Current U.S. Policy on Who Can Lose Citizenship

Introduction

U.S. citizenship is a highly protected legal status, but in rare, specific circumstances, it can be lost—either voluntarily or involuntarily. This blog explains the current laws and interpretations governing the loss of citizenship for both natural-born and naturalized Americans.

1. Voluntary Relinquishment (Expatriating Acts)

According to U.S. law, including 8 U.S. Code § 1481, a person—whether born in the U.S. or naturalized—may lose nationality only by voluntarily performing certain acts, with the intent to relinquish citizenship. These include:

• Seeking or obtaining foreign citizenship.

• Taking an oath of allegiance to another country.

• Serving in a foreign military or government position.

• Committing treason, insurrection, or similar anti-U.S. actions.

Crucially, U.S. Supreme Court decisions affirm that citizenship cannot be lost without consent:

• Afroyim v. Rusk (1967): Citizenship cannot be revoked involuntarily.

• Vance v. Terrazas (1980): The government must establish intent to relinquish citizenship.

• Nishikawa v. Dulles (1958): Government must prove voluntariness by “clear, convincing and unequivocal evidence.”

  
  

2. Involuntary Loss (Denaturalization of Naturalized Citizens)

Naturalized citizens may lose their U.S. citizenship involuntarily through legal proceedings—known as denaturalization. The grounds include:

A. Fraud, Misrepresentation, or Concealment

If someone obtained citizenship through false statements, omissions, or otherwise failing to meet eligibility rules, their naturalization may be revoked—even years later. The Supreme Court decision in Maslenjak v. United States (2017) clarified that only material false statements, which contributed to obtaining citizenship, are grounds for revocation.

B. Affiliation with Prohibited Organizations

Joining extremist or hostile organizations—such as terrorist groups or extremist political parties—within five years of naturalization can lead to denaturalization.

C. Military Service Followed by Dishonorable Discharge

If someone naturalizes based on military service and then receives an other-than-honorable discharge before five years of honorable service, they may be at risk of losing citizenship.

D. Impact on Family Members

Children or spouses who became citizens through a naturalized relative may also lose citizenship if the relative’s naturalization is revoked—especially if they reside abroad and the original naturalization was procured by fraud or misrepresentation.

3. Increased Enforcement in Recent Times

While denaturalization has historically been rare, recent developments indicate a more aggressive stance.

Operation Janus

In 2018, the Department of Homeland Security (DHS) launched Operation Janus, a joint effort with the Department of Justice (DOJ) to uncover naturalization fraud. The initiative began when old fingerprint records from the 1990s were digitized and cross-checked against current immigration files. This process revealed cases where individuals had changed their names, used multiple identities, or failed to disclose prior removal orders before applying for citizenship.

The government has used Operation Janus to identify naturalized citizens whose paths to citizenship may have included inconsistencies or omissions in their immigration history. In some cases, citizenship has already been revoked, and many more files remain under review.

Real-World Examples from Our Experience

At Omole Law Firm, we have seen how even seemingly minor inaccuracies during earlier immigration filings—like a visa application—can later become serious issues. For example, some clients mistakenly provided inaccurate information about the number of children they had at the time of filing. Sometimes this was due to misunderstanding how to list children living outside the U.S., or confusion about whether to include stepchildren or children born out of wedlock.

Although these details may not have been material to the approval of the original visa, the government may later argue that such misstatements show a pattern of misrepresentation, which could be used to challenge naturalization under initiatives like Operation Janus. This is especially concerning because even small discrepancies, if labeled as intentional, can place a person at risk of denaturalization proceedings. For this reason, we counsel our clients to be extremely thorough and accurate when filling out immigration forms, and to correct or clarify any mistakes as soon as they are discovered.

Summary Table

Who	How Citizenship Can Be Lost	Conditions/Requirements
Natural-Born Citizens	Only via voluntary act with intent	Serious thresholds, must prove voluntariness (Nishikawa)
Naturalized Citizens	Denaturalization (judicial process)	Fraud/misrepresentation, military dishonor, extremist ties
Family Members (derivative)	Possible loss if original naturalization revoked	Usually when residing abroad; depends on case specifics
Policy Trend	More aggressive scrutiny of naturalized citizens	New enforcement memos, broader targeting criteria

Final Notes

• U.S. citizenship is extremely protected, especially for those born in the U.S. It can only be lost through voluntary actions, backed by clear evidence of intent.

• For naturalized citizens, citizenship is generally permanent, but can be revoked through court proceedings under specific legal grounds.

• With initiatives like Operation Janus, even small mistakes from years past can resurface. If you're a naturalized citizen or derived citizen concerned about your status, it is vital to consult an experienced immigration attorney.

  
  

📌 Call to Action - At Omole Law Firm, we guide clients through the complexities of U.S. immigration and citizenship law. If you have concerns about past immigration filings or want peace of mind regarding your citizenship status, contact us for a confidential consultation.

📞 (704) 709-1714📧 info@omolelawoffice.com📍 5500 Executive Center Drive, Suite 219, Charlotte, NC 28212