Posted on 11/07/2021 5:02:14 AM PST by Liz
Although rare, it is possible for a naturalized U.S. citizen to have their citizenship stripped through a process called "denaturalization." Former citizens who are denaturalized are subject to removal (deportation) from the United States. Natural-born U.S. citizens may not have their citizenship revoked against their will, since birthright citizenship is guaranteed by the 14th Amendment to the Constitution, but they may choose to renounce their citizenship on their own.
This article covers the grounds for having one's U.S. citizenship revoked, the basics of the denaturalization process, and defenses to denaturalization.
Grounds for Denaturalization The following are some of the grounds where your naturalization maybe evoked.
Falsification or Concealment of Relevant Facts You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process. Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted. Examples include failure to disclose criminal activities or lying about one's real name or identity.
Refusal to Testify Before Congress You may not refuse to testify before a U.S. congressional committee whose job it is to investigate your alleged involvement in subversive acts, such as those intended to harm U.S. officials or overthrow the U.S. government. This requirement to testify in order to maintain citizenship status expires after 10 years.
Membership in Subversive Groups Your citizenship may be revoked if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen. Membership in such organizations is considered a violation of the oath of U.S. allegiance. Examples include the Nazi Party and Al Qaeda.
Dishonorable Military Discharge Since you may become a naturalized U.S. citizen by virtue of serving in the U.S. military, your citizenship may be revoked if you are dishonorably discharged before serving five years. Reasons for dishonorable discharge, which must follow a general court-martial, include desertion and sexual assault.
The Denaturalization Process Denaturalization, in which a naturalized citizen is stripped of their citizenship, is a process that occurs in federal court (typically in the district court where the defendant last resided) and follows the standard rules of federal civil court cases. As such, it is not an immigration case even though it affects immigration status.
Naturalized citizens found to be in violation of the terms of citizenship must leave the country. Children granted citizenship based on their parent's status may also lose their citizenship after that parent has been denaturalized.
As with any other civil case, the denaturalization process begins with a formal complaint against the defendant, who may respond to the complaint and defend themselves at trial (or hire an immigration attorney). The defendant has 60 days to file an answer to the complaint, where they may claim the action is based on wrong information or that the statute of limitations has expired, for example.
The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization (a heavier burden of proof than most civil cases, but not as great a burden as criminal cases), according to the USCIS Adjudicator's Field Manual:
"Because citizenship is such a precious right, it cannot be taken away unless the government is able to meet a high burden of proof... Accordingly, a case should only be referred for denaturalization where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation."
If your U.S. citizenship is revoked, you may be deported soon after the verdict is issued.
Snip
Does this apply to all lawn grass types or just Southern lawn types?
Denaturalization-palooza.
If you have brought your entire village to the U.S. they must leave also.
WRONG!!
(a)A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
…
(7)committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
18 U.S. Code § 2383 - Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
18 U.S. Code § 2385 - Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
18 U.S. Code § 2384 - Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Bottom line is there are many ways that a natural born citizen can have their citizenship stripped from them...not just voluntarily give it up.
(Personally I think that's why the Dhims keep pushing the "insurrection" line in re Jan 6...)
Not yet.
Wouldn't surprise me if the government tried to do this against the unvaxxed - or those who speak out at school board members, IOW, "The Greatest Threat to 'Our' Democracy."
Does this include Ilhan Omer marrying her brother and then lying about it?
Can we revoke the citizenship of people born in America who hire illegal aliens?
by that criteria any illegal alien has no right to citizenship
Yes,I was think that too...treason,IIRC,can result in your losing your ‘birthright” citizenship.However,it seldom happens (IIRC) because that would result in you becomeing “stateless” which is something that the US,through various treaties,has promised never to do.
...unless they’ve somehow been granted amnesty.
Lol......cute.
Yup
The article confuses 14th Amendment ‘birthright Citizenship’ with ‘natural born Citizenship’.
This should be applied ASAP to the antiAmerican immigration fraudster congresswoman from Minnesota.
No question,
The premise was revoking citizenship acquired under immigration law.
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Right. All the acts mentioned in the law must be done deliberately and voluntarily, and if done then the person is giving up their citizenship by choice. They aren't having it involuntarily stripped from them.
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