United States legislation establishes that citizenship It is a permanent condition for those who obtain it by birth or naturalization. However, there are circumstances in which Federal Government can revoke the naturalization And, in some cases, deport the affected person. These procedures are regulated in the Title 8 and the Title 18 of the United States Code, according to the United States Citizenship and Immigration Service (USCIS) and the Government Ethics Office (OGE).
The process of denaturation It is a legal procedure through which the Federal Government Remove the citizenship To a person naturalized If it is shown that he obtained it in a way fraudulent or who has committed Crimes that affect the national security. Although it is a rare process, it can have serious consequences for those who face it, since the loss of citizenship can lead to the deportation If they don’t possess another Legal immigration status.
He United States Government has implemented strategies to identify cases in which the citizenship It was acquired irregularly. Through programs such as Janus operationthousands of requests have been reviewed naturalization To detect irregularities and possible Fraud in obtaining the citizenship.
He Title 8 of the United States Code, in its Section 1451stipulates that government can initiate a process of denaturation When it is demonstrated that the citizenship It was obtained through fraud or misrepresentation of relevant facts. According to USCISthis includes the presentation of false information in the application for naturalization, the omission of criminal records or the use of counterfeit documents. If a Federal Court cancels naturalization, the person returns to their previous immigration status and, if it does not have a valid legal residence, it can be deported.
He Title 18 of the United States Code establishes that certain Crimes related to the national security They can lead to Revocation of citizenship. Among them are the betrayalhe espionage and participation in acts of terrorism. According to the Government Ethics Office (OGE)the Naturalized citizens that are condemned by these Crimes They can lose their citizenship if it is shown that they committed such actions within five years after their naturalization.
The process of denaturation and deportation requires one court order. According to USCISthe revocation of citizenship does not occur automatically, but the government must present evidence before a federal court. If the Court dictates that the citizen acquired their status in a fraudulent manner or participated in activities that threaten the security of the country, a denaturation order is issued. Subsequently, the National Security Department (DHS) can initiate a process of expulsion If the person does not have another form of legal immigration status.
The denaturation and deportation of Naturalized citizens It has been subject to various judicial procedures in recent years. USCIS He points out that, in cases of mass fraud in the naturalization process, the Government has revoked the citizenship of persons who did not meet the requirements established in the law. An example of this occurred with Operation Janus, an initiative that allowed identifying individuals who obtained citizens despite having a history of deportation under other identities.
The US legislation does not allow the Revocation of citizenship To people born in the country. He Title 8 The United States Code establishes that only naturalized citizens can lose their status in cases contemplated by law. Those born in American territory maintain their citizenship permanently, unless they voluntarily renounce it before the corresponding authorities.
People subject to denaturalization processes have the right to present a legal defense. According to USCIS, those affected can challenge the court’s decision and request an appeal. However, if the revocation is confirmed in higher instances, the loss of citizenship is definitive and the person is subject to the migratory laws applicable to non -citizens.
