Can you lose your US citizenship under the Trump administration?
A woman clutches a US flag as she and applicants from 20 countries prepare to take the oath of citizenship in commemoration of Independence Day during a Naturalization Ceremony in San Antonio, Thursday, July 3, 2025. (AP Photo/Eric Gay)
WASHINGTON – Few rights are as prized – or as misunderstood – as US citizenship. Enshrined in the 14th Amendment, it promises the security of belonging to the American polity.
Yet Supreme Court jurisprudence and a new aggressive federal posture toward denaturalization remind us that, under limited circumstances, even this bedrock status can be lost.
This article traces the constitutional foundations of citizenship, the statutory mechanisms for losing it and the practical steps every naturalized American should take to protect the “right to have rights.”
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Constitutional foundations: Citizenship as a protected liberty
- Afroyim v. Rusk (1967) established that Congress cannot revoke citizenship absent the individual’s assent, anchoring citizenship in personal liberty.
- Trop v. Dulles (1958) struck down denationalization as criminal punishment, labeling it “cruel and unusual.”
- Vance v. Terrazas (1980) clarified that expatriation requires both a statutory act (e.g., formal renunciation or foreign military service) and intent to relinquish nationality, proved by at least a preponderance of the evidence.
These decisions form the modern baseline: Citizenship is robust, but not indestructible.
Two pathways to losing citizenship
The 2025 Trump directive: Expanded denaturalization efforts
On June 11, 2025, the Department of Justice circulated a memorandum instructing its Civil Division to “prioritize and maximally pursue” denaturalization in 10 categories, including national-security threats, gang affiliates, serious felons, and anyone who falsified immigration applications.
Salient features of the new policy:
- Civil process, no right to appointed counsel – The government sues in federal court; defendants must hire their own lawyers.
- No statute of limitations – Naturalizations completed decades ago remain vulnerable.
- High – but attainable – burden of proof – Fedorenko’s demanding evidentiary standard still governs, yet the memo commits additional resources to meet it.
Immigrant rights organizations warn that the directive could chill civic participation and seed mistrust among 25 million naturalized citizens.
Best practices to preserve your citizenship
- Absolute honesty on immigration forms – Even minor, intentional omissions can reopen your file years later.
- Maintain a complete personal archive – Keep copies of every petition, N-400, affidavit, and supporting exhibit.
- Seek counsel before dual-loyalty acts – Voting in certain foreign elections, serving in a foreign military, or taking high foreign office can trigger expatriation if done with relinquishing intent.
- Stay tax-compliant and use your US passport – Demonstrating ongoing allegiance undermines claims of abandonment.
- AddresscCriminal issues early – Expunged or juvenile convictions you failed to disclose may still count; explore post-conviction relief where appropriate.
- Respond promptly to government inquiries – A default judgment can strip citizenship without a merits defense.
- Consult a licensed immigration attorney – Whether contemplating formal renunciation or facing a DOJ letter, professional guidance is indispensable.
Vigilance is the price of security
American citizenship remains among the world’s most secure legal statuses, shielded by constitutional doctrine and rigorous evidentiary standards.
Yet the June 2025 enforcement directive signals a more assertive federal approach to denaturalization. Naturalized citizens – and those who counsel them – must therefore combine legal literacy with proactive compliance.
In an era when immigration rules can shift overnight, an informed citizen armed with competent legal counsel is the best guardian of the “right to have rights.”
Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University and his AB-Philosophy from the University of Santo Tomas ( UST). He is a professor at San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances.
