WATCH: Karoline Leavitt Says Trump āNot Afraid to Use Denaturalizationā Against Somali Fraudsters ā Search Warrants Being Executed and āPeople Will be in Handcuffsā
Denaturalization, also known as revocation of naturalization, is the legal process by which the U.S. government revokes the citizenship of a naturalized U.S. citizen, effectively stripping them of their citizenship status. This is not a process that private individuals can initiate or ādoā themselves; it is exclusively handled by the federal government through judicial proceedings in U.S. district court. It cannot be done administratively by U.S. Citizenship and Immigration Services (USCIS) alone, following a court ruling in 2000 that limited such authority.
Grounds for DenaturalizationUnder the Immigration and Nationality Act (INA), denaturalization can only occur based on specific legal grounds. These include:
The individual did not meet statutory requirements for naturalization at the time, such as lawful permanent residence, good moral character, required periods of residence or physical presence, or attachment to the principles of the U.S. Constitution (INA 316 and INA 340(a)).
The person hid key information or lied during the naturalization process (e.g., on Form N-400 or in interviews), and this directly led to approval. The fact must be āmaterial,ā meaning it could have influenced the decision (INA 340(a); see Supreme Court case Kungys v. United States, 485 U.S. 759 (1988)).
Within five years after naturalization, the person joins or affiliates with the Communist Party, a totalitarian party, or a terrorist organization, which is seen as evidence of lacking attachment to the U.S. Constitution (INA 313, INA 340(c), and INA 316(a)(3)).
For those who naturalized based on U.S. military service, revocation can occur if they receive a discharge under other-than-honorable conditions before completing at least five years of honorable service (INA 328(f) and INA 329(c)).
These grounds apply only to naturalized citizens (those who went through the full process, including application, interview, approval, and oath). U.S.-born citizens cannot be denaturalized under these provisions.
The process is initiated and pursued by the government, not individuals. Hereās a high-level overview:
USCIS or other agencies (like the Department of Homeland Security) identify potential cases through audits, investigations, or tips about fraud or ineligibility. If thereās sufficient evidence, USCIS refers the case to the Department of Justice (DOJ) via the U.S. Attorneyās Office. Coordination happens through USCISās Office of the Chief Counsel.
Judicial Proceedings:
The DOJ files a complaint in federal district court under INA 340(a). The government must prove its case by āclear, convincing, and unequivocal evidenceā that leaves no doubt. This is a high standard, and the process can take years.
Criminal Revocation: If the case involves fraud, the DOJ may pursue criminal charges under 18 U.S.C. 1425 (unlawful procurement of citizenship). A conviction automatically revokes naturalization under INA 340(e), with proof required beyond a reasonable doubt.
If the court rules in favor of revocation, it issues an order canceling the Certificate of Naturalization, which the person must surrender. Citizenship is revoked retroactively to the original naturalization date, reverting the individual to their prior immigration status (often lawful permanent resident, but this could lead to deportation proceedings under INA 237). USCIS updates records and notifies the Department of State.
Denaturalization is rareāhistorically, around 22,000 cases occurred in the 20th century, often tied to wartime or political contextsābut it has been used more in recent years for fraud cases.
The Trump administration is exploring the denaturalization of Somali-Americans in Minnesota convicted of fraud, the White House press secretary said.
www.yahoo.com