Citizenship represents a profound commitment between an individual and their adopted country. For naturalized citizens, it’s often a symbol of triumph after years of effort and dedication. But what happens when that bond is questioned? Can the government revoke citizenship once it’s granted? The short answer is yes, but only under specific circumstances, and the process is far from arbitrary.
Let’s explore who might face this situation, the legal grounds for revocation, and what the process involves.
Who Can Lose Their U.S. Citizenship?
Naturalized Citizens - Those who acquired citizenship through a legal process rather than being born in the U.S. can face revocation under certain conditions. Denaturalization is rare and typically arises when the government identifies fraud or misconduct during the naturalization process.
Citizens at Birth - For individuals born in the U.S., citizenship is nearly impossible to revoke involuntarily. The Supreme Court has set a high bar, with only exceptional cases involving proven fraud in birth documentation, such as falsified records for those born abroad, allowing for reconsideration of citizenship status.
Grounds for Citizenship Revocation
The U.S. government must meet stringent legal standards to revoke citizenship. Denaturalization often hinges on one of the following grounds:
- Fraud or Misrepresentation During Naturalization
Misrepresenting facts like identity, criminal history, or prior deportation can lead to revocation. The government must prove that the false information was critical to the decision to grant citizenship. - Concealment of a Material Fact
Failing to disclose significant details—such as membership in certain political or military groups—can also lead to denaturalization. This applies if the omission would have influenced the approval process. - Membership in Subversive Organizations
Historically, associating with groups deemed hostile to the U.S., such as terrorist or extremist organizations, within five years of naturalization could trigger revocation. Though rarely invoked today, this legal basis remains in effect. - Dishonorable Military Discharge
For individuals who gained citizenship through military service, a dishonorable discharge before completing five years of service may result in revocation.
The Process of Revocation
Denaturalization is not a simple administrative action. It involves rigorous legal proceedings, with the government bearing the burden of proof.
The U.S. Department of Justice initiates the process by filing a civil lawsuit in federal court. The government must demonstrate—using “clear, convincing, and unequivocal evidence”—that the individual’s citizenship was improperly obtained.
If the court rules in favor of the government, the individual’s certificate of naturalization is canceled. They then revert to their previous immigration status, such as a lawful permanent resident or no status at all. In the latter case, they may face removal (deportation) proceedings. However, the stringent legal standards mean that revocation is not common.
Voluntary vs. Involuntary Loss of Citizenship
Voluntary Expatriation - Citizens may renounce their U.S. citizenship voluntarily, typically by completing a formal process at a U.S. embassy or consulate abroad. This choice is unrelated to denaturalization and is entirely self-initiated.
Involuntary Revocation - In contrast, involuntary revocation—denaturalization—requires the government to establish legal grounds and follow due process. The rarity of such cases reflects the seriousness with which courts handle citizenship matters.
Protecting Your Rights
If you’re concerned about the potential loss of citizenship, it’s vital to understand your rights and responsibilities. The most important thing one can do to prevent this from happening is to ensure that all information provided during the naturalization process is accurate and truthful. If you suspect that errors or omissions might raise questions, seeking legal guidance promptly can help mitigate risks.
Denaturalization is rare, but its implications can be life-changing. If you have questions about citizenship, immigration status, or related legal issues, Pollak PLLC is here to help. With a deep understanding of immigration law, our team provides thoughtful, effective counsel to address your concerns. Call us at (214) 305-2266 to schedule a consultation.
