Fighting Denaturalization

Every U.S. citizen expects that once naturalized, their citizenship is secure. But under certain circumstances, the Department of Justice can seek to denaturalize—to revoke a person’s citizenship—through two very different legal channels: civil denaturalization proceedings and criminal prosecutions. Here’s why it happens, how each path works, and what it means for individuals caught in the crosshairs.

1. Why Denaturalize at All?

• Preserve the integrity of naturalization: ensuring only those who played by the rules become citizens.

• Redress fraud, concealment, or disloyalty: typically for wartime misconduct or lying on immigration forms.

• Enable removal: once citizenship is revoked, the government can deport the individual.

2. Civil Denaturalization Proceedings

A. Legal Basis

• 8 U.S.C. § 1451 provides the DOJ authority to file a civil suit to strip citizenship when naturalization “was illegally procured or procured by concealment of a material fact or by willful misrepresentation.”

B. Typical Grounds

1. False statements on the naturalization application:

   • Lying about wartime affiliation (e.g., membership in a Nazi organization)

   • Concealing prior arrests, convictions, or subversive activities

2. Fraud in immigration or naturalization interviews

3. Concealment of material facts that would have led to a denial

   
   

C. Procedure

1. Investigation: FBI or USCIS investigations often uncover the alleged fraud.

2. Complaint: Filed in U.S. district court; the individual is named as defendant.

3. Burden of Proof: Government must prove fraud by clear, unequivocal, and convincing evidence—higher than “preponderance” but lower than “beyond a reasonable doubt.”

4. Trial: Evidence and witnesses, opportunity for cross-examination.

5. Judgment & Appeal: If the court orders revocation, the defendant can appeal to the circuit court and beyond.

   
   

D. Defenses & Remedies

• It is important to obtain legal counsel to create a defense as these cases are so complex. Schedule a consultation with Wisecup Legal today.

3. Criminal Denaturalization Under 18 U.S.C. § 1425

A. When It Applies

Unlike civil suits, § 1425 criminalizes the act of lying to procure naturalization. It turns fraud into an offense—punishable by up to 25 years in prison and fines.

B. Key Elements

1. Willful Misrepresentation: Proving the defendant knowingly and intentionally lied.

2. Materiality: The lie must be material to the naturalization decision.

3. Naturalization Procured Fraudulently: The individual must have actually become a citizen through that deception.

   
   

C. Process

1. Grand Jury Indictment: DOJ presents evidence; the grand jury decides whether to return charges.

2. Arraignment & Trial: Federal criminal rules apply—discovery, jury trial, proof beyond a reasonable doubt.

3. Sentencing: Upon conviction, prison term, fines, and mandatory revocation of citizenship.

   
   

D. Intersection with Civil Proceedings

• The government often pursues civil denaturalization first.

• A criminal conviction under § 1425 virtually guarantees success in a follow-on civil suit.

• Strategic decision: DOJ weighs resources, public interest, and strength of evidence.

4. Real-World Examples

• Alois Böhme (2002): Former SS guard indicted criminally for lying on his 1992 naturalization forms; served eight years.

• United States v. Szymeczek (2017): Civil denaturalization reversed on appeal due to insufficient proof of materiality.

• “Operation Janus” cases: Post-9/11 denaturalization suits targeting alleged terrorists—blend of civil and criminal investigations.

  
  

5. What It Means for Individuals

• Loss of passport and voting rights.• Exposure to removal/deportation proceedings.• Social stigma and family disruption.• Criminal record if prosecuted under § 1425.

6. How to Protect Your Rights

1. Early Counsel: No matter how minor the misstatement seems, consult an immigration attorney. Schedule a consultation with Wisecup Legal today.

2. Gather Documentation: Original applications, interview notes, proof of good moral character.

3. Consider Equitable Arguments: Length of U.S. residence, family hardship, community contributions.

4. Explore Post-Denaturalization Relief: In rare cases, habeas corpus or motions to reopen.

   
   

7. Final Thoughts

Denaturalization is an extraordinary power—one that straddles civil equity and criminal sanction. The government wields it cautiously but can move swiftly once it uncovers fraud or deceit. Anyone facing these charges must mount a dual-pronged defense: challenge the factual allegations and underscore the humane stakes of revoking lifelong belonging. We at Wisecup Legal can you help you fight this. Schedule a consultation today!

Disclaimer: This article should is a summary and should not be construed as legal advice. If you need assistance, please schedule a consultation today.