Denaturalization Defense Lawyer | Can the Government Revoke U.S. Citizenship?
Straight answers about how naturalized citizenship can be challenged, who is at risk, and how a defense attorney fights back. Serving clients nationwide. Call 1-844-967-3536.
Can the U.S. Government Revoke My Citizenship?
Yes, but only in narrow circumstances, and only through a legal process called denaturalization. Only naturalized citizens can be denaturalized; people who are U.S. citizens by birth cannot lose their citizenship this way. The government must prove its case in federal court, and in civil cases it carries a demanding burden of proof. Denaturalization has historically been rare, though recent Department of Justice enforcement has expanded it.
What is denaturalization?
Denaturalization is the process by which the U.S. government revokes the citizenship of a person who obtained it through naturalization, returning them to their prior immigration status. It is not the same as renouncing citizenship voluntarily, and it does not apply to citizens by birth. The government can pursue it two ways: as a civil action under 8 U.S.C. Section 1451 or as a criminal prosecution under 18 U.S.C. Section 1425. In both paths, a naturalized citizen keeps their status unless and until a federal court orders otherwise.
Can my U.S. citizenship be revoked?
Citizenship acquired through naturalization can be revoked, but the law sets a high bar. In a civil denaturalization case, the government must prove its allegations by "clear, unequivocal, and convincing evidence" - a standard the Supreme Court has described as far more demanding than the ordinary preponderance standard used in most civil cases. This reflects how serious the loss of citizenship is. Importantly, there is no statute of limitations on civil denaturalization, so a case can theoretically be brought many years after naturalization.
Who cannot be denaturalized
- People born in the United States (birthright citizens under the 14th Amendment)
- People who acquired or derived citizenship automatically through U.S. citizen parents
Denaturalization applies only to citizenship obtained by naturalization.
Who is at risk of denaturalization?
Only naturalized citizens are subject to denaturalization. In practice, the government tends to focus on cases where it believes the naturalization was tied to fraud or a serious omission. Common fact patterns include:
Concealed criminal history
Undisclosed arrests, charges, or convictions that would have affected eligibility or good moral character
Prior removal orders or identity issues
A person who naturalized under a different identity, or after an undisclosed deportation order
Misrepresentations on the N-400
Material false statements made during the application or interview to obtain naturalization
What are the grounds for denaturalization?
Under 8 U.S.C. Section 1451, the government must show that naturalization was either "illegally procured" or procured by "concealment of a material fact or by willful misrepresentation." These generally break down into three categories:
1. Illegal procurement of naturalization
The person did not actually meet a statutory requirement for naturalization - for example, lacking the required continuous residence, physical presence, or good moral character at the time citizenship was granted.
2. Concealment or willful misrepresentation of a material fact
The person hid or misstated a fact that was material - meaning it was relevant to and could have affected the decision to grant citizenship. An innocent or immaterial mistake is generally not enough.
3. Concealment of disqualifying membership
Concealing membership in certain organizations that the immigration laws treat as barring naturalization, when that membership was required to be disclosed.
Civil vs. criminal denaturalization - what's the difference?
Civil - 8 U.S.C. Section 1451
- • A lawsuit filed in federal district court to revoke citizenship
- • Burden of proof: "clear, unequivocal, and convincing evidence"
- • No statute of limitations
- • No jail time, but citizenship can be revoked
Criminal - 18 U.S.C. Section 1425
- • A criminal prosecution for unlawfully procuring naturalization
- • Burden of proof: beyond a reasonable doubt
- • Can carry a prison sentence
- • A conviction results in automatic loss of citizenship
The Supreme Court in Maslenjak v. United States (2017) narrowed criminal denaturalization, holding that the government generally must show the misrepresentation actually mattered to the naturalization decision - not merely that a false statement was made. This materiality question is often at the heart of a defense.
What happens if I am denaturalized?
Losing citizenship through denaturalization sets off a chain of consequences that can reach beyond the individual:
- •Revert to prior status: You generally return to your previous immigration status, such as lawful permanent resident, rather than becoming automatically deportable.
- •Possible removal proceedings: If the underlying conduct also makes you removable, the government may start deportation proceedings after denaturalization.
- •Effect on children: Citizenship that children derived through the naturalized parent can be called into question, so a single case can affect an entire family.
- •Loss of citizen benefits: Voting rights, a U.S. passport, and other benefits of citizenship end unless status is restored.
Renewed DOJ enforcement
For most of modern history, denaturalization was pursued only in a small number of cases each year, often involving war crimes or serious fraud. In recent years, the Department of Justice has publicly prioritized and expanded denaturalization efforts, dedicating resources to reviewing naturalization files and referring more cases for civil and criminal action. This shift is why the topic has drawn renewed attention - and why naturalized citizens with questions about their records may want to understand their rights.
How do you defend against denaturalization?
Because the government carries a heavy burden, a denaturalization case is defensible. An attorney evaluates the specific allegations and the evidence, then builds a defense that may include:
Challenging materiality
Arguing that any alleged misstatement or omission was not material - it would not have changed the decision to grant citizenship.
Challenging intent
Showing that a misrepresentation was not willful, but an innocent mistake, misunderstanding, or translation error.
Challenging the evidence
Testing whether the government has met its demanding "clear, unequivocal, and convincing" standard, and scrutinizing the reliability of old records and witnesses.
Procedural defenses
Identifying procedural defects, and in criminal cases, holding the government to the beyond-a-reasonable-doubt standard.
Denaturalization also overlaps closely with removal defense. If you are facing questions about your naturalization, understanding both areas is essential. Learn more about our deportation defense work and the naturalization and citizenship process, or return to our immigration practice overview.
Talk to a Denaturalization Defense Attorney
This page is general information, not legal advice, and every case turns on its own facts. If you have received notice of a denaturalization action, or have questions about your naturalization record, speak with an attorney before responding.
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