Denaturalization: Can a U.S. Citizen Be Deported?
A naturalized U.S. citizen’s citizenship can, under a narrow set of circumstances, be revoked through a process called denaturalization, and if that happens the person may face removal from the United States. Denaturalization applies only to citizens who naturalized—not to those who are citizens by birth—and it happens through a case in federal court, not immigration court, where the government must meet a demanding standard of proof. It has historically been rare, though the Department of Justice made it an enforcement priority in 2025. For the large majority of naturalized citizens who were truthful in their applications, citizenship remains secure.
If you naturalized years ago and are unsettled by recent headlines, it helps to understand exactly what denaturalization is, the narrow grounds for it, and the protections built into the process.
What Is Denaturalization?
Denaturalization is the legal process of revoking the U.S. citizenship of someone who obtained it through naturalization. Once citizenship is revoked, the government no longer recognizes the person as a U.S. citizen, and they generally return to the immigration status they held before—usually lawful permanent resident.
It applies only to naturalized citizens; a person who is a citizen by birth cannot be denaturalized. Denaturalization also comes in two forms: a civil case brought in federal court, which is the most common route, and a criminal case, where loss of citizenship follows a conviction for unlawfully procuring naturalization.
Grounds for Denaturalization
The grounds for denaturalization are narrow. Citizenship can be revoked when it was:
Illegally Procured
The person did not actually meet a legal requirement for naturalization at the time, such as the residence, physical presence, or good moral character requirements.
Procured by Concealment or Misrepresentation
The person hid or lied about something important during the process, and the truth would have mattered to the outcome. Common examples include concealing membership in a persecutory or terrorist organization, or obtaining citizenship through marriage fraud.
Two more specific grounds also exist:
Other-Than-Honorable Military Discharge
Someone who naturalized based on military service can face revocation if they are separated from the armed forces under other-than-honorable conditions before completing the required period of honorable service.
Early Affiliation With Certain Organizations
If a person joins a subversive or terrorist organization within five years of naturalizing, the law treats it as evidence that they concealed their true intentions during the process. That creates a presumption the government can act on, not an automatic revocation.
The Court Process
Civil denaturalization is decided by a federal district court—not an immigration court, and not by an immigration judge. The government files a civil complaint, and the case proceeds like other federal civil litigation.
Most civil cases
“More likely than not”
Denaturalization
“Clear, convincing, and unequivocal evidence”
The burden on the government is deliberately high. To revoke citizenship, it must prove its case by “clear, convincing, and unequivocal evidence” that does not leave the issue in doubt—a stricter standard than the “more likely than not” test used in most civil cases. The Supreme Court has also held that a misrepresentation generally must be material, meaning it actually affected the decision to grant citizenship, so minor or immaterial errors do not support denaturalization. These protections exist because citizenship is such a significant status to take away.
Because the stakes are high and the law is technical, anyone facing denaturalization should be represented by an immigration attorney. You can represent yourself, but it is not advisable.
What Happens After Denaturalization
If a court revokes citizenship, the person typically returns to the status they held before naturalizing, usually lawful permanent resident. That is not automatically the end of the story:
Possible removal.
If the conduct behind the denaturalization is also a ground of removability, removal proceedings can follow.
Loss of citizen rights.
The person loses the rights tied to citizenship, such as voting and holding a U.S. passport.
Risk of statelessness.
If the person holds no other nationality, losing U.S. citizenship can leave them stateless, which creates serious legal and humanitarian problems.
Family members who hold citizenship in their own right are generally not affected. Where a spouse or child’s citizenship was derived from the naturalization being revoked, however, it can be at risk—another reason to get individualized legal advice.
Denaturalization vs. Losing Citizenship Voluntarily
Denaturalization is involuntary: the government takes citizenship away. It is different from losing citizenship through your own actions.
