Denaturalization: Who May Lose Citizenship, How The Proceedings Begin, And What The Consequences Are
27 November 2024
Becoming a U.S. citizen is often seen as the ultimate goal for immigrants. It is a moment of pride, accomplishment, and security. However, citizenship is not always permanent. While it is rare, the U.S. government can revoke citizenship through a process known as denaturalization. As a New York immigration lawyer with years of experience handling complex immigration and citizenship matters, I have seen how the possibility of denaturalization can create anxiety for individuals. In this blog, I will explain who may lose citizenship, how denaturalization proceedings are initiated, and the serious consequences of this process.
If you are concerned about your citizenship status or facing legal issues related to denaturalization, consult a trusted NYC citizenship lawyer to protect your rights. At my law office, I provide tailored guidance to help you navigate this complex area of law.
Who May Lose U.S. Citizenship?
U.S. citizenship can be revoked in specific circumstances where the government believes it was obtained unlawfully or under false pretenses. The Immigration and Nationality Act (INA) outlines the grounds for denaturalization, which include:
1. Fraud or Misrepresentation in the Naturalization Process
One of the most common reasons for denaturalization is fraud or misrepresentation during the naturalization process. This occurs when an individual provides false information or omits critical details in their application (Form N-400) or during the citizenship interview. Examples include:
- Lying about criminal history.
- Concealing prior orders of removal or deportation.
- Misrepresenting marital status or relationships to obtain immigration benefits.
2. Membership in Certain Organizations
Engaging in activities or being a member of organizations that are deemed to oppose U.S. interests can result in denaturalization. For instance, if someone was part of a Nazi group or committed atrocities during World War II, they may be subject to denaturalization.
3. Participation in Criminal Activities
Certain criminal activities, especially those related to terrorism, espionage, or war crimes, can serve as grounds for denaturalization. If evidence surfaces that an individual was involved in such activities before or after becoming a citizen, the government may move to revoke their citizenship.
A recent case in the U.S. Court of Appeals for the 2nd Circuit, Farhane v. United States, is an example of a federal circuit denaturalization case: Abderrahmane Farhane became a naturalized U.S. citizen in 2002, but the government filed a complaint to denaturalize him in 2018. Farhane argued that his trial counsel failed to inform him that pleading guilty could lead to denaturalization and deportation. The District Court denied his motion, and the 2nd Circuit affirmed the ruling. On October 31, 2024, the en banc panel of the 2nd Circuit ruled in favor of Farhane. The panel vacated the District Court's judgment and remanded the case so the District Court could reevaluate Farhane's claim. The panel ruled that a naturalized citizen has the right to be advised by counsel of the risk of denaturalization and deportation when considering a guilty plea.
4. Refusal to Testify in Congressional Investigations
Citizenship can be revoked if an individual refuses to testify in congressional hearings related to national security matters within ten years of becoming naturalized.
5. Naturalization Through Fraudulent Marriage
If an individual obtained their green card through a fraudulent marriage and later naturalized, they could face denaturalization if the fraud is discovered.
6. Failure to Meet Eligibility Requirements
Failing to meet the eligibility requirements for naturalization, such as not having the requisite physical presence in the U.S. or failing to maintain lawful permanent resident (LPR) status, can lead to denaturalization.
How Do Denaturalization Proceedings Begin?
Denaturalization is a civil or criminal process, and it typically begins with an investigation conducted by the Department of Homeland Security (DHS), the Department of Justice (DOJ), or other federal agencies. Below are the steps involved:
1. Investigation
The government investigates allegations that the individual obtained citizenship unlawfully. This process may involve reviewing immigration records, criminal history, and any information provided during the naturalization process. The investigation can be triggered by:
- Whistleblower reports.
- Routine audits of immigration files.
- Discovery of fraud during unrelated legal proceedings.
More about DOJ denaturalization efforts: https://www.justice.gov/opa/pr/department-justice-creates-section-dedicated-denaturalization-cases. Examples of their cases as reported on their website:
National Security/Terrorism
- U.S. v. al Dahab, No. 15-cv-5414 (D.D.C.): Successful civil denaturalization of individual convicted of terrorism offenses in Egypt who admitted recruiting for al Qaeda within the United States and running a communications hub in California for the Egyptian Islamic Jihad terrorist organization. The defendant was denaturalized while in Egypt, stripped of his passport, and prevented from returning to the United States.
- U.S. v. Kariye, No. 15-cv-1343 (D. Or.): Successful civil denaturalization of individual who received military training in a jihadist training camp in Afghanistan; coordinated with Osama bin Laden and other known terrorist leaders; and was associated with terrorist organizations including Makhtab Al-Khidamat, a U.S. government-designated terrorist organization and pre-cursor to al Qaeda. The Office of Immigration Litigation coordinated a settlement that facilitated the defendant’s self-deportation to Somaliland despite his presence on No Fly List.
- U.S. v. Hamed, No. 2:18-cv-0424 (W.D. Mo.): Successful civil denaturalization of an individual convicted of conspiring to illegally transfer more than $1 million to Iraq in violation of federal sanctions and of obstructing internal revenue laws with respect to tax-exempt charities. In furtherance of those crimes, the defendant regularly authorized and transferred tax-exempt funds from a non-profit organization’s accounts in the United States to an account in Jordan controlled by a Specially Designated Global Terrorist.
War Crimes & Human Rights Violators
- U.S. v. Dzeko, No. 18-cv-759 (D.D.C.): Successful civil denaturalization of an individual who was convicted in Bosnia of executing eight unarmed civilians and POWs during the Balkans conflict. Defendant was denaturalized while incarcerated in a Bosnian prison, and thereby prevented from returning to the United States upon his release.
