Fighting Denaturalization as a Foreign-Born U.S. Citizen: The Process
Find Out What to Expect if Your U.S. Citizenship is At Risk Due to Denaturalization Efforts
Denaturalization Team Lead
Founding Attorney
In the United States, the formal process of revoking a foreign-born person’s citizenship is referred to as denaturalization. The U.S. Department of Justice (DOJ) has stated that it is prioritizing efforts to pursue denaturalization cases in 2025 and beyond; and, in many cases, it is working with Immigration and Customs Enforcement (ICE) and other authorities to identify individuals who may be targets for revocation of U.S. citizenship.
If you have been identified as a target for revocation of your U.S. citizenship after the naturalization process, it will be important for you to know what you can expect in the weeks and months ahead. It will also be important for you to promptly hire an experienced U.S. denaturalization lawyer, as you will need to ensure that you are making smart decisions and protecting your citizenship, yourself (and your family) by all means available.
A Brief Overview of the Civil Denaturalization Process in the United States
Under the Trump administration, the Justice Department (currently led by Attorney General Pam Bondi) is currently prioritizing civil denaturalization cases. While U.S. federal law allows for denaturalization in both civil and criminal cases, deciding to pursue denaturalization in civil cases is advantageous for the DOJ for a few key reasons. Among them, defendants do not have the right to a court-appointed lawyer in civil cases (though they can hire a private lawyer to represent them); and, in civil cases, the DOJ’s burden of proof is lower than its burden in criminal proceedings.
With this in mind, here is a brief overview of the civil denaturalization process (the process of revoking people’s citizenship) in the United States:
1. The Government’s Investigation (Initiating Denaturalization Proceedings)
Denaturalization cases typically begin with a government investigation. This investigation may result from a systematic review of the federal government’s nationalization records, or it may result from an ICE raid or allegations against a specific individual. Regardless of what triggers the government’s investigation, the key takeaway here is that once you find out you are facing denaturalization, the government already has (or believes it has) evidence against you.
2. The Government’s Denaturalization Lawsuit (Initiating Court Proceedings)
In civil cases, the formal litigation process to revoke a person’s citizenship begins when the federal government files a denaturalization lawsuit. The government must file its lawsuit in federal district court—not in an immigration court. In its lawsuit, the government will state its purported grounds for denaturalization, and it will request that the court issue an order revoking your U.S. citizenship.
3. Your Response to the Government’s Denaturalization Lawsuit
Once the US government files its denaturalization lawsuit, you will have a deadline to respond. You must respond before the deadline in order to avoid the risk of having the judge rule against you without hearing your side of the case. You will want to have your lawyer prepare and file your response on your behalf; and, to give your lawyer as much time as possible, you should schedule a free initial consultation right away.
4. Your Denaturalization Case in Federal District Court
Once the initial stages of your denaturalization case are complete, your case will proceed in federal district court. As your case progresses, the Justice Department and your lawyer may file various motions; the judge may schedule various hearings; and, crucially, you will have the opportunity to find out what evidence the US government intends to use against you. Your lawyer will be able to request this evidence on your behalf, and then your lawyer will be able to examine the evidence to determine the defenses you have available and your likelihood of avoiding denaturalization.
5. The District Court Judge’s Decision Regarding Denaturalization
After considering the evidence presented by the DOJ and your lawyer, the district court judge will issue a decision regarding denaturalization. If the judge determines that denaturalization is warranted, he or she will issue an order to revoke your U.S. citizenship. If the judge determines that the DOJ hasn’t met its burden of proof, the judge will dismiss the government’s lawsuit, and your U.S. citizenship will remain intact.
6. Your Right to Appeal Your Denaturalization (if Necessary)
In civil denaturalization cases, naturalized citizens who are facing loss of their U.S. citizenship have the right to file an appeal if necessary. If the judge handling your denaturalization case sides with the government, your attorney will be able to help you make an informed decision about whether to file an appeal—or whether you are better off considering other alternatives.
If the judge presiding over your denaturalization case issues an order to revoke citizenship, you may need to consult with your attorney regarding other potential legal or immigration risks as well. For example, in many cases, the DOJ’s Civil Division under the Trump administration is pursuing civil denaturalization cases in parallel with criminal cases involving allegations of terrorism (or involvement in terrorist organizations), war crimes, national security threats, and other serious federal offenses. If your U.S. citizenship is revoked, this could also significantly increase your risk of facing deportation (or removal).
