This article explains the denaturalization process and the Department of Justice memo of June 11, 2025, that made denaturalization a priority. It expands on our YouTube session, “DOJ Makes Denaturalization a TOP Immigration Priority,” which we recorded on July 2, 2025. This article also covers developments since then.
Published July 3, 2025 / Last reviewed October 30, 2026
Update (October 30, 2026): We expanded this page from a video summary into a full article. It now covers the denaturalization process as of October 30, 2026, including the U.S. Citizenship and Immigration Services (USCIS) policy update of September 14, 2026, and the Department of Justice filings announced on October 5, 2026.
Quick answer: The denaturalization process is a federal court case in which the government asks a judge to cancel a person’s U.S. citizenship. On June 11, 2025, the Department of Justice (DOJ) told its civil lawyers to make denaturalization a priority, and the number of cases has grown sharply since then. The government must still prove that the person obtained citizenship illegally or by hiding or misstating an important fact. In a civil denaturalization case, it must prove this with clear, unequivocal, and convincing evidence, and only a federal court can revoke citizenship. This article explains how the denaturalization process works, who is most at risk, and what naturalized citizens can do now.
What Is the Denaturalization Process?
The denaturalization process is the legal procedure the federal government uses to take away citizenship that a person received through naturalization. Naturalization is the process by which a lawful permanent resident (a green card holder) becomes a U.S. citizen. Denaturalization reverses that result, and the court order takes effect as of the original date of naturalization.
The main law is section 340 of the Immigration and Nationality Act (INA), found at 8 U.S.C. § 1451, Revocation of naturalization. Under this law, United States attorneys must file a case in federal district court when there is good cause. The case asks the court to cancel the naturalization because it was:
- Illegally procured: the person did not meet a legal requirement for citizenship, such as lawful permanent residence or good moral character; or
- Procured by concealment or misrepresentation: the person hid a material fact or made a willful misrepresentation, which means a deliberate false statement.
The law also allows denaturalization in a few narrower situations. For example, a person may join certain prohibited organizations within five years after naturalization. The law treats this as prima facie evidence that the person was not eligible at the time of naturalization. Prima facie evidence is evidence that is enough unless the person rebuts it. A person who naturalized through military service can also lose citizenship if the military separates the person under other than honorable conditions before five years of honorable service.
A criminal path also exists. A person convicted under 18 U.S.C. § 1425 of knowingly obtaining naturalization in violation of law automatically loses citizenship. Section 1451(e) requires the criminal court to revoke the naturalization after the conviction.
What Did the June 11, 2025 DOJ Memo Change in the Denaturalization Process?
The memo did not change the law. It changed priorities. On June 11, 2025, Assistant Attorney General Brett A. Shumate sent a memo titled “Civil Division Enforcement Priorities” to all employees of the DOJ Civil Division. Denaturalization was the fifth of five priorities. The memo directs the Civil Division to “prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.”
The memo lists ten priority categories for the denaturalization process. The memo states that the categories are not ranked by importance.
| No. | Priority category in the June 11, 2025 memo (summarized) |
|---|---|
| 1 | A potential danger to national security, including terrorism, espionage, or unlawful export of sensitive goods, technology, or information |
| 2 | Torture, war crimes, or other human rights violations |
| 3 | Furthering criminal gangs, transnational criminal organizations, or drug cartels |
| 4 | Felonies that were not disclosed during the naturalization process |
| 5 | Human trafficking, sex offenses, or violent crimes |
| 6 | Financial fraud against the United States, including Paycheck Protection Program (PPP) loan fraud and Medicaid or Medicare fraud |
| 7 | Fraud against private individuals, funds, or corporations |
| 8 | Naturalization obtained through government corruption, fraud, or material misrepresentations not covered by another category |
| 9 | Cases referred by a United States Attorney’s Office or connected to pending criminal charges |
| 10 | Any other case referred to the Civil Division that the Division decides is sufficiently important to pursue |
Many of these categories describe cases that DOJ has long pursued, such as war crimes and terrorism. Two features stand out. First, several categories describe crimes but do not say when the crime happened. Second, the memo states that the Civil Division may also pursue cases outside these categories. The categories guide which cases DOJ chooses to bring. They do not create new grounds for revoking citizenship, and every case must still meet the requirements of section 1451.
What Has Changed Since We Recorded the Video in July 2025?
