DENATURALIZATION
Top Denaturalization Attorneys in Detroit
Bajoka Law — Federal Denaturalization Lawyers Fighting for You
WHAT IS DENATURALIZATION?
Denaturalization is the process by which the United States government strips someone of their citizenship. Only naturalized citizens can lose their citizenship through denaturalization. People who are born in the United States are given citizenship by birthright which cannot be taken away because birthright citizenship is guaranteed by the 14th Amendment to the United States Constitution. Once someone is denaturalized, they are then subject to being deported or removed from the United States. While denaturalization affects someone’s immigration status, denaturalization cases are tried in federal district court, not immigration court. This is an area of law that has become a greater focus in recent years for the federal government. The Department of Justice has recently created a new Denaturalization Section within their civil division whose focus will be on investigating and litigating denaturalization cases. Expect the full force of the federal government in investigating and litigating denaturalization cases.
LEGAL GROUNDS FOR DENATURALIZATION
There are four legal reasons that the United States government would pursue a denaturalization case against a naturalized citizen, they are listed and described below:
- LYING OR CONCEALING INFORMATION ON NATURALIZATION PAPERWORK
The information that is provided on a citizenship application must be truthful and complete. If important information such as an applicant’s criminal history or other legal names are misstated or left out of a citizenship application, then the United States Citizenship and Immigration Services (USCIS) can initiate a denaturalization case. - MEMBERSHIP IN A SUBVERSIVE OR TERRORIST GROUP
The USCIS will look to revoke a naturalized citizenship completely if they are found to have been a member or a part of any subversive or terrorist group within five years of applying for United States citizenship. Examples of such groups include ISIS or the Nazi party. It is considered a violation of the oath of U.S. allegiance to be a part of such organizations. - REFUSAL TO TESTIFY IN FRONT OF CONGRESS
If the government believes that a naturalized citizen was a member or otherwise a part of a subversive or terrorist group, then that naturalized citizen is required to provide testimony in front of congress if ordered to. This requirement to testify lasts for ten years from the time someone is granted his or her citizenship. Refusing to testify under these circumstances can lead to denaturalization. - DISHONORABLE DISCHARGE FROM THE MILITARY
One method people use to become naturalized as a United States citizen is to serve within a branch of the United States military. A person is required to give at least five years of service honorably in order to cement his or her citizenship in the United States. If someone who is seeking naturalization gets discharged dishonorably before having served five years, then a denaturalization proceeding can take place.
THE DENATURALIZATION PROCESS
A denaturalization case takes place in federal court in the district in which the naturalized citizen last resided. These cases are technically civil cases and not immigration cases, so they will follow all the standard rules of federal civil procedure. Just like other civil cases, the origin of denaturalization case is a formal complaint against the naturalized citizen. That person will have 60 days to respond to the complaint themselves or hire an experienced immigration attorney who can do so on their behalf. Most civil cases have a preponderance of evidence standard, which means that the plaintiff meets their burden if they can prove there is a greater than 50% chance that their claims are true. Criminal cases have a beyond a reasonable doubt standard which is the highest burden proof that exists in law. The USCIS will have to meet a burden higher than most civil cases but lower than criminal cases in order to be successful in denaturalizing a naturalized citizen. Once someone has been denaturalized, they are typically deported soon afterwards.
DEFENSES AND APPEALS
Defenses to denaturalization will always depend on the facts of each case but may include (but are not limited to):
- The government is simply wrong, and the allegations are false;
- The information submitted on the citizenship application was all true;
- There was no specific inquiry about the subject of the allegations;
- The concealment was not intentional;
- There is a case of mistaken identity in pointing to someone as a member of a subversive or terrorist group;
- The dishonorable discharge was improper.
If the District Court who oversees a denaturalization case makes legal errors in deciding a denaturalization case, then there is a process that allows an appeal based on those legal errors. Appeals are highly technical and specific and are not commonly won by those who appeal. If you are at the appeal stage, then you have already missed your best opportunity to win your denaturalization case. Ultimately, your best chance to win your denaturalization case comes with putting forward your strongest case at the beginning with an experienced immigration attorney on your side. You have one chance to do it right.
ANY FURTHER QUESTIONS?
If you or a loved one is facing the possibility of denaturalization or a denaturalization proceeding has already started, you might be asking yourself, what do I do now? Finding a website such as this can be a great resource, but it is not a substitute for the advice of an experienced attorney.
EXPERIENCE MATTERS
Most attorneys have never stepped foot in an immigration courthouse, much less have actually been successful in any immigration-related proceedings. Do you really want your denaturalization case to be the first your attorney has actually defended in court? While the answer to that question might be easy, choosing the right attorney might not be as simple. The right attorney for a denaturalization case is not someone looking to sign up every person that walks through their door. The right attorney for a denaturalization case is one that has the proper experience, time, and resources to put into defending your case against the power of the government. The United States government has unlimited resources when it comes to investigating and building cases. Your first step towards leveling the playing field is hiring an attorney who brings years of successful denaturalization defense experience to the table. At Bajoka Law, we lean on this past experience to help bring future success.