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Your Role (and Your Lawyer’s Role) in the Process of Fighting Denaturalization
With these steps in the denaturalization process in mind, you (and your lawyer) have an important role to play in protecting your U.S. citizenship—and protecting your legal rights and freedoms in general. Some of the most important steps you (and your lawyer) should take when you are facing denaturalization include:
- Assessing the Government’s Case for Denaturalization – You should work closely with your lawyer to thoroughly (but promptly) assess the government’s case for revoking your U.S. citizenship.
- Assessing Your Potential Defenses to Denaturalization – After assessing the government’s case against you, your next priority should be to determine what defenses you have available. This will involve reviewing your naturalization records, examining what you said during your naturalization interview, and gathering relevant evidence through other means.
- Building and Executing Your Defense Strategy – With a clear understanding of the defenses that apply in your case, you can then begin the process of building and executing your defense strategy in federal district court.
- Considering Alternatives to a Denaturalization Order (if Necessary) – If you are at risk of facing denaturalization, you may also need to consult with your attorney regarding the alternatives you have available. Having a criminal history, facing accusations of making false statements to a government official or federal agents during the citizenship process, and facing accusations of criminal post-naturalization conduct are all issues that can present additional risks and require special consideration.
- Addressing Any Other Risks You May Be Facing – If you are facing federal criminal prosecution, deportation proceedings (or removal proceedings) or other risks, you will need to thoroughly discuss these risks with your lawyer at his or her law office as well. Criminal convictions can have serious consequences (including immigration-related consequences) regardless of your citizenship status.
These are just examples. If you are at risk of having your citizenship revoked through the civil legal process (if the DOJ is trying to strip citizenship from you), there are numerous additional considerations involved in ensuring that you make informed decisions about your next steps. Working closely with an experienced lawyer is critical, and we strongly encourage you to schedule a free initial consultation with a denaturalization lawyer at our law office as soon as possible.
FAQs: The Process for Revoking U.S. Citizenship (Denaturalization of Naturalized Citizens)
What is the Denaturalization Process for Foreign-Born U.S. Citizens?
The denaturalization process for naturalized citizens varies depending on whether the Justice Department decides to pursue a civil denaturalization case or criminal charges. Currently, the Justice Department is prioritizing civil cases—as these cases often provide an easier path toward revoking U.S. citizenship attained through naturalization. In civil matters, to revoke a person’s citizenship, the government must file a denaturalization lawsuit under U.S. immigration law in federal court, and then a federal judge will consider the evidence from both sides before deciding whether to strip citizenship.
What is the Difference Between Civil and Criminal Denaturalization?
While there are several differences between denaturalization efforts in civil and criminal court, for naturalized citizens who are facing civil denaturalization, two of the key differences are: (i) there is no right to a court-appointed lawyer in civil proceedings; and, (ii) in civil proceedings, the Justice Department has less to do in order to meet its burden of proof. In both types of cases, however, experienced legal representation is critical, and individuals who are facing denaturalization will want to speak with a private lawyer as soon as possible. Your lawyer can address any due process concerns and any other issues with your case, and your lawyer can help protect you against the US government.
What are the Defenses to Denaturalization?
Since the grounds for denaturalization in civil cases generally have to do with representations and omissions made during the naturalization process, the defenses to denaturalization in these cases generally focus on disputing the DOJ’s allegations that you attained U.S. citizenship through fraudulent or criminal means. For example, if the DOJ’s Civil Division is accusing you of concealing material facts about your background or making a willful misrepresentation, defending against denaturalization may involve showing that the DOJ can’t prove that your citizenship was obtained illegally.
What Should I Do if USCIS or the DOJ is Seeking to Revoke Citizenship?
If USCIS (which is part of the U.S. Department of Homeland Security) or the DOJ’s Civil Division is seeking to revoke your U.S. citizenship during (or after) the Trump administration, you need to be very careful. You also need to take action promptly to preserve your ability to fight denaturalization, and you will want to speak with an experienced denaturalization lawyer as soon as possible.
When Should I Hire a Denaturalization Lawyer?
We recommend that you speak with a denaturalization lawyer as soon as you have concerns about possibly losing your U.S. citizenship. Our law firm offers free initial consultations, so there is no reason to wait to speak with a lawyer if you have questions or concerns.
Are You Facing Denaturalization? Contact Us for a Free and Confidential Consultation Today
Are you facing denaturalization as a naturalized U.S. citizen? If so, our lawyers can walk you through the process, and we can help you fight to protect your U.S. citizenship by all means available. We represent clients in denaturalization and other immigration matters–as well as other civil and criminal matters involving all federal agencies–across the country. To get started with a free and confidential consultation, call 888-680-1745 or tell us how we can reach you online today.
