Becoming a naturalized citizen is one of the most momentous milestones in the immigration journey. After years of legal residency, meeting requirements, and demonstrating commitment to the United States, naturalized citizens typically enjoy the same rights and protections as those born on American soil. However, many naturalized citizens wonder about their risk of deportation, particularly when facing serious criminal charges.
Can naturalized citizens be deported after a felony charge? The answer varies based on specific legal factors and individual circumstances. Read on as we explore the conditions under which naturalized citizens might face deportation, the legal processes involved, and the protections available under federal law.
Understanding Naturalized Citizenship Protections
The US Constitution’s Fourteenth Amendment protects all American citizens (including those who are naturalized) from arbitrary government action, including most forms of deportation. Once someone becomes a naturalized citizen, they gain the right to vote, hold most federal offices, and receive protection from removal proceedings that affect noncitizens.
The naturalization process itself involves extensive background checks, English proficiency requirements, and demonstration of good moral character. These requirements ensure that new citizens have established meaningful ties to American society and understand their civic responsibilities. The oath of allegiance further solidifies this commitment to the US and its constitutional principles.
However, naturalized citizenship is not entirely identical to birthright citizenship. The key difference lies in the potential for denaturalization, a rare but legally possible process through which naturalized citizens can lose their citizenship status.
Criminal Convictions and Citizenship Status
Most criminal convictions, including many felonies, don’t automatically threaten naturalized citizenship. Traffic violations, minor drug offenses, and even some more serious crimes typically won’t trigger denaturalization proceedings. The legal system recognizes that citizens, whether naturalized or natural-born, may face criminal charges while retaining their fundamental citizenship rights.
Crime’s Relation to Naturalization
The critical factor is not necessarily the severity of the crime but rather its relationship to the naturalization process itself. Courts have established that certain types of criminal conduct can indicate that an individual was not eligible for citizenship at the time of naturalization or that they obtained citizenship through fraud or misrepresentation.
Your Rights as a Naturalized Citizen
Federal law provides specific protections for naturalized citizens facing criminal charges. Unlike noncitizens, who may face removal proceedings following certain criminal convictions, naturalized citizens can’t be deported solely because of criminal activity. This protection extends to most felony convictions, providing substantial security for those who have achieved citizenship status.
Circumstances That May Trigger Denaturalization
While rare, denaturalization proceedings can occur under specific circumstances outlined in federal immigration law. These situations typically involve conduct that demonstrates the individual should not have been granted citizenship initially or obtained citizenship through improper means.
Terrorism Offenses
Terrorism-related offenses are one category of crimes that may trigger denaturalization proceedings. If a naturalized citizen is convicted of terrorist activities or providing material support to terrorist organizations, the government may initiate proceedings to revoke citizenship. These cases often involve complex legal questions about the timing of the criminal conduct and its relationship to the naturalization process.
Fraud
Fraud during the naturalization process can also lead to denaturalization. If evidence emerges that an individual lied about their background, concealed criminal history, or otherwise misrepresented material facts during their citizenship application, the government may seek to revoke their naturalized status. This includes cases where individuals failed to disclose prior criminal convictions or involvement in activities that would have disqualified them from citizenship.
The Denaturalization Process and Legal Protections
Denaturalization requires a formal legal proceeding in federal court. The government cannot simply revoke citizenship administratively; instead, the government must prove the case before a federal judge using established legal standards.
The burden of proof rests entirely with the government, which must demonstrate by clear and convincing evidence that the individual should not have been granted citizenship or obtained it through fraud. This is a high legal standard that requires substantial evidence and careful legal analysis. The government can’t simply rely on speculation or minor discrepancies in an individual’s application.
A Right to Representation
Naturalized citizens facing denaturalization proceedings have the right to legal representation throughout the process. They can challenge the government’s evidence, present their own witnesses and documentation, and argue for the preservation of their citizenship status. The federal court system provides multiple opportunities for appeal if the initial proceeding results in an adverse decision.
Differences Between Denaturalization and Deportation
Denaturalization is the legal process of revoking citizenship status, while deportation refers to the physical removal of noncitizens from the US. For naturalized citizens, these processes are interconnected but distinct. Even if the government successfully denaturalizes a citizen, it must then initiate separate removal proceedings to deport the individual physically. This two-step process provides additional opportunities for legal challenge and defense.
The denaturalization process focuses on whether citizenship was properly granted initially, while removal proceedings examine current immigration status and eligibility to remain in the US. This distinction means that even individuals who lose their citizenship through denaturalization may have grounds to stay in the country under other immigration categories.
The Importance of Legal Representation
Given the complexity of issues surrounding citizenship and criminal law, professional legal guidance becomes invaluable for naturalized citizens facing serious criminal charges. Immigration law and criminal law intersect in complex ways that require specialized knowledge and experience to navigate effectively.
Experienced attorneys can evaluate the specific circumstances of each case to determine whether citizenship might be at risk. They can assess the nature of the criminal charges, the timing of alleged conduct, and the relationship between criminal activity and the naturalization process. This analysis helps identify potential vulnerabilities and develop appropriate defense strategies.
Legal representation also ensures that naturalized citizens understand their rights throughout criminal or immigration proceedings. Attorneys can explain the potential consequences of different legal strategies and help clients make informed decisions about their cases.
If you’re looking for a trustworthy and experienced immigration lawyer in Lafayette, Louisiana, the Gahagan Law Firm is here to help. Led by Michael Gahagan, we’re dedicated to providing expert legal guidance and personalized support to clients navigating the complexities of immigration law. We’re ready to support you through your immigration journey, so give us a call today.
Moving Forward With Confidence
The question of whether felonies can get a naturalized citizen deported has a complex answer that depends on specific circumstances and legal factors. While naturalized citizenship provides substantial protection from deportation, certain exceptional situations can still threaten this status. Understanding these protections and potential vulnerabilities helps naturalized citizens navigate legal challenges while preserving their citizenship rights.
For most naturalized citizens, criminal charges, even serious felonies, don’t automatically threaten citizenship status. However, the complexity of these issues and the serious consequences of potential citizenship loss make professional legal guidance essential for anyone facing such challenges.