Can U.S. Citizenship Be Revoked?

What is Denaturalization?

Many immigrants spend lots of time and work incredibly hard for lawful permanent residence. In doing so, some immigrants may think that they can lie about facts that are material. However, at times, the misstatements, if corrected, would have had no effect on the outcome. These facts may, or may not have otherwise resulted in a disqualification and/or additional review for relief.

Some natural born U.S. citizens think that they can commit treason, then go to jail at worst. This also seems like an incorrect assumption if a Federal prosecutor disagrees, then seeks to de-patriate a natural born citizen Ultimately, the challenges is whether the U.S. can find a third world country willing to accept a de-naturalized traitor. This is such a scary thought that too many prosecutors have, to date, chosen to avoid the temptation. An effective deterrent to treason exists, but has been underutilized after the Revolutionary War..

The Case for De-Patriation of the Native, or Natural Born U.S. Citizen

Prosecutorial discretion may eventually surprise most Americans, but Federal prosecutors have progressively tolerated an incredible amount of disrespect from the right wing due to political destabilization promoted by free speech in the form of misinformation. Strangely, disinformation often masquerades as misinformation.

The difference between disinformation and misinformation is the financial source from which it is promoted. However, knowingly promoting misinformation in order to bring a government into disrepute demonstrates malice and a disrespect for objectively elected officials. The intent to incite violence against a perceived opponent, who was elected in a free and fair election within a democracy, establishes the elements of criminal offenses of treason among other criminal offenses. Ultimately, a prosecutor must prove intent beyond a reasonable doubt, which requires facts that demonstrate a defendant’s state of mind at the time that the misinformation is provided. In a world full of social media outlets, such a burden seems relatively easy to establish in 2023 as a matter of law. Yet, where can you send de-naturalized natural born citizens if they are de-naturalized? A relationship with a supportive third country is difficult to achieve when those whom you want to eject are inclined to disrespect any government in general unless their candidate is in control? The issue is how many supporters of monarchies or totalitarians a democratic nation sustain within a diverse population of freedom loving citizens?

The balance between free speech and treason has narrowed to unacceptable levels. Disinformation, masquerading as misinformation, can become the ultimate form of treason, since rival nations use disinformation to destabilize us. These rivals even financially pay Americans to do it! The internet is a destabilizing factor that cannot be controlled without reasonable boundaries..

Interestingly, the remedy on how to de-patriate, then remove stateless former native born citizens was codified within the Immigration and Nationality Act in 1952, along with IIRAIRA passed in 1996.

The belief persists that once citizenship by birth or naturalization is achieved, a native born or naturalized citizen can lower their guard because they’re bulletproof. Nevertheless, if prosecuted and convicted of treason, even a de-patriated native born U.S. citizen can be placed in removal proceedings as an alien. INA §349(a)(7) confirms

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.

If a treasonous de-patriated citizen is ordered removed, and no relief is available, then they can be deported perhaps with the agreement of the alienated citizen or to a cooperating safe third country following Federal court action. See INA §349(a)(7) and 8 USC §1182(a)(2)(A). Those who are unwilling or unable to depart may be detained until arrangements are made. See 8 U.S.C. §1231(a)(2) and 8 CFR §241.13(h) The freedoms once cherished by those who were born in the United States need not persist to those who have little desire for democracy.

Denaturalization can take place either by choice or as a consequence of treasonous actions. A U.S. citizen alienates themselves, when found guilty by a court of committing treason. Rarely, if ever, have declaratory judgments, or a notice to appear, have ever been filed, because treason often leads to a life or death sentence. See Kawakita v. U.S., 343 U.S. 717 (1952). Therefore, some traitors, like Benedict Arnold, Judah P. Benjamin, or Edward Snowden thought it wise to flee the United States before their likely arrest and fate in criminal court.

According to Section one of the 14th Amendment of the U.S. Constitution, natural-born citizens cannot have their citizenship revoked ‘by any of the States within the Union.’ Nevertheless, following the Kawakita decision, the U. S. Congress enacted INA§ 349(a)(7) on June 27, 1952 eventually clarifying the impact of the Kawakita decision in certain circumstances. The Federal Government, with this Congressional mandate, was eventually given the power to take action to de-patriate natural born U.S. citizens, as a matter of Constitutional law, following a Federal criminal conviction for treason. Treason is rarely prosecuted in the United States.

If a natural-born citizen wishes to independently renounce their citizenship, then that’s their decision. They have the right to follow their path in life subject to losses of civil rights and tax liabilities. Nevertheless, proven acts of treason as a matter of criminal law are grounds for the U.S. Attorney to seek de-patriation based upon INA §349(a)(7).

Likewise, foreign-born U. S. citizens can have their citizenship stripped by the government for the same reasons, among others.

This process is called ‘denaturalization.’ Those who have been denaturalized are subject to removal from the United States as a matter of D.H.S. discretion.

For much of the past century, denaturalization and de-patriation have not been a focus for the U.S. government. That changed under the Trump administration, where deportation and denaturalization efforts ramped up by creating a new ‘denaturalization task force.’ Ironically, proven acts of criminal treason are grounds for removal. It may seem discomforting, but it seems like INA §349(a)(7) may be ripe for reconsideration in the case of convictions for treason

And while the focus on denaturalization has lessened again under the current administration, this illustrates how a policy change can disrupt the lives of immigrants and native born U.S. citizens, including those who’ve struggled for decades to become U.S. citizens.

What Circumstances Could Lead the Foreign Born to Lose Their U.S. Citizenship?

Most people who’ve naturalized will never have to worry about losing their status. Naturalized citizens can’t lose their citizenship for getting in a car accident, traveling overseas, or committing nearly all crimes after naturalization. Of course, convicted criminals may be put to death or be sentenced to life imprisonment, like any other citizen.

Yet, there are only limited means by which naturalized citizens may lose their citizenship. Other actions may be considered as ‘acts of expatriation.’ See INA §349.

What if Your Citizenship Was Wrongfully Obtained?

If you lied or otherwise obtained citizenship by misrepresentation, this fraud may eventually be discovered. If you left out a deportable criminal conviction, then this can cause denaturalization proceedings. A frivolous asylum claim can be grounds of revocation of naturalization. Those who worked with or are considered persecutors are disqualified from asylum, so they can be denaturalized. Upon discovery, the accused may have their citizenship revoked, which means that they can be deported.

One area for review are those whose birth certificate may have been fraudulently secured through a deceitful midwife. The State Department has been known to revoke U.S. Passports unless an alien can successfully challenge this presumption in Federal Court. Ultimately, if you lose your citizenship, due to immigration fraud, you also lose your lawful permanent resident status, as well.

What Happens if You are a U. S. Citizen Who Refuses to Testify to Congress?

If law enforcement or government officials believe you’ve committed crimes or are close to renegade groups, they may ask that you speak before a Congressional committee. You cannot refuse to appear. If you refuse, you could be charged with treason, lose your citizenship and/or be deported according to the Immigration and Nationality Act (INA). Whether the U.S. Congress is aware that such consequences seem unclear.

Are There Citizenship Consequences to Joining a Subversive Organization?

If you join a renegade group within five years of obtaining citizenship, that citizenship status can be revoked. Subversive organizations include those who the Federal government believe pose a threat to the nation and its people. Examples of renegade subversives include the neo-Nazis, ISIS, and Al Qaeda, but the definition is subject to expand.

What May Be Considered ‘Acts of Expatriation?’

Expatriating acts include joining a foreign country’s military, renouncing nationality in favor of citizenship in another country, running for public office in a foreign nation, and making an oath of allegiance to another country.

Are ‘Acts of Treason’ Grounds for Revocation of Citizenship?

Perhaps unsurprisingly, treason is absolutely grounds for denaturalization. Treason convictions or attempts to overthrow the government can result in citizenship being revoked and the individual being immediately deported back to their country of origin. For native born citizens, this can arguably lead to great uncertainty and the loss of significant civil rights including lawful employment.

What Are the Consequences of a Dishonorable Discharge?

Those lawful permanent resident aliens who’ve been dishonorably discharged from the U.S. military can be denied naturalization. If you’ve already been naturalized and the dishonorable discharge came in the first five years of a military career, it may result in denaturalization and deportation.

Is it Possible to Challenge the Revocation of Citizenship?

Few to none of these mentioned examples will result in the immediate termination of citizenship. The Department of Homeland Security, or State Department, must prove their case and the defendant will be given the opportunity to defend themselves in court with the help of an immigration and nationality lawyer.

Your attorney and their legal team can challenge the determination of denaturalization consequences or, in some cases, pursue an appeal.

If you’re facing the potential of losing your citizenship, speak with the Law Office of Kevin Dixler today.

What is Renunciation?

Some people decide to give up their U.S. citizenship by renouncing it. To do so, the individual would contact the U.S. embassy or consulate of their new country in which they have lawful status to reside in. Thereafter, the ex-patriate may sign an oath renouncing their citizenship in the United States. Doing so would mean that the person no longer has the rights afforded to U.S. citizens and may need a visa to return to the country.

Additionally, they absolutely must eventually become citizens of the new country or risk becoming “stateless,” a designation that is like immigration limbo.

If you wish to renounce your citizenship in the United States, please contact the law firm of Kevin Dixler to schedule an appointment to discuss the particulars of your case. Our evaluations are confidential and secure.

Schedule a Confidential Consultation with an Experienced Immigration Attorney to Discuss Your Case

The notion of potentially having U.S. citizenship revoked never crosses the minds of most Americans. And while it is rare, it can and does happen in certain limited circumstances. If you’ve been singled out for denaturalization based upon INA Section 349(a), and may face subsequent removal from the United States, please contact the Law Office of Kevin Dixler today.

Our law firm has served clients from all over the world with countless types of immigration and nationality law cases. We offer experienced, compassionate, and candid legal services to our clients. There is no point in fooling clients with false hopes or unachievable promises. While we are confident in our services, immigration law can be complicated, and our candor reflects this truth.

To speak with a legal professional about your immigration case, call 312-728-4610.