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Blog

Naturalized Citizen Denaturalization: Who’s Really at Risk in 2025?

What Trump’s DOJ Denaturalization Push Means for Naturalized Citizens

By: Radlyn Mendoza, Immigration Attorney and Co-Founder of Gardner & Mendoza, P.C.

We’ve been receiving many calls from naturalized U.S. citizens worried about recent headlines suggesting they could lose their citizenship. If you’re concerned about naturalized citizen denaturalization, you’re not alone. And while the new U.S. Department of Justice (DOJ) memo has sparked concern, the vast majority of naturalized citizens—especially those who disclosed past issues—need not panic.

FAQ: Common Questions for Naturalized Citizens and Denaturalization

Can I lose U.S. citizenship because I had a DUI or marijuana possession that I disclosed during naturalization?
No. If USCIS approved your naturalization knowing about it, you’re protected—this was already reviewed.

What if I was convicted of a crime after becoming a citizen?
You’re safe. Only fraud or misrepresentation before or during your naturalization can lead to denaturalization.

I filed a waiver or was out of the country for more than a year as an LPR before becoming a citizen—does that matter?
No. If USCIS granted your citizenship with full disclosure, it was deemed eligible—no further issues.

If you’re concerned about naturalized citizen denaturalization, you’re not alone.

What’s New?

On June 11, Assistant Attorney General Brett Shumate issued a memo directing DOJ Civil Division attorneys to “prioritize and maximally pursue denaturalization proceedings.” These include:

  • War crimes, torture, human rights abuses
  • Terrorism, espionage, national security threats
  • Gang/cartel involvement
  • Undisclosed felonies during the naturalization process
  • Sex offenses, human trafficking
  • Financial fraud (e.g., PPP, Medicaid/Medicare)
  • Other fraud, abuse of process

Then, in early July, multiple outlets reported the effort is being “intensified,” “significantly expanded,” with broader discretionary reach. Legal experts interviewed by AP News and Axios described the new posture as “unprecedented and alarming.”

Who Is Not at Risk

1. You disclosed a DUI, minor possession, or misdemeanor before naturalization—and USCIS approved you
Safe. The point of denaturalization is fraud—not minor past behavior. USCIS already reviewed it during your process.

2. You were convicted of something after naturalization
Safe again. The government cannot strip citizenship for crimes committed after becoming a citizen.

3. You applied for a waiver or had prolonged LPR status before naturalization
Nothing to worry about. USCIS granted citizenship with full context.

4. You disclosed a serious conviction—like felony drug possession—and were still approved
Still safe. Even if you had a serious charge like felony cocaine possession or another controlled substance offense (other than marijuana), as long as you fully disclosed it and USCIS granted you citizenship, you’re protected.
USCIS has the discretion to approve naturalization when an applicant has demonstrated good moral character despite past mistakes.
Example: You had a 2004 felony conviction for cocaine possession, included court records in your naturalization application, and were honest during your interview. If USCIS approved your case, that conviction cannot be used against you now.
Denaturalization is about fraud or concealment—not past crimes that were disclosed and evaluated.

And this is exactly why using an experienced immigration attorney during the naturalization process is so important. At Gardner & Mendoza, we ensure that any past issues—whether it’s a conviction, waiver, or long-term absence—are properly disclosed and documented. This protects you now and in the future from unnecessary fear or legal complications.

Who Could Be at Risk

One high-profile example is Elliott Duke, whose citizenship was revoked for concealing a federal child pornography conviction. Read about that DOJ victory here.

The DOJ Civil Division’s announcement noted that these efforts are tied to national security and “restoring integrity” to the naturalization process (DOJ Press Release).

Why Most Naturalized Citizens Don’t Need to Worry

Over 25 million naturalized citizens live in the U.S. today (Migration Policy Institute).

Denaturalizations remain rare. According to the Cato Institute, the U.S. has averaged only 11 civil denaturalization cases per year over the past few decades.

Even in prior “Operation Janus” efforts under the Trump administration, the focus was tightly scoped to document fraud—not minor criminal histories.

Legal Protections: They’re Strong

Denaturalization requires a civil court case. The government must meet the standard of clear, unequivocal, and convincing evidence, reaffirmed in Fedorenko v. United States, 449 U.S. 490 (1981)—a foundational case in citizenship law (Justia Summary).

Legal Spotlight: Fedorenko v. United States (1981)

In this landmark Supreme Court case, the Court held that U.S. citizenship may be revoked if it was illegally procured or obtained through willful misrepresentation. The decision established that the government must meet a high burden of proof—“clear, unequivocal, and convincing evidence”—to denaturalize someone.

This case is still cited today as the standard in denaturalization proceedings.

What To Do Now

  • Document your naturalization process
  • Consult with an immigration attorney
  • Stay informed
  • Reach out early

👉 Need help? See our Full Immigration Services

Bottom Line: Most Naturalized Citizens Are Safe

  • Minor offenses or waivers disclosed = ✅
  • Post-naturalization crimes = ✅
  • DOJ’s targets are fraud or national security threats, not the everyday person

This situation underscores why it’s critical to have trusted legal guidance from the beginning. Naturalization isn’t just a form—it’s a complex legal process with long-term consequences. When you work with a firm like Gardner & Mendoza, we help you navigate every step thoroughly and honestly, so your path to citizenship is strong, secure, and defensible—even years later.

If you’re preparing to apply for naturalization, or if you’re unsure whether past issues might create problems, we can help. Our experienced immigration attorneys can review your history, help you present a strong and truthful application, and give you peace of mind. Contact us today to get started.

Filed Under: Immigration Blog Articles

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
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