Facing Denaturalization: Should You Self-Deport?
Should You Self-Deport if You Are Facing Denaturalization? Here’s What You Need to Know
Denaturalization Team Lead
Founding Attorney
The United States government is actively targeting individuals who are in the country illegally, and it is encouraging those who are at risk of facing deportation (or removal) to “self-deport.” The government’s self-deportation initiative include targeting individuals who are eligible to have their U.S. citizenship revoked—a process known as denaturalization.
What Should You Do if You Are Facing Denaturalization?
If you are facing denaturalization under the Trump administration’s self-deportation campaign, should you self-deport from the country (and accept the “exit bonus” and waiver of failure to depart fines)? Or, should you fight denaturalization? If your efforts to fight denaturalization are unsuccessful, will you be removed from the United States immediately?
These are all important questions, and they do not have straightforward answers. While the U.S. government is broadly encouraging self-deportation (via the CBP Home app), this is not the best approach for many individuals and families. Ultimately, what you should do depends on your specific circumstances, and you will need to consult with an experienced U.S. immigration attorney to ensure that you are making smart decisions. At Oberheiden P.C., we provide cost-effective legal services for all immigration-related legal matters.
Defenses to Denaturalization: Fighting to Protect Your U.S. Citizenship
One of the first steps toward making smart decisions when you are facing denaturalization is to determine what defenses you have available. The fact that the U.S. Department of Justice (DOJ) or the U.S. Department of Homeland Security (DHS) is seeking to revoke your U.S. citizenship does not necessarily mean that denaturalization is warranted.
Individual circumstances vary, and it is important to understand that the defenses you have available will depend on the specific circumstances of your case. With this in mind, some examples of potential defenses to denaturalization include:
- You Did Not “Illegally Procure” Your U.S. Citizenship – One of the primary grounds for revocation of U.S. citizenship in civil denaturalization cases is “illegal procurement.” If you can successfully challenge the government’s allegations that you illegally procured your U.S. citizenship (i.e., by showing that you met the eligibility criteria for naturalization), this could be enough to avoid denaturalization.
- You Did Not “Conceal” Any “Material Facts” – The other primary ground for revocation of U.S. citizenship in civil denaturalization cases is “concealment of a material fact or willful misrepresentation” during the naturalization process. If the government is pursuing denaturalization based on concealment of a material fact and you can dispute the government’s allegations against you, your U.S. citizenship should not be at risk.
- You Did Not Make Any “Willful Misrepresentations” – Likewise, if you can dispute the government’s allegations that you made a willful misrepresentation in order to obtain U.S. citizenship, this could be enough to avoid denaturalization as well. Again, the specific defense (or defenses) you need to assert will depend on the specific facts of your case.
- The U.S. Government Can’t Meet Its Burden of Proof – In civil denaturalization cases, the U.S. government has the burden of proof. If the government cannot prove that denaturalization is warranted by “clear, convincing, and unequivocal evidence which does not leave the issue in doubt,” then the government should not be able to prevail.
- Mistaken Identify, Misinformation, and Other Similar Defenses – If the U.S. government (or a witness) has mistakenly identified you, if you are facing denaturalization based on misinformation, or if there are any other issues with the government’s case against you, these issues could all be enough to protect your U.S. citizenship. When you speak with an immigration attorney at Oberheiden P.C., your attorney will thoroughly assess all viable options for fighting denaturalization in your case.
As you can see, there are several potential defenses to revocation of U.S. citizenship in denaturalization cases; and, if you have any defenses available, fighting your denaturalization case could be a much better option than self-deportation (via CBP Home). At Oberheiden P.C., we are committed to helping those who are being targeted by the U.S. government, and our attorneys can help you make smart decisions with your long-term best interests (and your family members’ long-term best interests) in mind.
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)
Self-Deportation: Understanding the Risks and Consequences Under U.S. Immigration Law
If you are not likely to succeed in fighting denaturalization, then rather than going to court, it may make sense to consider your other options. These options might include voluntary self-deportation to your home country.
However, self-deportation from the country (via the CBP Home app) is not necessarily as simple, straightforward, or risk-free as Homeland Security makes it seem. While it is true that, “[i]f you are illegally present in the U.S., you can leave at any time,” doing so can have significant ramifications—especially for naturalized citizens. Additionally, if you attempt to self-deport, Immigration and Customs Enforcement (ICE) may still detain you at the border; and, if you haven’t taken steps to protect yourself, there is no guarantee that ICE will simply let you go.
With this in mind, even if you are willing to give up your U.S. citizenship, we still strongly recommend that you speak with an immigration attorney before you do anything that could jeopardize your legal status or your freedom. Once you make an informed decision about what to do, our attorneys can engage with U.S. Citizenship and Immigration Services (USCIS), the Justice Department, or other federal authorities on your behalf if warranted. If you are eligible for protection through the courts, we can seek this protection on your behalf as well. There is a lot to consider, and you owe it to yourself (and your family members) to ensure that you aren’t taking any risks unnecessarily.
