Denaturalization refers to the revocation of United States citizenship from a naturalized citizen by the U.S. government. This isn’t a simple administrative action; it requires a judicial order obtained through either civil proceedings or a criminal conviction related to naturalization fraud. The U.S. Citizenship and Immigration Services (USCIS) plays a crucial role by identifying potential cases and referring them to the Department of Justice (DOJ) when there is sufficient evidence suggesting grounds for denaturalization. The DOJ, through the U.S. Attorney’s Office, then decides whether to pursue revocation of naturalization actions (civil cases) or file criminal charges in Federal District Court. Interestingly, an individual facing such proceedings can choose to voluntarily renounce their U.S. citizenship instead of contesting the case.
An individual who undergoes denaturalization reverts to their previous immigration status before naturalization. This can lead to serious consequences. If the person no longer holds a lawful immigration status, they might face deportation. Furthermore, a criminal conviction leading to denaturalization could also result in jail time.
Main Reasons for Denaturalization
The U.S. government can pursue denaturalization based on two primary grounds:
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Illegal Procurement of Naturalization: This means the individual was not actually eligible for naturalization in the first place. They didn’t meet all the statutory requirements. Even if the individual was unaware of their ineligibility or didn’t intend to deceive, their citizenship can still be revoked. A real-world example of this is the case of Sammy Chang, a naturalized U.S. citizen from South Korea. Chang’s naturalization was revoked after he admitted to smuggling women and forcing them into labor before he became a citizen, reflecting negatively on his moral character. This conduct should have prevented him from becoming a citizen.
Moreover, affiliation with the Communist Party, totalitarian parties, or terrorist organizations within a specific timeframe (ten years before applying or five years after naturalization) can also lead to denaturalization. This is because such affiliations demonstrate a lack of commitment to the principles of the U.S. Constitution.
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Procurement of Naturalization by Concealing a Material Fact or by Willful Misrepresentation: This involves deliberate deceit. If someone fails to disclose or misrepresents a fact that significantly influences the decision to grant citizenship, they can be denaturalized. This concealment or misrepresentation can occur during the naturalization interview or on the application. For instance, misstating employment information to hide real work activities is considered concealment. However, the concealment or misrepresentation must be material to the individual’s ability to obtain citizenship.
Limits on Denaturalization
There are indeed limits to denaturalization. The government faces a high burden of proof when attempting to revoke someone’s citizenship.
In civil denaturalization cases, the government must present “clear, convincing, and unequivocal evidence which does not leave the issue in doubt” that the individual obtained citizenship illegally or concealed/misrepresented a material fact. Notably, there is no statute of limitations for civil denaturalization cases.
For criminal convictions leading to denaturalization, the government must prove “proof beyond a reasonable doubt” that the individual violated 18 U.S.C. § 1425 by knowingly obtaining or attempting to obtain naturalization through fraud. Denaturalization based on a criminal conviction has a ten-year statute of limitations.
The Supreme Court case Maslenjak v. United States (2017) further narrowed the scope of criminal denaturalization. The court ruled that only illegal acts that played a role in the individual’s acquisition of citizenship can lead to denaturalization. In this case, Diana Maslenjak’s citizenship was challenged due to false statements about her husband’s militia membership. The court clarified that “small omissions and minor lies” that didn’t influence the citizenship decision are not grounds for denaturalization. However, how courts will consistently determine whether a false statement played a significant role remains a question.
Denaturalization of Military Service Members and Veterans
Unfortunately, military service members and veterans are not exempt. A service member or veteran who gained citizenship through their military service can be denaturalized if:
- They received citizenship on or after November 24, 2003; and
- They served honorably for less than five years and were separated from the U.S. Armed Forces under other than honorable conditions.
Impact on Family Members
Denaturalization can have a ripple effect, impacting family members. A spouse or child who became a citizen through the naturalization of a spouse or parent will lose their citizenship if:
- They reside in or outside the U.S. at the time of revocation; and
- The spouse or parent’s citizenship is revoked because of concealing a material fact or willful misrepresentation.
A spouse or child could lose their citizenship if:
- They reside outside the U.S. at the time of revocation; and
- The spouse or parent’s citizenship is revoked due to affiliation with certain organizations within five years of naturalization or for separating from the U.S. Armed Forces under other than honorable conditions before completing at least five years of honorable military service.
However, a spouse or child does not lose citizenship if the spouse or parent’s citizenship is revoked due to the illegal procurement of naturalization.
Increasing Denaturalization Cases
Regrettably, the number of denaturalization cases is increasing. Between 1990 and 2017, the DOJ filed 305 cases (an average of 11 per year). Since January 2017, USCIS has identified approximately 2,500 cases for possible denaturalization and referred at least 110 cases to the DOJ by August 2018. In 2017 alone, the DOJ filed at least 30 denaturalization cases, double the number filed in 2016.
Historically, denaturalization was reserved for individuals who committed severe crimes, such as war criminals and terrorist funders. The case of John (Ivan) Kalymon, a Nazi war criminal who killed Jews, highlights this. The government’s focus on extreme cases reflected a desire to use limited resources effectively.
Concerns About Denaturalization Efforts
Concerns have arisen due to increased denaturalization efforts. The Trump administration created a new office within USCIS specifically to review and initiate denaturalization proceedings. This office focuses on individuals who were deported and are suspected of using false identities to obtain LPR status and citizenship. USCIS plans to refer thousands of cases to the DOJ.
Given that there are over 20 million naturalized Americans, there are valid fears that the government’s efforts could lead to the revocation of citizenship for individuals who made minor or unintentional errors on their applications. Some questions during the naturalization process are broad, and the definition of a material offense remains unclear. This broad interpretation, combined with the lack of a statute of limitations for civil denaturalization, could negatively impact many naturalized Americans.
The case of Norma Borgono, a grandmother sued for naturalization fraud for not disclosing her role in a fraud scheme, illustrates this concern. The DOJ argued she should have disclosed her participation, even though she wasn’t charged with a crime at the time of her application.
The Federal Government’s Focus on Denaturalization
Efforts to identify individuals who should have been barred from naturalization aren’t new. Operation Janus, initiated in 2010, aimed to identify such individuals. USCIS checks fingerprints against DHS and FBI databases. Operation Janus revealed that many older fingerprint records hadn’t been digitized, creating the possibility that individuals with criminal records or deportation orders could have naturalized under alternate identities.
A 2016 report revealed at least 858 cases of people who obtained citizenship using alternate identities due to un-digitized fingerprint records. As a result, thousands of cases have been flagged for review, and hundreds have been referred to the DOJ for denaturalization proceedings. USCIS intends to refer even more cases for prosecution. In conclusion, while denaturalization is a legal process, its increasing frequency and potential impact raise significant concerns about fairness and due process for naturalized U.S. citizens.
