US DOJ’s Memo Prioritizing Denaturalization Cases

 

On June 11, 2025, the U.S. Department of Justice (DOJ) issued a memorandum directing its Civil Division to prioritize the prosecution of civil denaturalization cases against certain naturalized U.S. citizens. This marks a significant development in immigration enforcement policy, signaling a more aggressive approach to revoking citizenship from naturalized citizens.

Under Section 1451(a) of Title 8 of the U.S. Code, the Department of Justice can file a civil lawsuit to take away a person’s U.S. citizenship, if that person got naturalized either illegally or by hiding important information or lying on purpose.  The recent DOJ memo is significant in several ways.

Civil Denaturalization

First, the DOJ now emphasizes civil denaturalization proceedings, which are handled in federal court and do not require a criminal conviction. This lower burden of proof (preponderance of the evidence) contrasts with criminal denaturalization, which requires proof beyond a reasonable doubt.

The DOJ encourages re-evaluation of old naturalization cases, especially where post-naturalization criminal convictions might uncover fraud or misrepresentation during the original application process.  Further, U.S. Attorneys and DOJ trial lawyers are instructed to coordinate with DHS, particularly USCIS and ICE, in identifying and litigating these cases.

Targeted Criteria for Denaturalization

The memo outlines three primary categories of individuals who may be targeted:

1. National Security Risks – Those suspected of terrorism, espionage, or other threats to U.S. security.
2. Human Rights Violators – Individuals involved in war crimes, genocide, or torture abroad.
3. Fraudulent Naturalization – Cases where applicants allegedly lied or concealed material facts during their naturalization process, such as undisclosed criminal records or immigration fraud.

Under this new policy, a broad range of cases are covered, including naturalized citizens who obtained their green cards through family-based and employment-based immigrant visa categories. Individuals who have had questionable marriages or concealed material facts regarding their marital status could be targeted.  Employment-based cases can be reopened if the bona fides of the job opportunity is questioned. USCIS has interpreted the applications of laws such as AC-21's portability provisions quite generously, but this could change under the Trump Administration.  

Individuals who committed fraud can also be targeted.  This includes: financial fraud against the United States (including Paycheck Protection Program (“PPP”) loan fraud and Medicaid/Medicare fraud); fraud against private individuals, funds, or corporations.  

Individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category.  

Affected Naturalized Citizens

The criteria listed under the DOJ memo is so broad that any naturalized citizen's case could be reopened for review.  There is also no time limit for civil denaturalization. The following individuals are likely to be targets: 

• Naturalized U.S. Citizens with past undisclosed criminal conduct, immigration violations, or misstatements on N-400 forms.

• Individuals from conflict regions where the U.S. suspects involvement in war crimes or terrorism may face revived scrutiny.

• Individuals who committed fraud or failed to disclose material facts and information in their green card and/or naturalization applications.

Final Note

Denaturalization remains a rare and legally complex process. While denaturalization is legal under 8 U.S.C. § 1451(a), courts have historically limited it to egregious cases involving clear fraud or criminality. The DOJ’s memo signals a renewed institutional focus on stripping citizenship in specific cases — especially those implicating national security or material misrepresentation. Naturalized citizens with prior legal issues should consult qualified immigration counsel to evaluate potential exposure and ensure their naturalization records are in good order.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultat