U.S. citizenship is a precious right that can be revoked in certain circumstances. The most common ways citizenship can be revoked are:
- Falsifying information on your naturalization application
- Refusing to testify before Congress
- Serving in a hostile foreign military
- Committing treason against the U.S.
- Engaging in terrorist activities against the U.S. or its allies
- Committing certain crimes like murder, rape, or child abuse
Revocation of citizenship can only happen after you are convicted of one of these acts in court. It is not a common occurrence, but has happened in extreme cases where people obtained citizenship fraudulently or turned against the United States.
Reasons Your Citizenship Could Be Revoked
Let’s explore the main reasons citizenship could potentially be revoked:
Falsifying Your Naturalization Application
When you apply to become a naturalized U.S. citizen, you have to provide extensive documentation and go through a thorough vetting process. Intentionally lying or omitting important information from your naturalization application is fraud and grounds for having your citizenship revoked later on. This includes things like:
- Lying about your identity or background
- Failing to disclose criminal activities or arrests
- Omitting terrorist affiliations or activities
- Hiding marriages or divorces
If U.S. Citizenship and Immigration Services finds out you falsified your application, your citizenship will be revoked through a process called denaturalization.
Refusing to Testify Before Congress
U.S. 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. Congress has the power to issue subpoenas requesting testimony as part of their oversight and investigative responsibilities. Avoiding this obligation of citizenship by refusing to testify without citing the Fifth Amendment is grounds for revocation.
Serving in a Hostile Foreign Military
Under U.S. federal law, you can lose your citizenship if you serve in the armed forces of a foreign nation engaged in hostilities against the United States. For example, if you join the military of a country we are at war with and take up arms against American interests. The Attorney General can provide written approval for you to enlist in a foreign military if it is not considered hostile to U.S. interests.
Committing Treason Against the United States
U.S. citizens who commit treason against the United States, such as levying war against the U.S. or giving our enemies aid and comfort, may have their citizenship status revoked. These treasonous acts have to be proven in court in order to trigger loss of citizenship. Merely voicing opposition to U.S. policy would not count as treason.
Engaging in Terrorist Activities Against the U.S.
Naturalized U.S. citizens can have their citizenship stripped if they engage in terrorist activities against the United States within 10 years of obtaining citizenship status. This includes things like plotting attacks, taking up arms against the U.S., fundraising for terrorist groups, recruiting members, or providing material support for terrorist activities. These acts would show you took your citizenship oath falsely or disloyally.
Committing Certain Crimes Like Murder, Rape, or Child Abuse
Naturalized U.S. citizens can have citizenship revoked if they are convicted of certain serious felonies during the first 5 years of becoming citizens. These crimes include murder, rape, child abuse, or other offenses punishable by a year or more in prison. The crimes have to show lack of good moral character and violate the oath of allegiance taken at naturalization.
How Does the Citizenship Revocation Process Work?
The process for revoking someone’s U.S. citizenship has a few key steps:
- The U.S. Citizenship and Immigration Services (USCIS) or a U.S. Attorney files a civil action against the naturalized citizen in federal court requesting revocation of citizenship.
- The court holds a trial on the denaturalization civil action where the government has to prove loss of citizenship is warranted beyond a reasonable doubt.
- If the person’s citizenship is revoked, they revert back to their prior immigration status before naturalization. For example, they may revert to permanent resident status.
- The court will issue a certificate of revocation canceling the original naturalization certificate. USCIS updates their records to reflect the change in status.
- The individual has the right to appeal the court’s ruling on revocation.
Revocation of citizenship can only happen after a successful civil court action. USCIS cannot independently cancel someone’s naturalization without a court order.
How Common Is Revocation of Citizenship?
While it is possible to have your naturalized U.S. citizenship revoked, it is an extremely rare occurrence. Cases of denaturalization used to be more common several decades ago when citizenship requirements were less stringent.
Here are some key statistics according to the Department of Justice:
- 116 denaturalization cases filed in 2020
- An average of about 85 cases per year from 2017 to 2020
- About 70 denaturalization cases filed per year on average from 1990 to 2017
With over 700,000 people naturalized per year in recent years, these denaturalization cases represent less than 0.01% of new U.S. citizens. The Justice Department has ramped up prosecuting denaturalization cases for terrorists, war criminals, sex offenders, and other serious felons. However, cases against ordinary naturalized citizens are extremely rare.
Naturalized U.S. citizens should not fear arbitrary loss of citizenship. The constitutional due process rights of citizens make denaturalization a difficult process. For most people who obtain citizenship legally and fulfill their duties, there is effectively zero chance of revocation.
Famous Cases of Revoked U.S. Citizenship
While uncommon, there have been a few high-profile denaturalization cases over the years:
Nazi War Criminals
The U.S. stripped citizenship from dozens of Nazi war criminals who lied about their past to gain entry to the U.S. after World War 2. These include SS guards and others who assisted in the Holocaust and failed to disclose their activities.
Bosnians Who Lied About War Crimes
Immigrants who gained refugee status and citizenship by lying about committing war crimes during the Balkan wars in the 1990s have been denaturalized. The U.S. government has been identifying and building cases against those who concealed their human rights violations.
Terrorists
Some naturalized U.S. citizens have had their citizenship revoked due to terrorist connections. This includes ISIS fighters, al-Qaeda members, and Islamic extremists accused of terrorism. Zainab Ahmad was the first U.S. citizen to have citizenship revoked for ISIS ties in 2019.
Foreign Spies
Spies from Russia, China, and other nations have had their U.S. citizenship stripped after being caught conducting espionage activities against the United States. Non-citizens also have their green cards revoked for spying against the U.S.
Sex Offenders
Immigrants who fail to disclose sex crime convictions from abroad and get caught years later may have citizenship revoked and face deportation. This includes cases of rape, child abuse, and other sexual offenses that would bar immigration if known.
Human Rights Violators
Naturalized citizens who committed atrocities like torture, massacres, or war crimes abroad have also been denaturalized for hiding their crimes. These offenses show a lack of moral character and make individuals ineligible for citizenship.
Conclusion
In summary, U.S. citizenship is a conditional right that can be revoked under extreme circumstances in the public interest. This includes obtaining citizenship fraudulently, disloyalty to the U.S., committing heinous crimes, or engaging in terrorism. However, denaturalization is an uncommon occurrence restricted to serious cases with due process. For nearly all naturalized U.S. citizens who follow proper laws and procedures, there is no reason to fear loss of citizenship status. As long as you are honest in your dealings with U.S. immigration officials, fulfill your civic duties, and refrain from disloyal or criminal acts, your U.S. citizenship is secure.