Nicole E. Mackmiller
While deportation headlines continue to dominate U.S. news, U.S. Citizenship and Immigration Services (USCIS) has quietly been examining approved naturalization applications filed by U.S. legal permanent residents (LPR) who have already obtained U.S. citizenship. The process whereby individuals’ previously granted naturalization status is revoked is called “denaturalization.” In June 2025, U.S. Assistant Attorney General Brett A. Shumate issued a memo requesting the DOJ’s Civil Division to “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.” One year later, this memo has led to many LPRs fearfully asking, “Is it safe to become a naturalized U.S. citizen?” To answer this question, it is important that one understands that U.S. naturalization process.
Generally, to be eligible for U.S. naturalization, one must be at least 18 years old, an LPR (green card holder) for 5 years, maintain continuous and physical presence in the U.S., demonstrate good moral character, pass exams in English and U.S. history and civics, and swear allegiance to the U.S. The 5-year period can be shortened to 3 years if the person obtained their LPR status through marriage to a U.S. spouse and they are still legitimately married to that spouse. Any LPR who wants to become a naturalized U.S. citizen must file an application for naturalization with USCIS, submit their biometrics (which consists of fingerprints, digital photographs, and signatures), have a background check performed, pass the exams, and be interviewed by USCIS before the final step occurs: their Oath Ceremony. During the Oath Ceremony, LPRs take the Oath of Allegiance to the United States before a designated USCIS official or federal judge. This beautiful patriotic service is the final step, after which the person is issued a Certificate of Naturalization. The naturalization process allows our nation to continue weaving new immigrants into the rich and diverse fabric that makes up the U.S.
However, the Department of Justice can initiate either civil or criminal denaturalization proceedings against a naturalized US citizen under certain scenarios outlined in 8 USC section 1451(a). If the individual is accused of “illegally procured” naturalization, it means the DOJ suspects the person was not eligible for naturalization because not all of the statutory requirements were met. Additionally, a person may face denaturalization if naturalization was obtained by concealment of a material fact or willful misrepresentation; however, whether the concealment was “material” or “willful” are often at the heart of the debate. The DOJ can also seek to denaturalize a person who becomes a member or affiliated with the Communist Party, another totalitarian party, or a terrorist organization within the 10 years following the filing date for naturalization, on the basis that it shows the individual is not committed to the principles of the U.S. Constitution.
In any of the above scenarios, the federal government bears the burden of proof in civil denaturalization cases to show by “clear, convincing, and unequivocal evidence which does not leave the issue in doubt.” Whereas, if a criminal conviction is pursued, it must show “proof beyond a reasonable doubt” that the person violated 18 USC 1425, and the U.S. Supreme Court has unanimously held that only an illegal act that played a role in the person’s acquisition of US citizenship can lead to criminal denaturalization. Maslenjak v. United States, 582 U.S. 335 (2017). Given the above, denaturalization is a complex trial process that results in lengthy litigation.
From 2000 to 2017, denaturalization proceeding was exceedingly rare, with approximately 10 cases per year filed in this 18-year window, out of the 11.8 million individuals who successfully naturalized. In the past 9 years, over 300 denaturalization cases are estimated to have been filed, resulting in an average of 34 cases filed each year; however, the annual amount of naturalization approvals has also increased, with the U.S. welcoming 7.15 million naturalized citizens over the past 9 years.
Rough estimates indicate that over 70 denaturalization cases have been filed by the DOJ since January 20, 2025, with more to come; however, this is still an extremely small percentage of people who are being charged with denaturalization statistically. Therefore, LPRs who have met their eligibility requirements for naturalization should feel encouraged to file, despite the recent “prioritizing” of denaturalization.
As US citizenship confers many benefits, including the ability to vote, travel outside of the US freely, and file immigration petitions for a broader range of family members, LPRs have considerable incentives to apply for naturalization. However, they should also scour their applications to ensure that all the information contained in it is correct and that any documentary evidence provided is accurate. I have seen official government documents issued with incorrect names, spellings, and dates.
