Has a U.S. citizen ever been deported?

Table of Contents

Quick Answer

Yes, it is possible for a U.S. citizen to be deported, though it is extremely rare. For a U.S. citizen to be deported, they must have committed fraud in obtaining their citizenship or lied during the naturalization process. Typically, the government has to prove in court that the person’s citizenship was obtained fraudulently before deportation can happen.

What are the requirements for U.S. citizenship?

There are several requirements that must be met before a foreign national can become a naturalized U.S. citizen:

Be at least 18 years old at the time of filing the Application for Naturalization.
Be a permanent resident (have a Green Card) for at least 5 years prior to filing for naturalization.
Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing the naturalization application.

Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the naturalization application.
Reside continuously within the United States from the date of application for naturalization up to the time of naturalization.
Be able to read, write, and speak basic English.

Have a basic understanding of U.S. history and government (civics).
Be a person of good moral character, attached to the principles of the Constitution of the United States.
Take an Oath of Allegiance to the United States.

In most cases, naturalized U.S. citizens enjoy nearly all the same rights and protections under the law as U.S. citizens by birth.

How could a naturalized citizen lose their citizenship?

There are a few scenarios in which a naturalized U.S. citizen may have their citizenship revoked:

Fraud or willful misrepresentation: If it is found that the person obtained U.S. citizenship illegally by deliberately lying on their naturalization application or hiding important facts from officials, their citizenship can be revoked. This might include falsifying records, assuming a false identity, or failing to disclose criminal activities or arrests.

Refusal to testify before Congress: Naturalized citizens can have their citizenship revoked if they refuse to testify before a U.S. congressional committee without invoking their Fifth Amendment right against self-incrimination.
Membership in subversive groups: Belonging to certain groups within 5 years of becoming a U.S. citizen can be grounds for revoking citizenship. This includes groups like the Communist Party and other organizations that advocate for the overthrow of the U.S. government.
Dishonorable military discharge: Veterans who received a dishonorable discharge from the U.S. armed forces can have their naturalized citizenship revoked.

Residence abroad: Naturalized citizens who spend too much time abroad (typically more than 6 months-1 year) without notifying USCIS can be considered to have abandoned their permanent residency, making them deportable.
Failure to file income taxes: Naturalized citizens who willfully fail to file or pay federal income taxes can be denaturalized if the unpaid tax debt is $500 or higher.

In most cases, the government has to prove in federal court that one of these conditions has been met before denaturalization and subsequent deportation can happen.

What is the denaturalization process?

Denaturalization is the process of revoking someone’s U.S. citizenship. Here are the typical steps:

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) conducts an investigation into the naturalized citizen’s background and activities.
If ICE finds evidence of fraud, willful misrepresentation, refusal to testify before Congress, etc., they will refer the case to the Department of Justice (DOJ).

The DOJ reviews the case and decides whether to pursue denaturalization in federal court.
The government files a civil denaturalization case against the citizen in U.S. District Court.
The court holds a trial where the government presents evidence to establish grounds for denaturalization.

The citizen can contest the charges by presenting a defense and evidence on their behalf.
If the evidence meets the standard of “clear, unequivocal and convincing,” the court can revoke the defendant’s citizenship.
Once denaturalized, the former citizen typically receives a Notice to Appear in immigration court for deportation proceedings.

Denaturalization and deportation can only happen after the case goes through this extensive court process. Naturalized citizens have the same Constitutional rights as U.S. citizens by birth during this process.

What types of crimes could make a naturalized citizen deportable?

Naturalized U.S. citizens can potentially be deported after committing certain crimes, even if their citizenship is not revoked. Under U.S. immigration law, the following offenses can make a naturalized citizen deportable:

Crimes involving moral turpitude. Examples include fraud, theft, assault, bribery, perjury, tax evasion.

Aggravated felonies such as murder, rape, trafficking, money laundering, fraud over $10,000.
Firearm offenses such as possessing, selling, or trafficking illegal firearms.
Drug crimes including possession, distribution, trafficking.

Domestic violence, stalking, child abuse.
Violations of protection orders.
Failure to register as a sex offender.

Multiple criminal convictions with combined sentences of 5 years or more.

However, if the crime was minor and the immigrant has demonstrated good moral character for a period of time since the offense, deportation may not be mandatory. An experienced immigration attorney can help navigate unique situations.

What happens after a naturalized citizen is denaturalized?

If a federal court rules that a naturalized citizen obtained their citizenship illegally, here is what happens next:

The denaturalized citizen immediately loses all rights and privileges of citizenship, reverting to their prior immigration status before obtaining U.S. citizenship.
Typically the Department of Homeland Security will take the person into immigration custody.
Removal proceedings begin, where an immigration judge will typically order deportation.

