Denaturalization: Who is at RISK? (PROCESS EXPLAINED)

Summary

In this live session, immigration lawyer Latoya McBean Pompy discusses denaturalization, a legal process where U.S. citizenship can be revoked. She explains the grounds for denaturalization, such as fraud, misrepresentation, and violations of residency or good moral character requirements. The session highlights the increase in denaturalization efforts under the Trump administration and the high success rate of such cases. McBean Pompy advises individuals to seek naturalization if eligible and to consult legal professionals if facing denaturalization proceedings, offering practical advice and reassurance to concerned citizens.

Takeaways

• 😀 Denaturalization is a key topic in immigration discussions, with concerns rising about its future under the upcoming administration.
• 😀 Denaturalization applies mainly to those who became naturalized citizens through fraud or misrepresentation in their application process.
• 😀 The process for denaturalization involves litigation through federal courts, which can be either civil or criminal depending on the case.
• 😀 A key change under the Trump Administration was a significant increase in the number of denaturalization cases, with referrals increasing by 600%.
• 😀 Grounds for denaturalization include fraud, misrepresentation, failure to meet residency or physical presence requirements, or membership in prohibited groups like terrorist organizations.
• 😀 If naturalization was obtained through military service but the individual was dishonorably discharged, they may face denaturalization.
• 😀 Denaturalization cases are often slow, taking years to investigate, with the Department of Justice winning 95% of cases due to thorough investigation and preparation.
• 😀 Individuals who have been naturalized for many years may still face denaturalization if evidence of fraud or misrepresentation surfaces, but there are defenses that can be used.
• 😀 Naturalized citizens should ensure they disclose all necessary information on their application to avoid issues with fraud or misrepresentation.
• 😀 The ACLU and other organizations have provided resources on denaturalization, emphasizing its slow pace and the substantial resources required for such investigations.
• 😀 The best protection against denaturalization is to seek naturalization if eligible, ensuring greater security as a U.S. citizen.

Q & A

What is denaturalization?

Denaturalization is the legal process by which a U.S. citizen's naturalization (citizenship) can be revoked if they obtained it through fraud, misrepresentation, or other illegal means.

Who is at risk of denaturalization?

Individuals who obtained U.S. citizenship through fraud or misrepresentation, failed to meet eligibility requirements like residency or good moral character, or became affiliated with certain prohibited groups (e.g., terrorist organizations or the Communist Party) are at risk.

What are the main grounds for denaturalization?

The main grounds for denaturalization include illegal naturalization, misrepresentation during the application process, affiliation with prohibited groups, and obtaining citizenship through military service followed by a dishonorable discharge.

How does denaturalization differ from deportation?

Denaturalization is the revocation of U.S. citizenship, whereas deportation is the removal of a non-citizen from the U.S. Denaturalization applies only to naturalized citizens, while deportation applies to green card holders and other non-citizens.

How has denaturalization increased under the Trump administration?

Under the Trump administration, denaturalization efforts were ramped up significantly, with referrals to the Department of Justice increasing by 600% compared to previous years, and a proposal to review up to 700,000 immigrant files.

What is the process of denaturalization?

Denaturalization typically begins with an investigation by USCIS, followed by a recommendation to the Department of Justice. If a complaint is filed, the case is litigated in federal court, and the government can pursue either a civil or criminal process.

What is the success rate of denaturalization cases?

The government has a high success rate in denaturalization cases, winning approximately 95% of the time, due to thorough investigations and careful handling of cases.

Is there a statute of limitations for denaturalization?

There is no statute of limitations for civil denaturalization cases, meaning individuals can be targeted even if they became citizens many years ago. However, criminal denaturalization cases have a 10-year statute of limitations.

Can a person be denaturalized if they committed fraud but have been a good citizen for many years?

While fraud is a key reason for denaturalization, the government may decide not to pursue a case if a significant amount of time has passed, and the individual has been a law-abiding citizen with no further issues.

What should Green Card holders do to protect themselves from denaturalization?

Green Card holders should apply for U.S. citizenship as soon as they are eligible. This ensures that they are fully protected from denaturalization, as naturalized citizens are harder to target than green card holders.