Can the United States Revoke Citizenship of a Naturalized Citizen? Understanding the Legal Framework

Amidst the complex legal landscape surrounding United States citizenship, the question arises: can the United States revoke citizenship from a naturalized citizen? This article delves into the various scenarios under which a naturalized citizen's citizenship might be revoked or denaturalized, adhering to Google's best practices for SEO and content quality.

Understanding the Legal Basis

The Immigration and Nationality Act (INA) sect;340a stipulates that naturalization can be revoked if a citizen, within ten years following naturalization, refuses to testify before a congressional committee on 'subversive activities' and is subsequently convicted of contempt. However, this provision fails to fully capture the nuances of the legal status of naturalized citizens.

Post-Afroyim Decision

Following the landmark Supreme Court decision in Afroyim v. Rusk, it became notoriously difficult to strip citizenship from naturalized citizens. The Afroyim ruling held that a person's renunciation of citizenship is the result of a voluntary and intentional act, diminishing the authority to deny citizenship. Due to this ruling, naturalized citizens can, in most circumstances, only be denaturalized if they were never United States citizens to begin with. Legally, denaturalization is now more accurately described as declaring the naturalization void ab initio (from the beginning).

Special Cases for Denaturalization

Despite the Afroyim ruling, there are specific instances where naturalization can indeed be reversed. For instance:

Military Service: Individuals who gain citizenship through military service in times of hostilities (which have persisted since 9/11) may be denaturalized if they receive an Other Than Honorable (OTH) discharge before completing five years of service. Testimony and Contempt: If a naturalized person refuses to testify before Congress on 'subversive activities' within ten years of naturalization and is subsequently convicted of contempt, they can also be denaturalized. Post-Approval Acts: Acts committed by a person that would prevent naturalization if done post-approval but before naturalization can strip the resultant naturalization. Note that this does not involve any element of fraud.

These cases are distinct from post-Afroyim denaturalizations in that the individual has actually lost citizenship. Consequently, dependent children who only gained citizenship through their parent's naturalization retain it in these scenarios. In contrast, under fraud-based denaturalization, the naturalization never happened, and the children were never made citizens in the first place.

Intent to Renounce Citizenship

Beyond these specific cases, citizens can lose their citizenship if they commit certain expatriating acts with the intent to renounce citizenship. After the Afroyim decision, the "intent to renounce" became a critical element. Many minor acts were removed from the list of expatriating acts.

For instance, treason alone is not sufficient to expatriate someone, but treason with the intent to renounce citizenship is. If there are contemporaneous statements or other evidence that meets a preponderance of evidence standard to demonstrate such intent, the person can be stripped of citizenship.

Wrongful Deportations

Another aspect contributing to the potential revocation or denaturalization of citizenship is wrongful deportation. Deporting citizens, particularly the poorest or those with mental health issues, to nations where they cannot legally re-enter often results in de facto expatriation. The number of citizens who fall victim to such actions has not been definitively quantified, nor is there a comprehensive database to track such occurrences.

Manufacturing Reasons for Expatriation

Perhaps the most troubling instance of citizenship revocation involved a legal loophole. In a get her gone scenario, it was determined that an ISIS bride was not a native-born U.S. citizen. This loophole, which also allowed her father to commit any crime around her birth time with no legal repercussions, underscores the lengths to which authorities might go to create a justification for denaturalization.

Overall, while the taxation of denaturalization is constrained largely due to the Afroyim decision, the legal avenues available for revoking citizenship of naturalized citizens remain complex and occasionally draconian. Understanding these nuances is crucial for legal professionals and individuals engaged in the process of citizenship.