In June 2025, the Department of Justice (DOJ) issued a sweeping new directive that marks a significant shift in how the federal government may pursue denaturalization—the legal process of revoking U.S. citizenship. As a law office deeply committed to protecting the rights of naturalized citizens, we believe it's critical to inform our clients and community about the legal implications, historical context, and potential defenses available.

What Is Denaturalization?

Denaturalization is the legal process by which the U.S. government revokes a person's citizenship after it has been granted through naturalization. It typically requires the government to prove that the individual obtained citizenship illegally or fraudulently—such as by concealing a disqualifying criminal history or lying on their application.

Until recently, denaturalization was rare and primarily reserved for egregious cases such as war crimes, terrorism, or immigration fraud. However, under the Trump administration's new policy directives, denaturalization is now being elevated to one of the DOJ's top five civil enforcement priorities. Importantly, these cases are being pursued through civil litigation, not criminal court, which significantly alters the rights and protections available to the accused.

Why This Matters Now

According to a June 11, 2025 DOJ memo, federal attorneys are now directed to “maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence.” The criteria for denaturalization have also expanded beyond traditional fraud to include:

• National security concerns
• Participation in fraud schemes (e.g., PPP loan fraud, Medicaid fraud)
• Post-naturalization criminal activity

The memo also grants U.S. Attorneys broad discretion to refer any case they deem "sufficiently important" for denaturalization, even if the case falls outside traditional categories.

This policy change has already produced real consequences. On June 13, 2025, Elliott Duke, a naturalized U.S. military veteran originally from the U.K., was stripped of their citizenship after being convicted of distributing child sexual abuse material—an offense committed before naturalization but not disclosed during the process.

What Are the Risks for Naturalized Citizens?

Naturalized citizens—particularly those who immigrated under difficult circumstances or whose records were incomplete or inconsistent—now face heightened scrutiny. Civil litigation makes these cases easier for the government to win because:

• There is no right to a court-appointed attorney
• The burden of proof is lower than in criminal trials
• Defendants may lack resources or awareness to mount an adequate defense

This combination means denaturalization could be pursued against individuals who may not have intentionally misled the government, but whose applications contain technical errors, inconsistencies, or omissions—sometimes decades old.

Is This Constitutional?

Many legal scholars and civil rights organizations argue that this aggressive approach violates due process rights under the 14th Amendment. In particular, critics warn that it creates a “two-tier” system of citizenship, where naturalized Americans live under constant threat of revocation while those born in the U.S. do not.

Professor Cassandra Robertson of Case Western Reserve University warns that civil denaturalization erodes democratic protections by denying due process, especially to those who cannot afford legal representation. The risk extends to children as well—many of whom derive citizenship through their naturalized parents. If a parent loses their citizenship, a child's status may suddenly come into question.

Defending Against Denaturalization

At the Law Office of Steve Lopez, we represent clients who face denaturalization or other immigration-related challenges. Defending against denaturalization often involves:

1. Challenging the Evidence: The government must prove that the citizenship was obtained illegally or fraudulently. Many cases rely on circumstantial or incomplete evidence.
2. Statute of Limitations & Estoppel: There may be procedural defenses, especially if the alleged conduct occurred decades ago and the government delayed enforcement.
3. Humanitarian and Equitable Arguments: We may argue that denaturalization would result in unjust consequences—such as statelessness, family separation, or removal from a country where the client has deep roots.
4. Constitutional Defenses: We can challenge civil denaturalization as a violation of due process and equal protection, particularly where minor errors or post-naturalization conduct are being retroactively weaponized.

What Should You Do Now?

If you're a naturalized U.S. citizen—or assisting someone who is—this new DOJ directive is not something to ignore. Even if you believe your path to citizenship was clean and lawful, the expanded authority granted to prosecutors, vague criteria for enforcement, and lack of due process safeguards in civil proceedings mean that many people could be swept into denaturalization efforts unfairly. Here's what you should do now to protect yourself and your loved ones:

1. Review Your Naturalization Records

Carefully examine your original N-400 naturalization application and any supporting documentation you submitted. Look for:

• Inadvertent omissions or errors (e.g., failure to disclose arrests, different names used, gaps in address history).
• Answers that may now be interpreted differently under stricter scrutiny.
• Any documentation that may have been incomplete or lost over time.

Even a seemingly minor mistake—especially one related to criminal history, immigration status, or affiliations—could be reinterpreted as willful misrepresentation. Early identification of potential issues allows you to prepare a response strategy if needed.

2. Secure Your Documentation

Keep physical and digital copies of all key immigration documents:

• Naturalization certificate
• N-400 application and all supporting evidence
• Passport(s) from your country of origin
• Any criminal or immigration records
• Correspondence with USCIS, ICE, or DOJ

If you are unable to locate your records, a Freedom of Information Act (FOIA) request can help you obtain your immigration file (A-file) from USCIS.

3. Avoid Speaking to Investigators Without Counsel

If you are contacted by any government official—including federal agents or prosecutors—do not answer questions about your naturalization or immigration history without first speaking with a qualified immigration or civil defense attorney.

Statements made to government agents, even if informal or off-the-cuff, can and will be used against you in a denaturalization case. You have the right to remain silent and to legal representation—even in civil matters.

4. Consult a Qualified Attorney Immediately

Whether you are already under investigation or simply worried about your exposure, the best step you can take is to consult with an experienced attorney. At the Law Office of Steve Lopez, we offer:

• Thorough reviews of your naturalization history
• Evaluation of your potential risk
• Legal representation in civil denaturalization proceedings
• Strategic defense planning in the event of an enforcement action
• Assistance with FOIA requests and criminal record analysis

Our firm has deep experience in defending civil claims and immigration matters. We will fight to preserve your status, protect your rights, and—if necessary—challenge the government's actions on constitutional grounds.

5. Stay Informed

Policies surrounding immigration and citizenship are evolving rapidly. What is lawful today may be interpreted differently under new administrations. We encourage our clients to stay informed by:

• Signing up for updates on our website (www.stevelopezlaw.com)
• Following trusted immigration advocacy groups like AILA and ILRC
• Attending know-your-rights workshops when available
• Monitoring policy announcements from the DOJ and USCIS

6. Protect Your Family

If your children derived citizenship through your naturalization, consider reviewing their legal status as well. A denaturalization action against a parent can have a ripple effect that places a child's legal rights in jeopardy—especially if the child does not have separate documentation confirming their status.

We can assist you in securing certificates of citizenship, U.S. passports, or other proof of status for children who may be affected.

We're Here to Help

The right to citizenship should not be subject to political whims or bureaucratic overreach. At the Law Office of Steve Lopez, we are committed to defending the rights of naturalized Americans and holding the government accountable to constitutional principles.

If you're facing a denaturalization threat—or simply want peace of mind—contact us today for a confidential consultation.

📞 (562) 904-1193
📍 8562 Florence Avenue, Suite A, Downey, CA 90240
🌐 www.stevelopezlaw.com