- U.S. v. Yetisen, No. 18-cv-570 (D. Or.): Successful civil denaturalization of an individual who pled guilty in Bosnia of executing six unarmed civilians and POWs during the Balkans conflict.
Sex Offenders
- U.S. v. Omopariola (N.D. Tex.): Successful civil denaturalization of an individual engaged in sexual contact with a 7-year-old family member.
- U.S. v. Lopez, No. 18-cv-00527 (D. Md.): Successful civil denaturalization of an individual who sexually abused a minor victim for multiple years.
- U.S. v. Arizmendi, No. 4:15-cv-454 (S.D. Tex.): Successful civil denaturalization of an individual convicted of multiple sex offenses, including as to students. The defendant was denaturalized while incarcerated in a Mexican prison related to a sex offense, and thereby prevented from returning to the United States upon his release.
Fraudsters & Other Criminals
- U.S. v. Mondino, No. 18-cv-21840 (S.D. Fla.): Successful civil denaturalization of an individual convicted of conspiring to defraud the U.S. Export-Import Bank of more than $24 million, resulting in more than $12 million in unrecovered losses. Because of the denaturalization proceedings, the defendant self-deported.
- U.S. v. Warsame cases, Nos. 17-cv-5023, -5024, -5025, -5027 (D. Minn.): Successful civil denaturalizations of four individuals who fraudulently claimed to be a family to gain admission to the United States through the Diversity Immigrant Visa Program.
2. Filing of a Civil Denaturalization Lawsuit
In most cases, denaturalization proceedings are civil, not criminal. The DOJ files a lawsuit in federal court against the naturalized citizen. The burden of proof rests on the government, which must show by "clear, convincing, and unequivocal evidence" that the individual obtained citizenship illegally or fraudulently.
3. Criminal Denaturalization
In cases involving severe fraud, terrorism, or other crimes, the government may pursue criminal denaturalization. This involves filing criminal charges against the individual. If convicted, they lose their citizenship as part of the sentencing.
4. Notice and Opportunity to Respond
In both civil and criminal cases, the individual has the right to be notified of the proceedings and to respond. It is critical to consult an experienced NYC citizenship lawyer at this stage, as the consequences of denaturalization can be life-altering.
5. Court Proceedings
The case is heard before a federal judge. If the court finds in favor of the government, it will issue an order revoking the individual's citizenship.
6. Appeals
An individual who loses their citizenship through denaturalization has the right to appeal the decision to a higher court. This is another area where having a skilled New York immigration lawyer is invaluable.
What Are the Consequences of Denaturalization?
The consequences of losing U.S. citizenship are severe and far-reaching. Denaturalization can impact not only the individual but also their family and future opportunities.
1. Loss of Citizenship
The most immediate consequence is the revocation of U.S. citizenship. The individual reverts to their previous immigration status, which could be that of a lawful permanent resident (LPR), undocumented immigrant, or another non-citizen classification.
2. Risk of Deportation
If the individual is no longer eligible to remain in the U.S. under their prior immigration status, they may face removal proceedings. This is particularly common if the individual had prior criminal convictions or fraud in their immigration history.
3. Loss of Rights and Privileges
Denaturalization strips the individual of the rights and privileges associated with U.S. citizenship, including:
- The right to vote.
- The ability to hold a U.S. passport.
- Access to certain government benefits.
- Protection from deportation.
4. Impact on Family Members
Denaturalization can have a ripple effect on family members. For example:
- If a parent is denaturalized, their minor children who derived citizenship through them may lose their citizenship as well.
- Spouses and other relatives may face scrutiny regarding their immigration status.
5. Reputational Damage
The public nature of denaturalization proceedings can harm an individual’s reputation, especially in criminal cases. This can affect personal relationships, employment opportunities, and community standing.
How Can a New York Immigration Lawyer Help?
Denaturalization is a complex legal process, and it requires a strong defense to protect your rights and status. If you are facing potential denaturalization or want to safeguard your citizenship, consulting an experienced NYC citizenship lawyer is essential.
1. Analyze Your Case
An immigration lawyer will thoroughly review your case, including your naturalization process, immigration history, and any allegations made by the government.
2. Build a Defense
A lawyer can build a strong defense to challenge the government’s claims. For example, they may demonstrate that:
- There was no intent to commit fraud or misrepresentation.
- The government’s evidence is insufficient or unreliable.
- The statute of limitations for denaturalization has expired.
3. Represent You in Court
Your lawyer will represent you in federal court, ensuring that your rights are protected throughout the proceedings.
4. Appeal Unfavorable Decisions
If the court rules against you, your lawyer can file an appeal and continue fighting to protect your citizenship.
Preventing Denaturalization: Tips for Naturalized Citizens
While denaturalization is rare, it is important to take steps to safeguard your citizenship. Here are some tips:
- Be Honest in Your Application: Always provide truthful and accurate information on your Form N-400 and during your naturalization interview.
- Keep Records: Maintain copies of all documents related to your immigration and naturalization processes.
- Consult an Immigration Lawyer: If you are unsure about your eligibility for naturalization or any potential issues in your case, consult an NYC citizenship lawyer before applying.
Conclusion
Denaturalization is a serious legal process with severe consequences. Whether you are concerned about your citizenship status or facing denaturalization proceedings, it is essential to act quickly and seek legal assistance. As a dedicated New York immigration lawyer, I have helped countless clients protect their rights and navigate the complexities of U.S. immigration law.
If you or someone you know is dealing with denaturalization issues, contact my office today. I offer personalized consultations to help you understand your options and take proactive steps to protect your citizenship. Call now or visit shautsova.com to schedule your consultation.
By emphasizing honesty, maintaining detailed records, and seeking legal assistance, you can safeguard your U.S. citizenship and ensure a secure future in the United States.