When someone becomes a naturalized citizen, it often feels like the final step in their immigration procedure. However, even naturalized citizens are not immune to deportation. While rare, deportation can occur if specific legal criteria are met.
In this blog, we will answer the question: Can a naturalized citizen be deported? We will discuss how these situations arise and how you can avoid them from happening.
1. Fraud During the Naturalization Process
Naturalized citizenship can be revoked if it is obtained through fraud or deliberate misrepresentation. This includes providing false information on forms, omitting relevant details, or using forged documents. For example, if someone fails to disclose a past criminal conviction or falsifies their marital status, they could face both denaturalization and subsequent deportation.
One notable case involved a naturalized citizen who concealed involvement in war crimes in their home country. When this information came to light, their citizenship was revoked, leading to deportation. Honesty during the naturalization process is crucial to maintaining one’s citizenship status.
2. Committing Certain Crimes
Although naturalized citizens are protected under U.S. law, committing specific crimes can make them vulnerable to deportation. These include:
- Aggravated felonies: Crimes like murder, rape, or drug trafficking.
- Crimes of moral turpitude: Acts involving fraud, theft, or intent to harm others.
For instance, if a naturalized citizen is convicted of a serious offense within five years of gaining citizenship, they may face revocation and deportation. Even crimes committed after naturalization could lead to deportation if they demonstrate a breach of moral or legal responsibility.
The principle of “moral turpitude” depends on how courts interpret specific actions. For instance, theft involving intent to permanently deprive someone of their property could qualify, while other types of theft may not. This interpretation often varies by state and federal law, adding layers to how these cases are handled.
3. Membership in Certain Organizations
Joining or supporting organizations deemed hostile to the United States can jeopardize a naturalized citizen’s status. This includes involvement in terrorist groups, totalitarian parties, and organizations advocating for the overthrow of the U.S. government.
For example, if evidence surfaces that a naturalized citizen joined a group promoting violent activities against the government, it could trigger an investigation. Membership in these organizations not only violates U.S. values but may also be interpreted as a direct threat to national security.
Post-9/11 legislation has increased scrutiny of affiliations with certain groups, even if those affiliations occurred years before naturalization. Naturalized citizens who travel abroad and engage in questionable activities may also face investigations upon their return.
4. Failure to Fulfill Citizenship Duties
Naturalized citizens are expected to uphold the responsibilities of citizenship, including loyalty to the United States. Failing to meet these duties can have severe consequences. Renouncing U.S. citizenship or participating in actions contrary to the country’s interests, such as voting in foreign elections, could raise red flags.
In some cases, dual citizens who pledge allegiance to another country’s government or military may find their U.S. citizenship questioned. While dual citizenship is generally accepted, actions implying primary loyalty to another nation can lead to legal challenges.
For instance, dual citizens serving in foreign militaries or holding high-ranking government positions in another country may face scrutiny under U.S. law. These situations often spark debates about where an individual’s true allegiance lies, making them grounds for deportation proceedings.
5. Discovery of Prior Deportable Offenses
Sometimes, a naturalized citizen’s past comes back to haunt them. If it is discovered that they committed a deportable offense before naturalizing, their citizenship could be revoked. This is particularly true if the offense was not disclosed during the naturalization process.
For example, a person who committed tax fraud years before applying for citizenship and failed to report it might face denaturalization. Thorough background checks are conducted during naturalization, but undisclosed offenses can still surface later, leading to legal consequences.
U.S. Citizenship and Immigration Services (USCIS) has the authority to reopen cases if new evidence of past offenses is presented. If found guilty, the individual could face deportation and a permanent bar from re-entering the United States.
How to Avoid These Pitfalls
While the risks of deportation for naturalized citizens are low, it’s important to remain informed and proactive. Here are some tips to protect your status:
- Be Honest During the Application Process: Always provide truthful and complete information when applying for naturalization.
- Follow the Law: Avoid actions that could lead to criminal charges or affiliations with problematic organizations.
- Understand Dual Citizenship: Know the legal boundaries of holding citizenship in multiple countries. Also, avoid activities that could be perceived as conflicting with U.S. interests.
- Maintain Good Records: Keep documentation of your activities and legal history to address any issues promptly if they arise.
Last Words
While naturalized citizens enjoy many of the same rights as U.S.-born citizens, their status is not entirely immune to legal scrutiny. Fraud, criminal activity, and membership in prohibited organizations, among others, are valid reasons a naturalized citizen could face deportation. These risks highlight the importance of staying vigilant and informed about the responsibilities of U.S. citizenship. If you or someone you know has concerns about this topic, consulting an immigration attorney can provide clarity and guidance.