Any U.S. citizen, naturalized or by birth, can lose citizenship by committing an “expatriating act” voluntarily and with the intent to give up their citizenship. That intent is the key protection—an expatriating act does not cost you your citizenship unless you meant for it to. If you act without that intent, you can keep your citizenship, including dual citizenship.
| Expatriating Act | How It May Be Viewed |
|---|---|
| Becoming a citizen of another country after turning 18 | May be viewed as choosing that country over the U.S., if done with intent to relinquish. |
| Swearing an oath of allegiance to another country after turning 18 | May be treated as a sign you no longer wish to be a U.S. citizen. |
| Serving in another country’s military, especially one hostile to the U.S. | May be seen as a significant conflict of loyalty. |
| Working for another country’s government after turning 18 | May matter, especially where it involves an oath or that country’s nationality. |
| Formally renouncing before a U.S. official | The clearest expatriating act; a formal statement that you no longer wish to be a U.S. national. |
| Being convicted of treason | A serious betrayal of the U.S. that can result in loss of nationality. |
Renunciation—formally giving up citizenship before a U.S. official—is the clearest of these. The others generally require proof that you intended to relinquish your citizenship.
Denaturalization Today
Denaturalization has drawn renewed attention. In June 2025, the Department of Justice’s Civil Division issued a memo naming denaturalization one of its top enforcement priorities and directing government attorneys to pursue it in all cases the law and evidence support. The memo lists categories the government intends to prioritize, including national security threats, human rights violators, members of criminal organizations, and people who concealed serious crimes or committed fraud against the government.
This builds on earlier efforts: a wave of cases in the McCarthy era, renewed activity under the Obama administration (known as Operation Janus), and a dedicated DOJ Denaturalization Section created in 2020, later disbanded and then revived as a priority through the 2025 memo.
Even so, the legal framework has not changed. Every case still requires an individual lawsuit in federal court, the heightened burden of proof described above, and, for misrepresentation, materiality. Legal commentators note that these constraints mean denaturalization continues to reach a small number of cases involving serious misconduct, and that for citizens who were honest in their applications, citizenship remains secure.
Critics of the expanded effort raise concerns about due process, the human cost of family separation or statelessness, and the risk of citizenship being used as a political tool; the government frames the effort as protecting the integrity of the naturalization system.
How to Protect Your Citizenship
The best protection against denaturalization is a naturalization application that is complete, accurate, and honest. Because denaturalization turns on illegal procurement or misrepresentation, the surest way to avoid it is to qualify fully and disclose truthfully from the start.
If you are applying for naturalization and have anything complex in your history—a prior immigration issue, criminal history, or a question about a past application—an immigration attorney can help you present it accurately. And if you have received notice of a denaturalization case, get legal help right away, because the deadlines and stakes are significant.
Frequently Asked Questions
Can a natural-born U.S. citizen be denaturalized?
No. Denaturalization applies only to people who became citizens through naturalization. A citizen by birth cannot be denaturalized or deported, though any citizen can renounce citizenship or lose it through a voluntary expatriating act done with the intent to give it up.
How common is denaturalization?
Historically it has been rare, with only a small number of cases each year. The Department of Justice made it an enforcement priority in 2025, so scrutiny has increased, but the high burden of proof and the requirement of an individual federal court case continue to limit it to cases involving serious misconduct or fraud.
Do small mistakes on a naturalization application lead to denaturalization?
Usually not. The government generally must show that a misrepresentation was willful and material—that it actually mattered to the decision to grant citizenship. An innocent or trivial error typically does not meet that standard. Even so, accuracy matters, so it is worth reviewing anything uncertain with an attorney before filing.
Can denaturalization make someone stateless?
It can. If the person holds no other nationality, losing U.S. citizenship may leave them stateless, which carries serious legal and practical consequences. This is one of the concerns raised about the process.
Is denaturalization automatic?
No. The government must file a case—civil denaturalization in federal court, or criminal denaturalization as part of a criminal prosecution—and the person can contest it and appeal an adverse decision.
Talk With Our Attorneys About Denaturalization
Whether you are applying for naturalization and want it done right, or you have received notice of a denaturalization case, the details matter and the stakes are high. For over three decades, Scott D. Pollock & Associates, P.C. has guided people through naturalization, citizenship, and removal defense. Call 312.444.1940 or fill out our online contact form today.