A naturalized U.S. citizen can face deportation, which is extremely rare and only occurs under specific circumstances. It involves a legal process known as denaturalization, where the government formally revokes the individual's citizenship.
Naturalized citizenship is a remarkable achievement, granting individuals the same rights and privileges as those who are born citizens of a country. It is a process through which foreign nationals become citizens of a different country by fulfilling specific requirements and going through legal procedures. Once naturalized, these individuals are generally considered permanent residents, entitled to live and work in the adopted country indefinitely.
However, despite the security that comes with naturalization, an underlying question often arises: can a naturalized citizen be deported?
If an alien goes through the process of obtaining lawful permanent resident status and then becomes a U.S. citizen through the naturalization process, the new citizen is protected from deportation. The only way such a new citizen could be deported is if the government first denaturalized the citizen.
Key Takeaways:
• Deportation generally applies only to naturalized citizens who violate specific immigration laws.
• Even for a naturalized United States citizen, deportation requires due process and specific legal grounds like immigration fraud.
• If facing deportation proceedings, individuals have significant legal rights and access to representation.
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Naturalized citizenship is a significant milestone, allowing foreign nationals to gain the rights, responsibilities, and protections of U.S. citizens. This process involves fulfilling strict legal requirements, such as residency, demonstrating good moral character, and knowledge of U.S. history and government. Once granted, naturalized citizens are considered permanent residents, free to live and work in the U.S. indefinitely.
But can citizens be deported?
Despite these rights, concerns about deportation occasionally surface. While naturalized citizens are generally safeguarded from deportation, the revocation of citizenship through denaturalization could lead to such outcomes.
Denaturalization is very rare, and the government has to meet a very high burden in order to obtain denaturalization. Almost always, an attempt by the government to denaturalize someone is based upon the government's claim that a new fact has been discovered, which, if known at the time of naturalization, would have prevented the alien from ever being naturalized. This means that the naturalized citizens used a false identity or perpetrated some other kind of fraud on the immigration service.
An attempt to denaturalize someone usually involves litigation brought by the U.S. government in federal court. The Department of Homeland Security takes the position that it can denaturalize someone in an administrative proceeding, but at least one court has held that the regulations that purport to allow DHS to denaturalize someone lack statutory authorization and are, therefore, void.
Once denaturalization proceedings are initiated, the case is brought before an immigration court. The burden of proof lies with the government, which must provide clear and convincing evidence that the individual obtained their United States citizenship through fraud or misrepresentation. The individual facing denaturalization has the right to present evidence and mount a defense against the allegations.
If the court finds in favor of the government, the individual's U.S. citizenship is revoked, and they are stripped of their rights as a naturalized citizen. This can have severe consequences, as it opens the door for potential deportation and separation from their families and communities.
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• A naturalized citizen can lose their citizenship if a consular or diplomatic officer later discovers that the citizenship was obtained through concealment, misrepresentation, or fraud.
• A dishonorable military discharge can affect a person’s citizenship obtained through military service under wartime provisions.
• Revocation is possible if one fails to disclose criminal activities or file a false tax return, especially during a naturalization interview with a government official.
• Even dual citizenship or being a natural-born citizen doesn’t protect people from investigation if they join in subversive acts or fraudulent misrepresentation. Denaturalization needs a court order issued by a federal court or an immigration judge.
When U.S. citizenship is revoked, the individual reverts to their prior immigration status, often as a lawful permanent resident. This citizenship status can make them vulnerable to deportation based on the original grounds.
The loss of citizenship also results in:
Losing citizenship means losing the protection it provides against deportation. As a lawful permanent resident, individuals are subject to deportation if they:
• Were originally naturalized under fraudulent pretenses or by concealing disqualifying information, such as a criminal record or prior deportation order.
• Commit any deportable offenses, including certain criminal acts or violations of immigration laws, while in their restored green card status.
Without citizenship, individuals no longer enjoy the full protections of U.S. law.
Denaturalization can have devastating consequences for families.
• Spouses and Children. If family members derive citizenship based on the individual's naturalization, they may also lose citizenship or be deported.
• Emotional Strain. Families often experience emotional and financial hardship due to forced separation.
• Loss of Residency Pathways. In some cases, family-sponsored immigration petitions filed by the denaturalized individual may be invalidated.
Citizenship confers the right to vote, take part in democratic processes, and access benefits exclusive to U.S. citizens. The revocation can lead to:
• Disenfranchisement. Denaturalized individuals lose their ability to vote in federal, state, or local elections.
• Forfeiture of Federal Benefits. Social Security benefits, federal financial aid for education, and certain healthcare services may become inaccessible.
• Impact on Employment. Federal jobs requiring U.S. citizenship or security clearances may no longer be available.
Denaturalization can have lasting effects on an individual’s personal and professional life.
• Reputational Damage. Being labeled as someone who committed fraud to obtain citizenship can tarnish an individual’s reputation.
• Social Alienation. Friends, neighbors, and colleagues may distance themselves, leaving the individual socially isolated.
• Media Scrutiny. High-profile denaturalization cases often attract media attention, amplifying the individual’s public humiliation.
After losing citizenship, the individual may face hurdles in reapplying for immigration benefits:
• Immigration authorities will closely examine any future applications, making approval more challenging.
• Depending on the grounds, the individual may be barred from seeking citizenship or even legal residency in the U.S. again.
Denaturalization doesn't just impact the individual—it reverberates through their families and communities. Families may face uncertainty, while communities lose contributors who were once active members.
A naturalized U.S. citizen can have their citizenship revoked for several reasons. Given the serious consequences of denaturalization and potential deportation, individuals facing these challenges often turn to immigration lawyers for assistance.
Our immigration lawyers can help individuals gather evidence to refute the government's allegations of fraud or willful misrepresentation. They can also argue that the government's evidence is insufficient or that the alleged fraud is not material to the decision to change immigration status from being a lawful permanent resident to a naturalized U.S. citizen.
Additionally, a St. Louis immigration attorney can explore other avenues to protect their clients from deportation.
If you have questions about denaturalization or if someone is claiming that you or a loved one committed fraud in the immigration context or anything related to immigration law and citizenship and immigration services, you should consult with an experienced immigration lawyer. Please call us at (314) 961-8200 or visit our contact page.
