Skip to content
Carlos Maury Law
Former Immigration Judges
← All news

Denaturalization: Losing U.S. Citizenship

By Carlos Maury · ·6 min read
Denaturalization: Losing U.S. Citizenship

For most naturalized citizens, the oath of allegiance is the end of a long road. But citizenship is not always permanent. In rare cases, the federal government can go to court to take it back. This process is called denaturalization, and recent enforcement actions have put it back in the headlines.

This article explains what it means to revoke U.S. citizenship, the legal grounds the government must prove, and what a naturalized citizen should do if they receive a notice. It is informational only and is not legal advice. If your citizenship is being questioned, talk to an immigration attorney.

A Recent Example: 17 Citizens Targeted

In a June 12, 2026 announcement, U.S. Citizenship and Immigration Services described a Justice Department effort to strip citizenship from 17 naturalized citizens. According to that release, the cases involved people accused of serious crimes — including sexual abuse of minors, large-scale fraud schemes (healthcare, securities, and casino fraud), drug distribution, and identity or document fraud. (USCIS news release)

The release made the government's framing plain: officials described citizenship as a privilege that must be earned honestly, and said they would use lawful tools to denaturalize and remove people who exploited the immigration system. The Justice Department's Office of Immigration Litigation coordinated the cases with USCIS, ICE, and U.S. Attorney's Offices across multiple jurisdictions. (USCIS news release)

The takeaway for readers is not that ordinary citizens are at risk. It is that denaturalization is an active enforcement priority, and it is worth understanding how it works.

What the Law Actually Requires

Denaturalization is governed by federal statute, 8 U.S.C. § 1451 (also called INA § 340). Civil cases proceed in federal district court, and the law gives naturalized citizens specific protections.

The Two Main Grounds

Under § 1451(a), the government can ask a court to cancel a naturalization order on the ground that it was "illegally procured or . . . procured by concealment of a material fact or by willful misrepresentation." (8 U.S.C. § 1451, Cornell LII) That language breaks into two paths:

A Heavy Burden of Proof

The government does not get the benefit of the doubt. In Fedorenko v. United States (1981), the Supreme Court confirmed that the government carries a heavy burden and that evidence justifying revocation must be clear, unequivocal, and convincing. (Fedorenko v. United States, 449 U.S. 490) That is a higher standard than the "preponderance of the evidence" used in most civil lawsuits.

At the same time, Fedorenko set a hard limit. The Court held that once the government meets that burden — proving citizenship was obtained illegally or by willful misrepresentation — a district court has no equitable discretion to let the person keep their citizenship based on good behavior or sympathetic circumstances. (Fedorenko v. United States, 449 U.S. 490)

Notice and a Chance to Respond

The statute builds in due process. Under § 1451(b), a person facing a civil denaturalization petition is entitled to 60 days' personal notice to answer the government's case, unless that notice is waived. (8 U.S.C. § 1451, Cornell LII) This is a court proceeding, not an administrative decision an agency makes on its own.

Civil vs. Criminal Denaturalization

There are two separate tracks, and the difference matters.

What Losing Citizenship Means

Denaturalization is not symbolic. Under § 1451, revoking a naturalization order is effective as of the original date the person was admitted to citizenship — a principle courts call the "relation-back" doctrine. (8 U.S.C. § 1451, Cornell LII) In practical terms, a person reverts to the immigration status they held before naturalizing. That can expose them to removal (deportation) proceedings.

What to Do If You Receive a Denaturalization Notice

If you are served with a denaturalization complaint or summons, treat it as urgent.

  1. Do not ignore it. You have a limited window to respond, and deadlines in federal court are strict.
  2. Do not assume guilt or innocence based on the complaint alone. The government still has to prove its case by clear, unequivocal, and convincing evidence.
  3. Gather your records — your naturalization application (Form N-400), green card history, and anything related to the facts being questioned.
  4. Talk to an immigration attorney right away. These cases turn on detailed facts and complex law.

Carlos Maury Law is a national firm of former U.S. Immigration Judges who now represent people facing immigration proceedings. To be clear, our attorneys are no longer on the bench and cannot influence any sitting judge or any pending case — but they bring deep, firsthand knowledge of how the system works. If your citizenship or immigration status is at stake, call (213) 769-0050 or request a consultation. Hablamos Español.

Prior results do not guarantee a similar outcome. This article is informational and does not create an attorney-client relationship.

Frequently Asked Questions

Can the government take away my citizenship for any reason?

No. It must prove a specific legal ground under 8 U.S.C. § 1451 — that citizenship was illegally procured or obtained through concealment of a material fact or willful misrepresentation — and it must do so by clear, unequivocal, and convincing evidence. (8 U.S.C. § 1451; Fedorenko v. United States)

Is there a time limit on civil denaturalization?

The statutory text of § 1451(a) does not set a deadline for filing a civil denaturalization suit. Because the rules here are technical, confirm how any limitations issue applies to your situation with an attorney. (8 U.S.C. § 1451)

Does denaturalization mean I will be deported?

Not automatically, but it can lead there. Revocation relates back to the original date of naturalization, so the person returns to their prior immigration status, which may make removal proceedings possible. (8 U.S.C. § 1451)

What is the difference between civil and criminal denaturalization?

Civil denaturalization is a lawsuit under § 1451(a). Criminal denaturalization follows a conviction under 18 U.S.C. § 1425, after which the court revokes the naturalization order under § 1451(e). (8 U.S.C. § 1451; DOJ)

How much time do I have to respond to a denaturalization petition?

Under § 1451(b), you are entitled to 60 days' personal notice to answer the petition, unless you waive that notice. Contact an attorney immediately — do not wait. (8 U.S.C. § 1451)