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There’s been a lot of troubling and contradictory information coming out of Washington, D.C., federal agencies and the White House regarding the rights of immigrants of all statuses in this country. Whether someone has a temporary visa, legal permanent residency or some other status that allows them to be in the country legally, they may feel less secure than they did a few years ago.
Statements from President Trump have even raised the possibility that naturalized U.S. citizens could be deported or otherwise removed. The president said publicly that the administration is looking at ways that U.S. citizens could be deported if they were convicted of violent crimes. In discussing what he called “homegrown” criminals, he said, “I’d like to include them in the group of people to get them out of the country.”
Can someone who’s a naturalized U.S. citizen be deported if they’re convicted of committing a crime? As one immigration law professor says, “It’s constitutionally very problematic, if not illegal. It’s a baseline right of citizenship that you can remain in the country.”
Denaturalization is the revocation of a naturalized citizen’s citizenship, typically followed by removal from the country. This has always been a very rare occurrence.
What does USCIS say?
According to the U.S. Citizenship and Immigration Services (USCIS), a person may be denaturalized if they become “a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization.” Of course, “affiliated with” can be open to interpretation.
Most people would think of that as becoming an active member of a terrorist organization that plans and/or executes an attack within the U.S. However, could attending meetings or protests or writing an editorial qualify? That would likely be something for a court to ultimately decide.
People can also potentially be denaturalized if it’s shown they engaged in some type of fraud to get their U.S. citizenship. This could include things like using a false identity, hiding a serious criminal past or somehow not being honest and transparent when applying for citizenship.
There’s no indication that denaturalization is in anyone’s immediate future. However, it’s important for naturalized citizens to know their legal and constitutional rights and to get legal guidance if they have questions or concerns.