involvement in prohibited organizations or human rights violations. 

Because denaturalization investigations often involve conduct that allegedly occurred years or even decades earlier, these cases can become highly document-intensive and legally complicated.

What is the Difference between Civil and Criminal Denaturalization?

For those unfamiliar with the U.S. legal system, this can get confusing. The denaturalization process can occur through civil or criminal proceedings. The distinction is important.

Most denaturalization cases are civil actions filed by the Department of Justice in federal court. In a civil denaturalization case, the government seeks a court order revoking citizenship based on allegations that naturalization was illegally procured or obtained through material misrepresentation. The 2025 memo named civil investigations as the main target for recent ‘crackdowns.’

Although civil proceedings do not carry direct criminal penalties, the consequences remain severe. There is generally no right to a government-appointed attorney, and successful denaturalization may ultimately result in detention and deportation.

Criminal denaturalization cases carry more serious consequences. In these cases, citizenship may automatically be revoked. The individual may face imprisonment before the removal proceedings begin, then, they may be deported.

Because of these stakes, criminal denaturalization cases often involve parallel investigations and aggressive prosecution strategies.

Recent Federal Efforts to Increase Denaturalization Enforcement

Historically, denaturalization has been a relatively rare legal process reserved for uncommon circumstances, usually for those who have committed egregious crimes, like war criminals or terrorists. However, with recent federal policy developments, the government is pursuing these cases much more aggressively.

In June 2025, the Department of Justice issued a policy memo announcing that it intended to prioritize certain civil denaturalization cases involving foreign-born U.S. citizens. According to the memo, federal authorities will focus on cases involving alleged fraud, concealment of material facts, national security concerns, financial crimes, or other conduct connected to the naturalization process.

The memo drew attention because it signaled more rigorous enforcement than many previous administrations pursued. Expanded denaturalization efforts may create fear and uncertainty among naturalized citizens, particularly where alleged misconduct occurred decades earlier.

At the same time, the government maintains that denaturalization remains limited to situations where citizenship was unlawfully obtained or procured through deliberate deception. Federal courts continue to require the government to satisfy an exceptionally high burden of proof before citizenship can be revoked.

The memo demonstrates that denaturalization remains an active area of federal immigration enforcement and one that naturalized citizens should take seriously.

What Happens After Denaturalization?

Again, it’s important to note that civil and criminal denaturalization will occur with different consequences. Generally, if citizenship is revoked, the consequences can be severe. If a court orders denaturalization, the consequences can be immediate and far-reaching. The individual loses all rights associated with U.S. citizenship, including the right to vote and the protection of a U.S. passport.

From there, the person’s immigration status becomes critical. In some cases, an individual may revert to a prior lawful status. In many others, however, there is no valid status to return to. This can result in the initiation of removal proceedings and, ultimately, deportation.

For this reason, denaturalization is often only the first step in a broader enforcement process.

With loss of citizenship rights, the individual loses the right to vote, their U.S. passport, and any protection from deportation.

In some cases, the individual reverts to their prior immigration status (if one exists). However, if that status is invalid or has expired, the individual may become removable (deportable). This means that after denaturalization, the government may initiate deportation proceedings, especially if the underlying issue involves criminal conduct or fraud.

How Federal Criminal Charges Can Affect Denaturalization

Federal criminal charges can have serious immigration consequences for naturalized U.S. citizens, particularly when the alleged conduct relates to the naturalization process itself or calls into question whether the individual possessed the required “good moral character” when citizenship was granted.

In many denaturalization cases, the government does not argue that a person lost citizenship simply because they committed a crime after becoming a citizen. Instead, prosecutors often claim that the underlying conduct existed before naturalization, should have disqualified the individual from citizenship, or was concealed during the immigration or naturalization process. For example, allegations involving fraud, false statements, financial crimes, immigration offenses, or conspiracy charges may trigger government review of prior immigration filings and sworn naturalization applications.

Federal prosecutors may also use evidence uncovered during a criminal investigation to pursue civil denaturalization proceedings. In some situations, criminal indictments, plea agreements, sentencing admissions, or testimony given in federal court can later become part of the government’s effort to revoke citizenship. This is especially true where the government alleges that the individual misrepresented facts during the naturalization process or lacked the “good moral character” required under federal immigration law.

Do I Need a Lawyer for Denaturalization?

Denaturalization cases involve some of the highest stakes in both immigration law and federal litigation. Although historically rare, recent federal enforcement initiatives and the Department of Justice’s increased focus on denaturalization have made experienced legal representation more important than ever.

These cases are often extraordinarily complex. They may involve old immigration records, allegations of fraud or concealment, parallel criminal investigations, and difficult questions involving statutory interpretation and federal court procedure.

An experienced attorney can evaluate whether the government’s allegations satisfy the legal requirements for denaturalization, identify factual and procedural defenses, challenge insufficient evidence, and advocate aggressively in federal court.

Several defenses may be available depending on the circumstances of the case. For example, the defense may argue that an alleged misrepresentation was not actually material or that an error on an immigration application was accidental rather than intentional. In other cases, the government may simply be unable to satisfy its demanding burden of proof with reliable evidence. Procedural defenses may also exist if investigators violated legal requirements during the investigation or improperly handled evidence.

Because denaturalization can ultimately lead to deportation and permanent separation from family and community, early legal intervention can be critical.

Federal Charges and Denaturalization

There has been a massive nationwide uptick in the number of federal criminal convictions that lead to denaturalization proceedings. Federal prosecutors are now aggressively attempting to denaturalize U.S. citizens based on criminal convictions in federal court.

These criminal convictions often times take place years or even decades after a person was naturalized. In fact, the current Trump administration has made denaturalization a major plank of their DOJ priorities.

It is important that you have a federal criminal defense attorney who understands the need to avoid denaturalization from day one if you are a naturalized U.S. citizen. There are many lawyers who will not even worry about denaturalization when pleading their clients out in federal criminal court. They commonly say “well, he’s not an immigrant so why would I need to worry?”

The truth is, that naturalized U.S. citizens need to be proactive about protecting their U.S. citizenship when attacking their federal criminal defense charges. This is something that the best federal defense lawyers will start to craft from day one.

There are many ways to approach a case that prioritize U.S. citizenship maintenance if your attorney is 1) creative and 2) aggressive in approaching the proceedings.

If you need a federal criminal defense attorney to help protect against denaturalization , call Evergreen Attorneys today at (801) 948-9996, email us at [email protected] or fill out a contact form on our website.

Contacting Evergreen Attorneys is the first step to finding clarity when you need to protect your rights in federal criminal court.