Denaturalization Primer: The History and Legal Basis of Stripping Citizenship from Naturalized Individuals

OVERVIEW

To become an American, a person must demonstrate qualities and characteristics defined in statute, including adherence to our Constitution, knowledge of our history, English proficiency, and good moral character. Unfortunately, weak enforcement and open borders policies have allowed individuals who have never met the requirements—or spirit—of our naturalization laws to obtain the privilege of American citizenship.

Most Americans are not familiar with denaturalization, but following reported widespread fraud amongst recent immigrant communities, the process has received renewed political and policy attention. Now is the time to talk about denaturalization: what it is, how it has been used, and the legal tools available to protect the honor and duty of becoming an American citizen.

In essence, denaturalization is a legal process, initiated by the Department of Justice (DOJ), by which a person’s naturalization can be revoked by either civil proceeding or pursuant to a criminal conviction. The legal basis for denaturalization is laid out in federal law but can only occur in limited situations and with a high burden of proof for the government.

The DOJ has denaturalized individuals for over a century—albeit rarely. The DOJ has recently suggested that denaturalization will be a prosecutorial priority during the second Trump Administration, potentially to a greater degree than it was during the first Trump Administration.

LEGAL BASIS FOR DENATURALIZATION

To understand denaturalization, it is crucial to understand how an individual can “naturalize,” which is a legal term for how a non-citizen can obtain American citizenship after birth. Our federal government routinely confers citizenship on individuals who have lived in the U.S. with a lawful permanent resident status (LPR), who lack a criminal record, who exhibit good moral character, and who meet other requirements.

These requirements are established by Congress in the Immigration and Nationality Act (INA).

U.S. Citizenship and Immigration Services (USCIS) is the federal agency within the Department of Homeland Security (DHS) that administers naturalization decisions. In Fiscal Year 2024, USCIS naturalized 818,500 individuals. From 2010 to 2019, USCIS averaged 730,100 naturalizations annually. Naturalized citizens represent over half of the foreign-born population.

Denaturalization, overseen by DOJ, is the process through which a naturalized citizen is stripped of his or her American citizenship. The authority to denaturalize citizens is set forth in federal statute, 8 U.S.C. § 1451, and derives from Congress's constitutional power to “establish an uniform Rule of Naturalization” under Article I, Section 8 of the Constitution. Under the law, there are two main grounds for revocation of naturalization: (1) illegal procurement of naturalization; or (2) concealment of a material fact or willful misrepresentation. of the Constitution. Under the law, there are two main grounds for revocation of naturalization: (1) illegal procurement of naturalization; or (2) concealment of a material fact or willful misrepresentation.

Illegally procuring naturalization means that the alien failed to satisfy one of the five prerequisites for legally obtaining citizenship listed in INA Section 316. These prerequisites include: (1) having the status of a lawful permanent resident for at least 5 years (or 3 years if the spouse of a U.S. citizen); (2) physical presence and residence in the U.S. within certain parameters; (3) possession of good moral character, (4) attachment to the principles of the constitution; and (5) being well-disposed to the good order and happiness of the United States.

A person is subject to denaturalization for concealment of a material fact or willful misrepresentation if:

• The person misrepresented or concealed some fact;
• The misrepresentation or concealment was willful;
• The misrepresented or concealed fact or facts were material; and
• The person procured citizenship as a result of misrepresentation or concealment.

Examples of concealment include the following (most commonly by providing incomplete or false information):

• Swearing under oath that a person does not possess a criminal record or has not committed crimes for which they were not arrested; and
• Misstatements that conceal information that the applicant does not want the court to discover.

The DOJ initiates denaturalization proceedings in a federal district court. The process commonly begins with USCIS making a recommendation to the DOJ to revoke citizenship, followed by a U.S. attorney prosecuting the case. For civil revocation of naturalization, DOJ attorneys file a revocation of naturalization action. For criminal revocation of naturalization, the DOJ files criminal charges. In civil revocation cases, the government must prove its case by “clear, unequivocal, and convincing" evidence—a standard higher than the preponderance standard in typical civil litigation. According to a 2020 DOJ press release, the department has a 95% success rate on denaturalization prosecutions. This success rate suggests that there are many clear-cut cases of immigration fraud and abuse for prosecution, and likely many more to be found.

Civil denaturalization has no statute of limitations, meaning that the government can bring a case at any time—no matter how long ago the fraud or misrepresentation occurred. In contrast, criminal denaturalization under 18 U.S.C. § 1425 is subject to a 10-year statute of limitations.

