Can a U.S. citizen be deported? The short, practical answer is no—U.S. citizens generally cannot be deported. Once someone becomes a U.S. citizen, they have full constitutional protections and the right to remain in the country.
Although they apply to very few individuals, U.S. law does authorize the government to revoke citizenship in specific and rare circumstances through a formal court process.
At EMP Law, we help clients manage the anxiety that often accompanies immigration law and citizenship issues by guiding them through these complex legal matters. Our attorneys also provide strong, experienced representation in deportation defense, helping clients protect their rights and remain in the U.S. whenever possible.
Based in North Carolina, EMP Law has a long-standing record of helping individuals stand up to powerful opponents, including government agencies.
How Does Someone Become a U.S. Citizen?
You can obtain citizenship by being born on U.S. soil or by being born abroad:
- To a U.S. citizen parent (if they qualify);
- And being adopted by a U.S. citizen;
- And naturalizing; and
- To a parent who naturalizes before you turn 18;
Every U.S. citizen has the same constitutional rights, regardless of their path to citizenship.
When the U.S. Government Can Revoke Citizenship
The U.S. government can revoke naturalization when an individual never actually meets the requirements to become a citizen, joins specific organizations, or commits treason against the U.S. Although not technically the government revoking citizenship, it can feel like it when someone learns they never had citizenship despite believing they did.
Failing to Meet the Requirements
An individual may fail to meet the requirements to become a U.S. citizen in specific ways, including:
- Making errors,
- Lying, and
- Omitting essential information.
Unless the issue is intentional or material, it typically does not justify denaturalization. Put simply, to be material means that the government would not have allowed the individual to naturalize if it were aware of the true situation. Minor errors or unintentional omissions do not meet the threshold.
Joining Specific Organizations (within Five Years)
If you join an organization that the U.S. regards as terrorist within five years of naturalization, the government may revoke your citizenship.
Treason
U.S. citizens who voluntarily commit acts of treason, like serving in a foreign military engaged in hostilities against the U.S., may lose their citizenship. These cases are rare, but have occurred in recent years related to membership in Al-Qaeda.
Never Having Citizenship
Unfortunately, some individuals born abroad who obtain their citizenship through their parents sometimes discover, contrary to what they believe or what their parents have told them, that they were never U.S. citizens—because their U.S. citizen parent did not meet legal requirements or complete adoption processes.
Why the U.S. Government Rarely Revokes Citizenship
Even when legal grounds exist, the U.S. government seldom pursues denaturalization because of:
- Issues with “statelessness.” International law discourages governments from making people stateless, leaving them without legal nationality in any country and potentially stranding them with no place to live. U.S. courts are cautious about approving denaturalization in cases where the person would be left without any country of citizenship.
- Constitutional standards. To effectively revoke citizenship, the government must provide due process of law, meaning the individual has a fair chance to explain why they should not lose citizenship.
- Legal standards. Like a criminal case, the government, not the individual, must prove its case. It must convince a judge that the individual truly did what it claims and that, if they did, the law authorizes it to revoke this specific person’s citizenship.
- Human rights. The consequences of denaturalization are severe. The government chooses whether to pursue revocation of naturalization or let these issues rest; human rights concerns often weigh heavily against taking such action.
In the rare circumstances where the government offers enough specific evidence about a particular person to convince a judge that they should not be citizens, the government may next pursue deportation.
The Likelihood of a U.S. Citizen Being Deported
Questions like “Can you deport a U.S. citizen?” or “Can you get deported if you are a U.S. citizen?” often arise from confusion or fear. In reality, denaturalization is extremely rare and usually involves high-profile terrorist connections. Revocation of by-birth citizenship is non-existent.
Naturalized citizens may be concerned about past paperwork or statements, such as errors, missed details, or misunderstandings. The government only has grounds to denaturalize if the issue would have changed the outcome at the time.
In other words, if adding or correcting your naturalization application and completing the naturalization process again would result in the government denying you naturalization, it may now seek revocation. Speak with an attorney for peace of mind and help evaluating your specific situation.
Can You Get Deported If You Are a Citizen by Birth?
Generally, if you were born in the U.S. and can prove it, there is nearly no chance the U.S. government has the legal authority to strip you of your citizenship, which it must do before it can deport you.
Can a Naturalized Citizen Be Deported?
Not directly. A naturalized citizen cannot be deported unless their citizenship is first revoked through denaturalization, the government initiates removal (deportation) proceedings, and a judge concludes it has the right to deport the individual.
Facing Citizenship Questions? Contact EMP Law
At EMP Law, we defend the rights of individuals facing legal challenges related to their citizenship status. Our attorneys bring decades of experience and a track record of success in helping clients stand up to powerful institutions. Contact us today. Let EMP Law be your advocate.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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