The volume of cases has changed the most. When we recorded the video on July 2, 2025, we questioned whether the government had the staff to bring many denaturalization cases, because each case is a full federal lawsuit. Since then, the government has added resources and filed cases at a much higher rate. The main developments are below.
| Date | Development |
|---|---|
| December 2025 | News reports, summarized by the Congressional Research Service, state that internal guidance asked USCIS field offices to refer denaturalization cases to DOJ. The target was 100 to 200 cases per month during fiscal year 2026. Referrals are not filed cases. |
| April 2026 | News reports, also summarized by the Congressional Research Service, state that DOJ expanded the types of attorneys handling denaturalization cases, including civil litigators in its regional offices. |
| August 3, 2026 | DOJ announced 25 new denaturalization cases and stated that it had filed 123 civil denaturalization complaints since January 20, 2025. |
| September 14, 2026 | USCIS issued Policy Alert PA-2026-13, “Revocation of Naturalization Referrals,” which revised the USCIS Policy Manual guidance on how USCIS refers and prioritizes cases. The guidance took effect the same day. |
| October 5, 2026 | DOJ announced 40 civil denaturalization complaints filed between August 21 and October 2, 2026, in 19 federal judicial districts. |
DOJ itself states that the claims in these complaints are allegations only and that no court has decided liability. A filed complaint is the start of the denaturalization process, not the end of it. Filing a complaint does not itself revoke citizenship.
How Many Cases Has the Denaturalization Process Produced?
Public figures on the denaturalization process measure filings, not outcomes. The main figures are below.
| Source | Figure | What it measures |
|---|---|---|
| DOJ, August 3, 2026 | 123 civil complaints filed since January 20, 2025 | Cumulative filings reported by DOJ, not cases still pending |
| DOJ, October 5, 2026 | 40 complaints filed August 21 to October 2, 2026 | One filing period reported by DOJ, not the nationwide active caseload |
| TRAC, August 21, 2026 | At least 105 denaturalization lawsuits filed January to July 2026 (55 from January to June; 50 in July) | Filings found independently in court records, including about 21 July filings that DOJ press releases did not list. TRAC cautions that its count may be incomplete because of access restrictions and court classification codes. |
DOJ reported filing 123 civil denaturalization complaints between January 20, 2025, and August 3, 2026, and later announced 40 additional complaints filed between August 21 and October 2, 2026. These are filing figures, not a count of cases currently pending or citizenship revocations obtained. The TRAC and DOJ figures overlap and should not be added together. We have not identified a comprehensive public nationwide count of pending denaturalization cases.
How Does the Denaturalization Process Work Step by Step?
The denaturalization process has several stages, and each stage takes time. In general, the steps are:
- Information reaches the government. The information can come from a later criminal case, a new immigration filing, fingerprint records, another agency, or a person who reports it. In one matter on which we consulted, the government was pursuing criminal denaturalization against a person accused of war crimes in another country.
- USCIS reviews the record. Under 8 C.F.R. § 340.2, USCIS makes a recommendation about revocation when a grant of naturalization may have been obtained unlawfully and a prima facie case exists. If the case may support criminal charges under 18 U.S.C. § 1425, USCIS reports the facts to the appropriate United States Attorney.
- DOJ decides whether to file. DOJ lawyers decide whether the evidence supports a case. The June 11, 2025 memo guides that decision.
- DOJ files a complaint in federal court. The complaint is filed with an affidavit showing good cause, in the federal district where the naturalized citizen lives.
- The person receives notice and responds. The statute gives the naturalized citizen 60 days’ personal notice in which to answer the complaint, unless the person waives it.
- The case is litigated. The parties exchange evidence, and a federal judge decides the case. Either side can appeal.
- The court enters judgment. If the government proves its case, the court revokes the naturalization and cancels the certificate of naturalization. The person must surrender the certificate.
How Do Civil and Criminal Denaturalization Cases Differ?
Most cases in the current denaturalization process are civil cases. The two paths differ in important ways.
| Feature | Civil case (8 U.S.C. § 1451(a)) | Criminal case (18 U.S.C. § 1425) |
|---|---|---|
| Burden of proof | Clear, unequivocal, and convincing evidence that does not leave the issue in doubt | Beyond a reasonable doubt |
| Who decides | A federal judge, without a jury | A jury, unless the defendant waives it |
| Court-appointed lawyer | No right to a court-appointed lawyer | Right to counsel |
| Time limit to file | No statute of limitations | Generally 10 years |
| Result | Revocation of naturalization | Fine or prison, and automatic revocation of naturalization |
What Must the Government Prove in the Denaturalization Process?
The government carries a heavy burden in the denaturalization process. In Fedorenko v. United States, 449 U.S. 490 (1981), the Supreme Court held that the evidence must be clear, unequivocal, and convincing and must not leave the issue in doubt. The Court also held that a person must strictly comply with every requirement for citizenship. When a requirement was not met, the naturalization was illegally procured. This ground does not require proof that the person intended to deceive anyone.
