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By Suzanne Blake
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As Republicans push legislation that would make it easier to strip citizenship from naturalized Americans convicted of terrorism-related offenses, attention has turned to a rarely used but powerful legal process known as denaturalization.
Under the current law, denaturalization is possible but only in narrow circumstances and through the courts.
Why It Matters
Republicans like Representative Riley Moore of West Virginia have announced plans that would make denaturalizing and deportation of citizens easier for those who commit an act of terrorism, plot to commit an act of terrorism, join a terrorist organization, or otherwise aids and abets terrorism against the American people.
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“This horrific pattern of naturalized citizens committing acts of terrorism against the American people must end,” Moore wrote on X.
Florida Governor Ron DeSantis, House Majority Whip Tom Emmer, and Missouri Senator Eric Schmitt all have expressed similar sentiments as conflict in the Iran War escalates.
What To Know
Denaturalization is the legal process by which the U.S. government revokes the citizenship of someone who became a citizen through naturalization. It applies only to naturalized citizens, not to people who are U.S. citizens by birth.
By law, denaturalization can occur only by judicial order, either through a civil lawsuit or as part of a criminal conviction for naturalization fraud.
U.S. Citizenship and Immigration Services (USCIS) itself cannot revoke citizenship. Instead, it refers cases to the Department of Justice (DOJ), which must bring them before a federal judge.
When Can a US Citizen Be Denaturalized Under Current Law?
Federal law allows denaturalization in limited and specific situations, almost all of which focus on whether the person was legally eligible for citizenship at the time it was granted.
For example, a person may be denaturalized if they were not actually eligible for citizenship when they naturalized, even if there was no intentional fraud. This includes failing to meet requirements such as lawful permanent residence, physical presence, good moral character, or attachment to the U.S. Constitution.
The government can also seek denaturalization if a person intentionally lied or hid important information during the naturalization process, and that information had a tendency to influence the decision to grant citizenship. This can include false statements made on application forms or during interviews.
In rare circumstances, a person may also be denaturalized if they become affiliated with certain prohibited organizations, such as terrorist or totalitarian groups. This must occur within a limited time frame following naturalization, however, and the process is still rooted in whether the person was genuinely eligible for citizenship when granted.
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How the Denaturalization Process Works
Denaturalization cases can proceed in two ways:
- Civil denaturalization, where the government files a lawsuit in federal district court seeking to revoke citizenship.
- Criminal denaturalization, where revocation occurs automatically after a conviction for naturalization fraud under federal criminal law.
In civil cases, the government bears a very high burden of proof. It must show clear, convincing, and unequivocal evidence that citizenship was unlawfully obtained. Criminal cases require proof beyond a reasonable doubt.
If a person is denaturalized, they revert to the immigration status they held before becoming a citizen and may face deportation if they no longer have lawful status.
How Common Is Denaturalization?
Despite current political rhetoric, denaturalization remains extremely rare.
From 1990 to 2017, an average of about 11 cases per year were initiated, according to the Brennan Center for Justice. During the first Trump administration, that number rose to roughly 25 cases annually, still a small fraction of the more than 24 million naturalized US citizens.
What People Are Saying
Dan Bongino, former deputy director of the FBI, told Fox News on Friday: “If you're convicted of a terrorism charge, that should be mandatory denaturalization."
UCLA law professor Ahilan Arulanantham told WBUR in December: "Somebody who's been a naturalized citizen and then is convicted of a crime, they go to prison just like other citizens. But the fact that you've been convicted of a crime by itself does not render you eligible for denaturalization."
President Donald Trump told reporters last December: "If we have criminals that came into our country and they were naturalized, maybe through Biden or somebody that didn't know what they were doing. If I have the power to do it—I'm not sure that I do, but if I do, I would denaturalize. Absolutely."
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