Can US citizenship of migrants be revoked? What law allows, what it doesn't

Trump's remarks on revoking citizenship revive questions over US denaturalisation law, who can be targeted, and how rare such cases remain

Can US citizenship be taken away from naturalised immigrants? That question moved into the spotlight on Tuesday after US President Donald Trump threatened to revoke the citizenship of naturalised Americans, singling out people from Somalia during a combative speech in Detroit.

 

Speaking after touring a Ford truck factory in Michigan, Trump said he wanted to “reverse citizenship of any naturalised immigrant from Somalia or anywhere else who is convicted of defrauding our citizens”.

 

In an interview with The New York Times last week, the transcript of which was released on Sunday, Trump was asked whether he would strip naturalised Americans of citizenship if he believed they were dishonest or posed a threat.

   

“If they deserve to be stripped, I would, yes,” Trump said. Pressed further, he added, “I’d do it in a heartbeat.”

 

Trump said his administration was “looking at criteria” for such action, though he did not spell out what those standards would be. He dismissed the idea that citizenship protections should be absolute, arguing that loyalty and honesty should determine eligibility.

 

While Trump has been focussing on Somali Americans, about 25 million US citizens were born abroad and later became Americans through naturalisation, according to 2023 data.

 

In the financial year 2024, around 49,700 people born in India became naturalised US citizens.

 

Earlier, the US Department of Homeland Security confirmed it would end Temporary Protected Status, or TPS, for Somali immigrants. TPS allows people from countries facing conflict or natural disasters to live and work legally in the US. The move means thousands of Somali immigrants could now face uncertainty about their future.

 

But can US citizenship actually be taken away, even from people of Indian origin? 

 

Denaturalisation under US law

 

Denaturalisation is allowed only in limited situations, mainly when a person is found guilty of fraud during the citizenship process itself. This can include hiding links to terrorist groups or lying about serious criminal history.

 

When can US citizenship be revoked?

 

Naturalisation is the process through which a person becomes a US citizen. In certain circumstances, that status can be withdrawn.

 

According to US Citizenship and Immigration Services, citizenship can be revoked if it emerges that a person was never eligible to become a citizen in the first place. This could include failing to meet basic requirements at the time of naturalisation, such as:

 

• Being attached to the US Constitution

• Living in the US for the required period

• Being physically present in the country

• Holding lawful permanent resident status

• Showing good moral character

 

Citizenship can also be taken away if a person deliberately concealed or misrepresented material information during the naturalisation process, including details provided on the application or during interviews.

 

To revoke citizenship on this basis, four elements are usually required:

 

• The person hid or misrepresented a fact

• The act was intentional

• The hidden or false information was material

• Citizenship was granted because of that concealment or lie

 

Joining prohibited groups after naturalisation

 

A person may also lose citizenship if they join certain organisations after naturalisation, particularly within five years. These include:

 

• Communist parties

• Other totalitarian parties

• Terrorist organisations

 

Citizenship through military service

 

Citizenship obtained through military service can also be revoked in specific circumstances:

 

• The individual became a US citizen through honourable military service

• They later leave the military under “other than honourable” conditions

• The discharge occurs before completing five years of honourable service 

 

How the revocation process works

 

“Denaturalisation is not a simple administrative action. It involves rigorous legal proceedings, with the government bearing the burden of proof,” said Karen-Lee Pollak, managing attorney of Pollak PLLC, in a blog post.

 

She said the US Department of Justice begins the process by filing a civil lawsuit in federal court. The government must prove, using “clear, convincing, and unequivocal evidence”, that citizenship was improperly obtained.

 

“If the court rules in favour of the government, the individual’s certificate of naturalisation is cancelled. They then revert to their previous immigration status, such as a lawful permanent resident or no status at all. In the latter case, they may face removal,” Pollak said.

 

Despite these provisions, the legal threshold remains high, and revocation is relatively rare.

 

Justice department push under Trump

 

In July last year, the Trump administration formalised efforts to speed up the revocation of US citizenship for some Americans, placing naturalised citizens under closer scrutiny.

 

A justice department memo issued on June 11 directed government lawyers to prioritise civil proceedings to strip citizenship from individuals accused of obtaining it illegally, lying during the process, or being charged with crimes.

 

The directive focused on civil denaturalisation in cases involving war crimes, extrajudicial killings, human rights abuses, terrorism, and individuals convicted of crimes who are seen as an ongoing threat to the US.

 

“The benefits of civil denaturalization include the government’s ability to revoke the citizenship of individuals who engaged in the commission of war crimes, extrajudicial killings, or other serious human rights abuses; to remove naturalized criminals, gang members, or, indeed, any individuals convicted of crimes who pose an ongoing threat to the United States; and to prevent convicted terrorists from returning to U.S. soil or traveling internationally on a US passport,” the memo said.

 

“The Civil Division shall prioritise and maximally pursue denaturalisation proceedings in all cases permitted by law and supported by the evidence,” it added.