Can Naturalized Citizens Be Deported?

A common misconception is that a naturalized citizen cannot be deported once they become a citizen of the United States. Naturalized citizens share the same rights and protections as individuals who were born in the U.S., but, unlike natural-born citizens, a naturalized citizen can have their citizenship revoked and subsequently be deported. The legal process of losing citizenship is known as denaturalization, which is rare and only happens under certain circumstances.

If you or a loved one has been investigated or has received notice of possible denaturalization, you must speak to a trusted immigration attorney. At the Law Office of Lloyd E. Bennett Esq., P.C., we understand your legal rights and will guide you through this process.

What is Denaturalization?

Denaturalization is the legal process by which the U.S. government revokes your citizenship. This process is difficult for the government to win because they need a high amount of evidence that proves you were ineligible for naturalization at the time that it was granted. The burden of proof includes convincing evidence that the individuals intentionally misrepresented or omitted information during the naturalization process. Common types of evidence are fraud, concealment of key facts, or a criminal history.

How Denaturalization Leads to Deportation

If someone is denaturalized, they no longer have the legal protections of citizenship. You would typically revert to your previous immigration status, such as a permanent resident. If you did not have a previous immigration status, you would revert to being undocumented. This change makes you subject to U.S. immigration laws and vulnerable to removal proceedings. The Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE), can initiate deportation by issuing a court Notice to Appear. You would then have to face an immigration judge, and the possibility of removal is more likely.

What Happens After Denaturalization?

After denaturalization, the DHS is eligible to begin the deportation process. You may be detained or required to appear in immigration court. Depending on the case, there may be limited options to avoid removal, such as applying for asylum, withholding of removal, or cancellation of removal.

What to Do if You are at Risk

If you are under investigation for denaturalization or worried that you may be at risk, speak with an experienced immigration attorney immediately. An attorney will evaluate your case, determine whether the government’s claims are valid, and build a strong defense. It may be possible to prove that any errors in the naturalization application were minor or unintentional.

Contact an Immigration Attorney Today 

Naturalized citizens can be deported, but only after their citizenship is legally revoked through denaturalization. This process is rare, difficult for the government to pursue, and reserved for serious cases. If you are facing the possibility, seeking legal assistance early is crucial for protecting your rights and future in the United States. Contact us today for a dedicated attorney at the Law Office of Lloyd E. Bennett Esq., P.C. to fight on your behalf.