Naturalized Citizens and Denaturalization: Can Criminal...

Yes, Naturalized U.S. Citizens Can Lose Their Citizenship

Many naturalized U.S. citizens believe that once they have taken the oath, their status is as secure as a U.S.-born citizen’s. That belief is dangerous. Under specific circumstances, the United States can initiate denaturalization proceedings to strip citizenship from naturalized Americans. Whether you are in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris understands the denaturalization risks and how to defend against them.

The Denaturalization Framework

Denaturalization proceedings are authorized under 8 U.S.C. § 1451 (civil denaturalization) and 18 U.S.C. § 1425 (criminal denaturalization). Civil denaturalization cases are filed in federal district court, with the government bearing the burden of proof by “clear, unequivocal, and convincing” evidence. Criminal denaturalization is charged as part of a criminal prosecution alleging unlawful procurement of citizenship.

Grounds for Civil Denaturalization

The government can pursue civil denaturalization when it believes citizenship was “illegally procured” or was “procured by concealment of a material fact or by willful misrepresentation.” Common denaturalization theories include:

Concealment of prior criminal conduct: Failing to disclose arrests, charges, or convictions during the naturalization application process
False statements during the naturalization interview: Misrepresentations about criminal history, prior immigration violations, or other material facts
Failure to disclose conduct during the statutory good moral character (GMC) period: If criminal conduct during the 5-year (or 3-year for spouses of U.S. citizens) GMC period should have disqualified the applicant from naturalization
Post-naturalization evidence of pre-naturalization conduct: Later-discovered evidence of fraud, persecution, or other disqualifying conduct

The Operation Janus Denaturalization Priority

The Department of Justice has maintained a dedicated denaturalization unit. Operation Janus identified cases where the government believed naturalization was improperly procured, leading to targeted denaturalization filings. While the number of cases is relatively small, the stakes for affected individuals are absolute.

Criminal Denaturalization Under 18 U.S.C. § 1425

Criminal denaturalization under 18 U.S.C. § 1425 makes it a federal crime to knowingly procure naturalization contrary to law. The Supreme Court’s decision in Maslenjak v. United States, 582 U.S. 335 (2017), required the government to prove a causal connection between the misrepresentation and the naturalization grant — a significant protection for defendants. Criminal denaturalization convictions automatically void the citizenship grant.

What Post-Naturalization Criminal Conduct Does NOT Do

Criminal conduct that occurs after naturalization generally does not support denaturalization. Once citizenship is granted, the new citizen enjoys the same rights and protections as any U.S. citizen — including protection from deportation for criminal conduct. A naturalized citizen who commits crimes after naturalization faces the same criminal exposure as any U.S. citizen but is not at risk of losing citizenship for those crimes.

The risk arises primarily when post-naturalization conduct reveals or is connected to pre-naturalization conduct that should have disqualified the applicant.

Defense Strategy for Denaturalization Cases

Denaturalization defense is complex federal civil or criminal litigation requiring experienced counsel. Defense strategies include challenging the government’s evidence of misrepresentation, raising materiality defenses (for post-Maslenjak criminal cases), challenging the “illegally procured” theory when the underlying basis is disputed, and statute of limitations and laches arguments in appropriate cases.

Contact Clark + Harris About Denaturalization Risk

If you are a naturalized U.S. citizen facing questions about your citizenship or potential denaturalization proceedings, Clark + Harris can help you understand the risks and develop a defense.

Call 859-474-0001 today for a strictly confidential consultation.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Naturalized Citizens and Denaturalization: Can Criminal Conduct Strip Citizenship?