Denaturalization is the process by which the federal government seeks to revoke the U.S. citizenship of a naturalized person. Traditionally, this remedy was used in very limited cases, such as war criminals, when fraud was discovered, or when criminal records were discovered that were not disclosed at the time of the citizenship application. However, in recent years, the scope of denaturalization has expanded, influenced by political changes.

How does the denaturation process work?

The process typically begins when the Department of Homeland Security (DHS) refers a case to the Department of Justice (DOJ). From there, the Attorney General's Office decides whether to proceed with the case. Cases can be criminal or civil:

• Criminal cases: have a statute of limitations of ten years.
• Civil cases: There is no time limit and the person does not have the right to a government-appointed attorney.

If denaturalization occurs, the person reverts to their previous immigration status, which often leads to removal proceedings. Furthermore, denaturalization can also affect family members who derived their citizenship from that person.

Recent developments

In the summer of 2025, the Department of Justice issued new Civil Division Enforcement Priorities, which establish who should be prioritized.

• In criminal proceedings, the government must prove “beyond a reasonable doubt” that citizenship was obtained illegally.
• In civil proceedings, the standard of proof is lower, although still demanding: “clear, convincing, and beyond a doubt evidence.”

Priority Categories for Application

The DOJ has identified several categories of individuals who may be subject to denaturalization, including those who:

• They represent a threat to national security (terrorism or espionage).
• Have committed torture, war crimes or human rights violations.
• Participate in organized crime, drug cartels, or transnational gangs.
• Have committed serious crimes not disclosed during naturalization.
• Are involved in human trafficking, sexual offenses, or violent crimes. 
• Have committed financial fraud or corruption.
• Have obtained citizenship through fraud, false statements, or government corruption.
• Have pending criminal charges that the DOJ considers sufficiently relevant to proceed.

The scope of these categories is broad and even allows for cases that do not fit perfectly but are referred to the Civil Division.

Rights of Naturalized Persons

Despite these risks, naturalized citizens retain the same constitutional rights as any U.S. citizen, including protection from deportation, the right to vote, and access to federal benefits and family petition processes. It's important to emphasize that the eligibility requirements for naturalization have not changed: being at least 18 years old, having a three-year permanent residence permit, English proficiency, knowledge of U.S. history and government, good moral character, and physical presence and continuous residence in the country.

Stay Informed and Protected

Naturalized individuals and their families should stay informed about policy changes, know their rights, and seek legal advice if they have any questions. Although denaturalization is rare, government discretion makes it necessary to be vigilant and well-prepared.

For those wishing to naturalize, it's important to remember that the law hasn't changed: the eligibility requirements remain the same and only Congress can change them. It's recommended that you consult with a trusted legal representative before applying to ensure a safe process.