For concealment or misrepresentation, the lie must be material. In Kungys v. United States, 485 U.S. 759 (1988), the Supreme Court held that a misrepresentation is material if it had a natural tendency to influence the agency’s decision. Part of the Kungys opinion did not have majority support. That part would also let the person rebut the government’s case by showing that he or she actually met the requirement at issue.
Kungys also recognized an important exception to the materiality rule. False testimony can show a lack of good moral character even when the lie was not material. This rule applies only to oral statements made under oath, such as answers at the naturalization interview, and only when the person lied to obtain an immigration benefit. In that situation, the government may argue that the naturalization was illegally procured.
In Maslenjak v. United States, 582 U.S. 335 (2017), the government argued that any false statement made during naturalization was enough to take away citizenship in a criminal case. All nine Justices rejected that argument. The Court held that the illegal act must have played some role in obtaining citizenship. The Court also stated that it has “never read a statute to strip citizenship from someone who met the legal criteria for acquiring it.”
Under Maslenjak, a lie can matter in two ways:
- The hidden fact was itself disqualifying. An example is a hidden aggravated felony conviction.
- The lie blocked an investigation. The government must show that the true fact would have led a reasonable officer to investigate further, and that the investigation would predictably have found a disqualifying fact.
In our view, materiality is where many contested cases in the denaturalization process will be decided. We do not assume that an agency’s view of materiality is correct. A federal judge, not a USCIS officer or a DOJ lawyer, makes the final decision.
Is a Crime Committed After Naturalization, by Itself, Grounds for Denaturalization?
In general, no. A crime committed only after a person became a citizen is not, by itself, a ground for revocation under section 1451(a). That section looks at how the person obtained citizenship. Two rules involve later events. Under section 1451(c), joining certain prohibited organizations within five years after naturalization is prima facie evidence that the person was not eligible at the time of naturalization. Separately, a person who naturalized through military service can lose citizenship after a discharge under other than honorable conditions before five years of honorable service.
However, a later criminal case can lead to an investigation and often brings older conduct to light. Form N-400, Application for Naturalization, has long asked whether the applicant has ever committed a crime or offense for which he or she was not arrested. Many recent DOJ complaints follow the same pattern:
- The person committed a crime before naturalization but was not yet arrested.
- The person answered “no” to the question about crimes for which he or she was not arrested.
- The person was charged and convicted after naturalization, and the criminal record showed when the conduct began.
In those cases, DOJ argues that the earlier conduct and the false answer made the person ineligible. The post-naturalization conviction is evidence, not the legal ground.
In the video, we raised a broader concern. The memo does not limit its crime categories to conduct before naturalization. A person who commits a serious crime after naturalization may therefore have his or her entire immigration history reviewed for an earlier misstatement. In our view, that approach is legal, because the government may examine any lawful ground under section 1451(a). It is also an expansive use of the law. The court must still find that an earlier misstatement was material and willful, or that a requirement was not met.
Who Is Most at Risk in the Denaturalization Process Today?
Based on DOJ’s own announcements in 2026, the denaturalization process is focusing on a few recurring patterns. These patterns describe the cases DOJ has chosen to announce. They do not set a legal test.
- Undisclosed crimes: crimes committed before naturalization that the person did not disclose on Form N-400 or at the interview.
- Identity fraud: use of another name or identity, often to hide an earlier removal order or deportation.
- Marriage fraud: a green card obtained through a marriage entered into only for immigration benefits, or through a bigamous marriage.
- Visa fraud: for example, H-1B (specialty occupation) petitions filed for a job that did not exist.
- Military naturalization: a person who naturalized through military service and was later discharged under other than honorable conditions before five years of honorable service.
- National security: espionage or acting as an unregistered agent of a foreign government.
These patterns go back far in a person’s history. The denaturalization process can examine the green card case, a visa application at a U.S. consulate, or an earlier asylum application. If the person was never lawfully admitted for permanent residence, the later naturalization may be illegally procured.
How Long Does the Denaturalization Process Take?
In our experience, a contested civil denaturalization process can take substantial time, sometimes years. No statute or regulation sets a fixed time for the process. A contested case includes a complaint, an answer, the exchange of evidence, motions, possibly a trial before a judge, and possibly an appeal. Some denaturalization cases have reached the Supreme Court.
Many people who call our office about this issue worry that the denaturalization process could take their citizenship overnight. Filing a complaint does not itself revoke citizenship, and USCIS cannot revoke naturalization through an administrative decision. However, timing in the denaturalization process varies. A person who does not answer the complaint may face a default judgment, and a conviction under 18 U.S.C. § 1425 leads to revocation in the criminal case. If a court enters a revocation judgment, its effect during an appeal depends on the court rules and on whether the court grants a stay.