Could USCIS or the DOJ argue that such incorrect information or documentation is a “willful misrepresentation” or that the conflicting document helped conceal a “material fact” that lead to the naturalization? Perhaps. Thus, best practice dictates upholding the old adage of “trust but verify” before submitting any documentation along with an application for naturalization.
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Reprinted with permission from the WCBA periodical Res Ipsa Loquitur.
Generally, to be eligible for U.S. naturalization, one must be at least 18 years old, an LPR (green card holder) for 5 years, maintain continuous and physical presence in the U.S., demonstrate good moral character, pass exams in English and U.S. history and civics, and swear allegiance to the U.S. The 5-year period can be shortened to 3 years if the person obtained their LPR status through marriage to a U.S. spouse and they are still legitimately married to that spouse. Any LPR who wants to become a naturalized U.S. citizen must file an application for naturalization with USCIS, submit their biometrics (which consists of fingerprints, digital photographs, and signatures), have a background check performed, pass the exams, and be interviewed by USCIS before the final step occurs: their Oath Ceremony. During the Oath Ceremony, LPRs take the Oath of Allegiance to the United States before a designated USCIS official or federal judge. This beautiful patriotic service is the final step, after which the person is issued a Certificate of Naturalization. The naturalization process allows our nation to continue weaving new immigrants into the rich and diverse fabric that makes up the U.S.
However, the Department of Justice can initiate either civil or criminal denaturalization proceedings against a naturalized US citizen under certain scenarios outlined in 8 USC section 1451(a). If the individual is accused of “illegally procured” naturalization, it means the DOJ suspects the person was not eligible for naturalization because not all of the statutory requirements were met. Additionally, a person may face denaturalization if naturalization was obtained by concealment of a material fact or willful misrepresentation; however, whether the concealment was “material” or “willful” are often at the heart of the debate. The DOJ can also seek to denaturalize a person who becomes a member or affiliated with the Communist Party, another totalitarian party, or a terrorist organization within the 10 years following the filing date for naturalization, on the basis that it shows the individual is not committed to the principles of the U.S. Constitution.
In any of the above scenarios, the federal government bears the burden of proof in civil denaturalization cases to show by “clear, convincing, and unequivocal evidence which does not leave the issue in doubt.” Whereas, if a criminal conviction is pursued, it must show “proof beyond a reasonable doubt” that the person violated 18 USC 1425, and the U.S. Supreme Court has unanimously held that only an illegal act that played a role in the person’s acquisition of US citizenship can lead to criminal denaturalization. Maslenjak v. United States, 582 U.S. 335 (2017). Given the above, denaturalization is a complex trial process that results in lengthy litigation.
From 2000 to 2017, denaturalization proceeding was exceedingly rare, with approximately 10 cases per year filed in this 18-year window, out of the 11.8 million individuals who successfully naturalized. In the past 9 years, over 300 denaturalization cases are estimated to have been filed, resulting in an average of 34 cases filed each year; however, the annual amount of naturalization approvals has also increased, with the U.S. welcoming 7.15 million naturalized citizens over the past 9 years.
Rough estimates indicate that over 70 denaturalization cases have been filed by the DOJ since January 20, 2025, with more to come; however, this is still an extremely small percentage of people who are being charged with denaturalization statistically. Therefore, LPRs who have met their eligibility requirements for naturalization should feel encouraged to file, despite the recent “prioritizing” of denaturalization.
As US citizenship confers many benefits, including the ability to vote, travel outside of the US freely, and file immigration petitions for a broader range of family members, LPRs have considerable incentives to apply for naturalization. However, they should also scour their applications to ensure that all the information contained in it is correct and that any documentary evidence provided is accurate. I have seen official government documents issued with incorrect names, spellings, and dates.
Could USCIS or the DOJ argue that such incorrect information or documentation is a “willful misrepresentation” or that the conflicting document helped conceal a “material fact” that lead to the naturalization? Perhaps. Thus, best practice dictates upholding the old adage of “trust but verify” before submitting any documentation along with an application for naturalization.
—————
Reprinted with permission from the WCBA periodical Res Ipsa Loquitur.
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