The former citizen can be permanently barred from returning to the U.S. in the future.
In some cases, the person may be subject to criminal charges such as fraud.
If the person does not hold citizenship in any other country, they could potentially become stateless upon losing U.S. citizenship.

Denaturalization permanently strips away naturalized citizenship and exposes the person to potential deportation and criminal liability. Defense against denaturalization involves proving lawful naturalization in court.

How many U.S. citizens are denaturalized each year?

Denaturalization of U.S. citizens is extremely rare. Here are some statistics on how often it occurs:

Approximately 20 million naturalized citizens living in the U.S. as of 2017.

On average, about 700,000 people naturalize per year.
From 2007 to 2016, an average of 16 denaturalization cases per year.
In 2016, only 9 denaturalization cases out of over 700,000 new naturalized citizens (
In 2017, a total of 305 new denaturalization cases were filed.
Compared to over 20 million naturalized citizens, the denaturalization rate is about 0.0015% in a typical year.

So while it is legally possible for naturalized citizens to lose their citizenship, it is an extremely rare occurrence in the U.S. Proper legal advice and truthful disclosures help minimize any risks when applying for naturalization.

Have U.S. citizens ever been deported?

There have been a small number of cases throughout history of U.S. citizens being deported by mistake. Some examples:

In 2000, Sharon McKnight of Illinois was mistakenly deported to Jamaica despite being born in the U.S. She was denied re-entry for 2 months until the mistake was fixed.
In 2007, Pedro Guzman of California was mistakenly deported to Mexico and lived there for 3 months before being allowed back and suing the U.S. government.

In 2008, Mark Lyttle, a U.S. citizen with mental disabilities, was deported to Mexico and forced to live there for 4 months.
In 2011, Jakadrien Turner, a 14 year old runaway, was mistakenly deported to Colombia after lying about being a foreign national. She was eventually returned after several weeks.
In 2013, Davino Watson of New York was wrongly detained for 3 years before being compensated $82,500 for wrongful deportation attempts to Jamaica.

However, most cases of U.S. citizens being deported have involved people who were either unaware they were U.S. citizens, lied about their citizenship, or lacked sufficient proof of citizenship when detained. Any deportation of a legitimate U.S. citizen is typically a mistake that is corrected once discovered.

Famous denaturalization cases

While rare, there have been a few high-profile denaturalization cases of U.S. citizens over the years:

Name	Year	Reason for Denaturalization
Emma Goldman	1908	Anarchist and communist views
Mihail Gorbach	1970	Soviet spy
John Demjanjuk	1981	Nazi war crimes
Elgizouli v. Bush	2004	Al-Qaeda connections
Baljinder Singh	2006	Extrajudicial killings in India
Nazi cases	2004-2014	Falsified records to hide Nazi past

These cases represent some of the highest profile examples of denaturalization on the grounds of fraud, misrepresentation, or human rights abuses. They illustrate that U.S. citizenship can be revoked under extreme circumstances after full judicial process.

Recent trends in denaturalization

While denaturalization is still extremely rare overall, there has been an uptick in recent years:

In 2016 and 2017, more denaturalization cases were filed than in the previous 8 years combined.
Much of the increase focused on suspected fraud by former Nazis and human rights violators who lied on their citizenship applications.

USCIS has also vowed to increase scrutiny for green card and naturalization applicants to detect fraud.
From 2016-2020, approximately 80 denaturalization cases per year were filed.
The Justice Department formed a Denaturalization Section in 2017 to pursue additional cases.

Immigration authorities may also review fingerprints of naturalized citizens to identify those with deportable offenses.

Despite these efforts, denaturalization still represents less than 0.005% of naturalized citizens annually. However, the process can take years to unfold in many cases. Legal advice remains critical for applicants.

Conclusion

In summary, it is extremely rare but possible under limited circumstances for naturalized U.S. citizens to have their citizenship revoked and face deportation. This only occurs if the government can definitively establish in court that citizenship was obtained fraudulently. Loss of citizenship happens through an extensive judicial process during which accused individuals can present counter evidence and defend themselves. Any U.S. citizen, whether naturalized or birthright, has robust rights under the Constitution if facing denaturalization or deportation. While slightly increasing in recent years, the chances of denaturalization remain miniscule at less than 0.005% of naturalized citizens annually. Proper legal guidance when obtaining and maintaining lawful immigration status provides the best protection against this remote possibility.