There is also no statute of limitations for civil denaturalization. In Costello v. United States, 365 U.S. 265 (1961), the Supreme Court allowed a case filed about 27 years after naturalization. The government can therefore file a civil case many years after a person became a citizen.
What Happens After the Denaturalization Process Ends in Revocation?
If the denaturalization process ends with a court order revoking naturalization, the person generally returns to the immigration status he or she held before naturalization. For most people, that status is lawful permanent residence. A lawful permanent resident can be placed in removal proceedings if a ground of deportability applies. If the government proves that the green card itself was obtained unlawfully, the person may have no lawful status.
The denaturalization process can also affect family members whose citizenship legally derived from the revoked naturalization, such as a child who became a citizen through a parent’s naturalization. Under 8 U.S.C. § 1451(d), such a person can lose citizenship when the parent’s naturalization is revoked for concealment or willful misrepresentation. In some other situations, the law protects derived citizens who are residing in the United States. Marriage to a naturalized citizen does not by itself make a person a citizen, and family members who naturalized on their own are not covered by this rule.
The September 14, 2026 USCIS policy update also addresses what happens after a person is denaturalized. USCIS may review petitions that person filed for relatives or other beneficiaries, whether pending or already approved. When a naturalized citizen files a petition that depends on citizenship, such as a petition for a relative, USCIS may also review whether the petitioner obtained citizenship lawfully.
What Should Naturalized Citizens Do Now About the Denaturalization Process?
Most naturalized citizens do not need to take any action. The law has not changed, and a minor or honest mistake is not a basis for the denaturalization process unless it meets the legal tests above. If you have concerns about your own history, we recommend these steps:
- Stay calm and do not act alone. Do not file new forms or send letters to USCIS to “correct” your record before you speak with an immigration attorney.
- Collect your records. Find copies of your Form N-400, your green card application, any visa applications, and any arrest or court records.
- Request your immigration file. You can ask USCIS for a copy of your immigration file through a Freedom of Information Act (FOIA) request, which USCIS takes online.
- Review before new filings. Before you file a petition for a relative or another immigration application, have an attorney review your history.
- Get legal advice before an interview. If a government agent contacts you about your naturalization, speak with an attorney before you answer questions.
- Act quickly if you receive a complaint. If you are served with a denaturalization complaint, contact an immigration attorney immediately. The statute gives you 60 days’ personal notice to answer, and you will need time to prepare. Failing to respond can lead to a default judgment.
If your case also involves family petitions, our family immigration practice can review how the issue affects relatives who depend on your status.
Frequently Asked Questions
Can the denaturalization process take my citizenship without a court case?
No. Under 8 U.S.C. § 1451, the government must file a case in federal court, and only a court can revoke naturalization. USCIS can investigate and refer a case, but it cannot revoke citizenship on its own.
Can a small mistake on my N-400 start the denaturalization process?
An innocent error does not, by itself, establish willful misrepresentation. However, the government may still use the denaturalization process if the facts show that a legal requirement for naturalization was not met, even without any intent to deceive. A deliberate false answer given under oath to obtain citizenship can also count against good moral character.
Is there a deadline for the government to start the denaturalization process?
For civil cases, no statute of limitations applies. Criminal cases under 18 U.S.C. § 1425 generally must be filed within 10 years.
Will I get a jury trial in the denaturalization process?
Not in a civil case. Since Luria v. United States, 231 U.S. 9 (1913), courts have treated civil denaturalization as a case in equity that a judge decides without a jury. A criminal case under 18 U.S.C. § 1425 is tried to a jury unless the defendant waives it.
Does the denaturalization process affect my children?
It can. Children who became citizens through a parent’s naturalization may lose citizenship if the parent’s naturalization is revoked for concealment or willful misrepresentation, under 8 U.S.C. § 1451(d). The rules differ for other grounds, so each case needs individual review.
Talk to an Immigration Attorney About the Denaturalization Process
How the denaturalization process applies to you depends on your full immigration history. If you have questions about your naturalization or have received a notice or complaint, contact Shihab Burke Immigration Lawyers at immigrationvisaattorney.com or 614-791-0500. You can also submit your immigration question for one of our live Q&A sessions at ImmigrationQuestions.US.
This article is for general informational purposes only and does not constitute legal advice. Enforcement priorities and agency guidance on denaturalization are changing quickly. Consult a licensed immigration attorney before making decisions based on this information.