Finally, USCIS can administratively cancel either Certificates of Naturalization or Certificates of Citizenship in cases where USCIS believes they were illegally or fraudulently obtained or were created through illegality or fraud. According to USCIS, “USCIS issues Certificates of Citizenship to persons who automatically acquire citizenship by operation of law,” such as a child deriving status from a naturalized parent. If USCIS determines that the person whose name USCIS administered a Certification of Citizenship under was obtained illegally, USCIS can initiate cancellation.

RECENT DENATURALIZATION HISTORY

Denaturalization has occurred many times in American history, with over 22,000 cases in the 20th century. According to recent reports, the DOJ averaged 11 cases per year from 1990 to 2017.

In 2020, the DOJ launched the “Denaturalization Section” of the DOJ’s Civil Division’s Office of Immigration Litigation. According to the DOJ, the move was made to “bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.”

In recent years, the DOJ has successfully prosecuted numerous denaturalization cases, including against:

• An individual convicted of terrorism offenses and recruited for al Qaeda within the United States;
• An individual who coordinated with Osama bin Laden and other known terrorist leaders;
• An individual who sexually abused a minor victim for multiple years;
• Four individuals who fraudulently claimed to be a family to gain admission to the United States; and
• An individual convicted of conspiring to defraud the U.S. Export-Import bank.

During the Biden Administration, the DOJ pursued and prosecuted fewer cases per year (an average of 16) than the first Trump Administration (an average of 42 per year).

In June 2025, the DOJ issued a memorandum to the entire Civil Division, laying out its policy of prioritization for denaturalization cases. The memo explained that civil denaturalization proceedings “[support] the overall integrity of the naturalization program by ensuring that those who unlawfully procured citizenship, including those who obtained it through fraud or concealment of material information, do not maintain the benefits of the unlawful procurement.”

The memo directs DOJ attorneys to “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.” Additionally, the DOJ established 10 categories of priorities for denaturalization cases, including cases against individuals who pose a threat to national security, who have engaged in torture or human rights abuses, who have committed felonies not disclosed during naturalization, who have engaged in financial fraud against the U.S., and who have furthered the interests of criminal gangs, drug cartels, or transnational criminal organizations.

As of today, USCIS has issued guidance to identify 100-200 denaturalization cases per month in the 2026 fiscal year, representing a significant increase in denaturalization cases compared to recent years.

LEGISLATIVE ACTION

The Stop Citizenship Abuse and Misrepresentation (SCAM) Act, introduced by Senator Eric Schmitt (R-MO), would significantly expand the grounds for the denaturalization process to occur, grounds including committing “substantial fraud,” affiliating with a designated foreign terrorist organization (FTO), or committing an act of aggravated felony or espionage.

According to Senator Schmitt, a “recalcitrant minority of naturalized citizens instead exploits American generosity through destructive behavior,” demonstrating that certain individuals “are not, and were not at the time of naturalization, persons of good moral character, attached to the principles of the Constitution, and well-disposed to the happiness and good order of the United States.”

This legislation represents a strong step in the right direction for Congress to take on denaturalization, as the current legal mechanism’s high burdens and limited scope leave the DOJ with few options for pursuing more cases.

MINNESOTA FRAUD AND DENATURALIZATION

Denaturalization has returned to the national spotlight due to ongoing investigations and allegations of widespread fraud. Most notably, claims have been leveled against members of the Somali community in Minnesota, some of whom have been accused of defrauding federal and state taxpayers for hundreds of millions of dollars.

During the Biden Administration, 57 individuals—most of whom were of Somalian descent—were convicted during a case involving Medicaid fraud, including a $300 million pandemic fraud case involving the nonprofit Feeding Our Future. Additionally, accusations of marriage and immigration fraud by Congresswoman Ilhan Omar (D-MN), who is also of Somali descent, have heightened public awareness of the issue.

Federal law is clear: willfully misrepresenting or concealing evidence that led to naturalization is grounds for termination of citizenship. Legislation like the SCAM Act would significantly increase the legal avenues available to the DOJ to pursue cases against a broader group of fraudsters. With increasing prosecutorial, executive, legislative, and public attention to the issue, denaturalization cases are likely to rise significantly in the coming years—and that should be welcome news to Americans who value their citizenship, honor American history, and respect American values.