Grounds for Denaturalization (Revocation of U.S. Citizenship)

Learn About the Issues that Could Put Your U.S. Citizenship At Risk

If you became a U.S. citizen through the naturalization process, you could be at risk of losing your citizenship through the process of denaturalization. While there are only limited statutory grounds for revoking a naturalized citizen’s U.S. citizenship, the U.S. Department of Justice (DOJ) issued a policy memo on June 11, 2025 stating that it intends to pursue—and prioritize—civil denaturalization cases targeting foreign-born U.S. citizens through a wide range of means.

As a result, if you are a naturalized U.S. citizen, it is important to understand your risk of facing denaturalization; and, if your U.S. citizenship may be at risk, you will need to make informed decisions with your long-term best interests in mind. Our attorneys can help; and, if you are facing denaturalization, we can provide legal advice and representation throughout the process.

The Statutory Grounds for Denaturalization (to Revoke Citizenship): 8 U.S.C. Section 1451

The primary statutory grounds for civil denaturalization are listed in 8 U.S.C. Section 1451. Under 8 U.S.C. Section 1451(a), the United States may revoke a foreign-born U.S. citizen’s citizenship for either of the following reasons:

• The foreign-born U.S. citizen’s certificate of citizenship was “illegally procured;” or,
• The foreign born U.S. citizen’s certificate of citizenship was “procured by concealment of a material fact or by willful misrepresentation.”

U.S. Citizenship and Immigration Services (USCIS) recognizes these as the primary grounds for revocation of naturalization; and, in its June 11, 2025 policy memo, the DOJ acknowledges that it, “may institute civil proceedings to revoke a person’s United States citizenship if an individual either ‘illegally procured’ naturalization or procured naturalization by ‘concealment of a material fact or by willful misrepresentation.’”

While there are additional grounds for denaturalization, these grounds only apply in extremely limited circumstances; and, at present, the government appears to be focusing specifically on pursuing civil denaturalization cases under 8 U.S.C. Section 1451.

1. “Illegally Procured” U.S. Citizenship

A person’s U.S. citizenship is “illegally procured” if that person was not eligible for naturalization at the time he or she became a U.S. citizen. As USCIS explains, “any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person.” This means that a civil denaturalization proceeding under 8 U.S.C. Section 1451 can be based on:

• Failure to meet the residency or physical presence requirement for U.S. citizenship (i.e., while you were a lawful permanent resident)
• Noncompliance with the lawful admission requirement for permanent residence (i.e., you entered the country illegally)
• Lacking “good moral character”
• Lacking “attachment to the Constitution”

In cases involving illegal procurement, no intentional concealment or willful misrepresentation to USCIS is required. If you were not eligible to become a U.S. citizen at the time of your naturalization, then you are at risk of facing denaturalization under U.S. federal law.

2. U.S. Citizenship “Procured By Concealment of a Material Fact or By Willful Misrepresentation”

Along with illegal procurement, U.S. federal law also authorizes denaturalization of foreign-born U.S. citizens based on “concealment of a material fact” or “willful misrepresentation”—or, as USCIS refers to it, “deliberate deceit.” To pursue revocation of citizenship based on deliberate deceit, the government must be able to prove each of the following requirements:

• The person facing denaturalization misrepresented or concealed a fact prior to naturalization (i.e., that the person had been convicted of one or more disqualifying crimes);
• The person’s misrepresentation or concealment was willful;
• The fact that the person misrepresented or concealed was material to his or her naturalization; and,
• The misrepresentation or concealment resulted in the person’s naturalization.

Both willful statements and willful omissions during a naturalization interview (or at other times during the naturalization process) can constitute grounds for revocation of citizenship. Regarding concealment of material facts, the term “material” refers to the importance of the fact to the United States’ decision to award citizenship. The concealed fact or false information does not necessarily need to have been enough to change the United States’ decision on its own. Rather, as USCIS explains, “[t]he test for materiality is whether the misrepresentations or concealment had a tendency to affect the decision,” regarding naturalization. This provides a significant amount of leeway for the government to argue that denaturalization is warranted even without unequivocal evidence that a representation or omission impacted the citizenship application process.

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The DOJ’s June 11, 2025 Policy Memo Prioritizing Denaturalization Proceedings

The current emphasis on denaturalization is the result of a policy memo that the U.S. Department of Justice published on June 11, 2025. In the policy memo, the DOJ writes:

“The [DOJ’s] Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence. To promote the pursuit of all viable denaturalization cases available under 8 U.S.C. § 1451 . . . the Civil Division has established . . . categories of priorities for denaturalization cases”

Thus, the DOJ’s policy memo makes clear that its Civil Division intends to pursue denaturalization specifically under 8 U.S.C. Section 1451—which, again, allows for revocation only in cases involving illegal procurement or involving concealment or willful misrepresentation (providing false information) during the naturalization process. This is critical to keep in mind when reading the DOJ’s “categories of priorities,” which are as follows:

• Naturalized citizens who are members of terrorist organizations or present potential dangers to national security;
• Naturalized citizens who have engaged in torture, war crimes, and other human rights violations;
• Naturalized citizens who “further or have furthered the unlawful enterprise” of gangs, drug cartels, and transnational criminal organizations;
• Naturalized citizens who committed felonies and failed to disclose their criminal history during the naturalization process;
• Naturalized citizens who committed human trafficking offenses, sex offenses, and other violent crimes;
• Naturalized citizens who have committed financial fraud against the United States government (including Medicare fraud, Medicaid fraud, and Paycheck Protection Program (PPP) fraud);
• Naturalized citizens who have committed fraud against private individuals or certain organizations;
• Naturalized citizens who became citizens through other forms of “government corruption, fraud, or material misrepresentations;”
• Cases referred to the DOJ “in connection with pending criminal charges;” and,
• Other cases referred to the DOJ that it determines to be “sufficiently important to pursue.”

As we said above, when reading this list, it is critical to keep the fundamental requirements of 8 U.S.C. Section 1451 in mind. Since Section 1451 specifically covers information provided and omissions made during the naturalization process, matters such as pending criminal charges generally do not provide grounds for denaturalization in civil cases under U.S. immigration law.

While the government may choose to prioritize cases in which naturalized citizens are also facing pending criminal charges (or have faced allegations or convictions since becoming U.S. citizens), in order to meet its burden of proof, the government must generally be able to establish one of the two statutory grounds discussed above. If it does so, denaturalization can result in being restored to your previous immigration status (i.e., as a lawful permanent resident), and it can also lead to deportation proceedings in some cases.

FAQs: Grounds for Revocation of U.S. Citizenship (Denaturalization) After the Naturalization Process

Speak with a U.S. Denaturalization Lawyer at Oberheiden P.C. for Free

If have concerns about your U.S. citizenship status, if you need to know more about the grounds for denaturalization, or if you need to know what you can (and should) do if your citizenship or immigration status is at risk, we encourage you to contact us promptly. To speak with a U.S. denaturalization lawyer at Oberheiden P.C. for free, call 888-680-1745 or contact us confidentially online now.

Further Information About Our Denaturalization Lawyer Services

• Denaturalization Attorney
• Facing Denaturalization: Should You Self-Deport?
• Fighting Denaturalization as a Foreign-Born U.S. Citizen: The Process
• What To Do if You Are Facing Denaturalization
• Immigration Fraud Lawyer