Let’s say self-deportation from the country (via CBP Home) is your best option. How should you proceed? Again, the answer to this question depends on your specific circumstances. Generally, however, you should not simply make plans to leave. As we said above, this can be risky under U.S. immigration law—and there are steps our attorneys take on your behalf to help make sure you do not face any unnecessary immigration or legal consequences.
For example, one option in this scenario is voluntary departure. This is not the same as self-deportation using CBP Home.
Under U.S. immigration law, voluntary departure (also referred to as scheduled departure) provides protections that self-deportation does not. However, eligibility criteria apply—so this isn’t an option in all cases. If you decide that fighting denaturalization is not your best option, our attorneys can help you decide whether a scheduled departure is an alternative you want to consider. If you are detained by ICE, voluntary departure may no longer be an option–so it is critical that you do your best to remain compliant with the law during your presence in the United States.
FAQs: Denaturalization, Self-Deportation, Involuntary Removal, and Immigration Enforcement in the United States
Should I Self-Deport if My U.S. Citizenship is At Risk?
If your U.S. citizenship is at risk, you have several options, and you need to carefully consider all of your options before deciding how you want to proceed. While self-deportation (via the CBP Home app) to your home country may make sense in this scenario, you may also have grounds to fight to protect your U.S. citizenship, and you may have other options that provide more protection than self-deportation (which doesn’t really offer any protection) as well. If you are facing denaturalization during (or after) the Trump administration, our immigration attorneys can provide legal support and help you decide what to do.
Will I Be Deported if My U.S. Citizenship is Revoked (and Can I Return Legally)?
Having your U.S. citizenship revoked does not automatically result in deportation (or removal) under the U.S. immigration system. Generally, if your U.S. citizenship is revoked, you will be restored to your immigration status at the time of your naturalization under current immigration law. However, under Secretary Kristi Noem, Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) are pursuing deportation (or removal) of immigrants who have lost their citizenship in some cases—and this is a risk you need to consider when deciding how to handle your situation.
If you are deported to your home country (or to another country) based on allegations of unlawful presence, you may not be able to return legally to the U.S.–at least not for a very long time. Here too, our attorneys can help you make informed decisions that will help keep you out of U.S. immigration court.
What Are the Consequences of a Final Order of Denaturalization?
Denaturalization results in the revocation of your U.S. citizenship. It also results in loss of the rights afforded to U.S. citizens. These include the right to vote, the right to hold a U.S. Passport, and the right to receive certain types of government benefits, among others. Voting or claiming government benefits illegally can have serious consequences–as can engaging in other conduct that is prohibited under the law based on your immigration status.
In some cases, denaturalization can also indirectly lead to deportation (or removal) for immigrants who have lost their U.S. citizenship. If the reason for your denaturalization also constitutes grounds for deportation—or if you are at risk of facing deportation for other reasons following the loss of your U.S. citizenship—you could be detained by immigration enforcement, and then Homeland Security may institute deportation (or removal) proceedings following your denaturalization. Unfortunately, the reality is that ICE arrests and detention are very real risks in today’s political environment, and this is a very real threat that immigrants who have lost their citizenship need to consider.
What Are the Consequences of Self-Deportation?
Voluntary self-deportation via the CBP Home app can have serious legal consequences (and will not necessarily help you avoid arrest), so it is important not to self-deport until you consult with an experienced attorney. These consequences can include being barred from reentry, among others–and the specific risks vary for denaturalized individuals and foreign nationals who are undocumented immigrants.
Additionally, if you attempt to self-deport using the CBP Home app, there is nothing to stop Immigration and Customs Enforcement (ICE) from detaining you at the border—and this can have serious consequences for all aspects of your life. If you are thinking about self-deportation instead of dealing with your denaturalization case, we strongly encourage you to contact us so that we can help you avoid arrest and protect your future.
Can a Lawyer Help Me Fight Denaturalization (Loss of U.S. Citizenship)?
If you are facing loss of U.S. citizenship during (or after) the Trump administration, there are several ways that an experienced lawyer may be able to help you fight denaturalization. There are a variety of potential defenses, and the government has the burden of proving that denaturalization is warranted. You are also entitled to due process, and your lawyer can help protect you rights in court.
Revoking someone’s U.S. citizenship via a final order is a serious matter that the courts do not take lightly; and, if you have any grounds to fight denaturalization and protect your future in the U.S., you will want to rely on an experienced lawyer to assert these grounds on your behalf. With the immigration policy changes under the Trump administration, loss of citizenship is a very real risk (along with ICE arrests, detention, removal, and other immigration-related consequences), and these are not risks that naturalized immigrants can ignore.
Schedule a Free Consultation with a Denaturalization Lawyer at Oberheiden P.C. Today
Do you need to know more about fighting denaturalization and seeking to remain in the U.S., voluntary self-deportation via CBP Home, or the other options you may have available? If so, we strongly encourage you to get in touch. Our law firm provides cost-effective representation for naturalized citizens, undocumented immigrants, and other clients in all legal matters involving the U.S. immigration system, and we can help you make an informed decision about whether to fight to protect your U.S. citizenship or voluntarily depart the country.
To schedule a free consultation about your future with an experienced denaturalization lawyer at the law firm of Oberheiden P.C., call 888-680-1745 or contact us confidentially online today.
