April 2025: The Department is currently revising this guidance. For any questions about the scope or applicability of this section, please consult the Office of Immigration Litigation.

The Enforcement Unit, led by an Associate Director within OIL’s General Litigation and Appeals Section, has principal Departmental authority to coordinate and handle affirmative civil denaturalization litigation under 8 U.S.C. § 1451. The Enforcement Unit pursues cases in a manner consistent with the Civil Division’s prioritization system, which guides the evaluation of referrals and the determination of which § 1451 actions generally should be pursued when the Department determines that an individual “illegally procured” naturalization or procured his or her naturalization by “concealment of a material fact or by willful misrepresentation.” 8 U.S.C. § 1451(a). The Civil Division has adopted the following priorities:

1. 1. Cases against individuals who pose a potential danger to national security, including those with a nexus to terrorism, espionage, or the unlawful export from the United States of sensitive goods, technology, or information raising national security concerns.
2. 2. Cases against individuals who engaged in war crimes or human rights violations.
3. 3. Cases against individuals who committed very serious felonies that were not disclosed during the naturalization process. In determining whether there was a very serious felony, the following factors should be assessed:
   1. 1. Whether the conduct shows the individual presents a significant ongoing risk to public safety or to vulnerable persons. Relevant to such a determination is whether the individual committed human trafficking, sex offenses, or violent crimes, or held a public-trust position.
   2. 2. Whether the conduct resulted in conviction and involved substantial culpability or responsibility for an extensive and sustained criminal enterprise, or caused extraordinary harm to individuals or entities in the United States, including significant financial loss to individuals, entities, or the United States.

The decision to pursue denaturalization ultimately depends on all the facts and circumstances of the individual case. The categories above are intended to guide the Civil Division in prioritizing the cases to pursue. They do not forbid the Division from pursuing any particular case. The Division retains full discretion to pursue a case outside of these categories as the Division determines is appropriate in light of the facts and circumstances.

Moreover, not every case falling within a priority category should necessarily be pursued. The decision whether to file a complaint in a particular matter is a case-by-case determination to be made following a careful investigation and consideration of all relevant facts and circumstances. Particularly heightened scrutiny should be applied before invoking the narrow statutory provisions in which Congress has authorized civil denaturalization in connection with post-naturalization conduct. See 8 U.S.C. §§ 1439(f), 1440(c), 1451(c).

Where the outcome of a civil denaturalization proceeding may be affected by criminal or post-conviction proceedings, if any, the Division should strongly consider waiting until the completion of such proceedings before commencing a civil denaturalization case. Likewise, if criminal or post-conviction proceedings are initiated after a civil denaturalization case has commenced, the Division should strongly consider staying the civil denaturalization case pending completion of the criminal or post-conviction proceedings.

Furthermore, this prioritization system does not apply to matters that arise in connection with the negotiated terms of a criminal plea agreement—for example, where a defendant agrees in a criminal plea agreement to consent to civil denaturalization or not to oppose such proceedings. Department prosecutors are encouraged to consult with the Civil Division before entering into a plea agreement involving civil denaturalization.

To institute a civil denaturalization action, the Enforcement Unit must first obtain approval from the Assistant Attorney General for the Civil Division (or the individual functioning as the head of the Civil Division, if no AAG is in place) before seeking written authorization from the relevant U.S. Attorney’s Office (USAO), as required by 8 U.S.C. § 1451. The submission of a prosecution memorandum to the Assistant Attorney General (or the individual functioning as head of the Civil Division) is required for each proposed civil denaturalization case. If preparation of a prosecution memorandum would be impracticable because of the need for expedited action, the case should be brought to the attention of the Assistant Attorney General (or the head of the Civil Division). In addition, no affirmative civil immigration suit should be instituted by a USAO without prior consultation with the Enforcement Unit by writing to denaturalization@usdoj.gov. For human rights violator-related civil denaturalization actions, USAOs should also contact the Criminal Division’s Human Rights and Special Prosecutions (HRSP) Section (see JM 4-1.217).

The Enforcement Unit regularly provides advice on criminal naturalization fraud prosecutions under 18 U.S.C. § 1425 and can participate in such cases on a case-by-case basis. USAOs should promptly notify the Criminal Division’s HRSP Section when they open any matter that involves the investigation or prosecution of a suspected human rights violator, even if charging torture, war crimes, genocide, female genital mutilation, or use or recruitment of child soldiers is not legally or factually possible or the matter will not require defining or proving those charges. See JM 9-2.139(c) and 9-142. In addition, prior express approval of the Assistant Attorney General (AAG) of the Criminal Division (or his or her designee) is required for certain court actions involving torture, war crimes, female genital mutilation, recruitment or use of child soldiers, or genocide, or for other cases involving perpetrators of human rights violation as determined by the AAG, see JM 9-2.139 and 9-142. Assistant U.S. Attorneys charging a violation of § 1425 should send an email containing the case name and number, and the names of the assigned AUSAs, to denaturalization@usdoj.gov. AUSAs should also send an email notifying OIL’s Enforcement Unit of the resolution of all such cases to ensure proper notification is provided to the Department of Homeland Security (DHS) and the Department of State in all situations where an individual’s naturalization is revoked.

All complaints for revocation of naturalization filed pursuant to § 1451 should contain a demand that the certificate of naturalization and all United States passports be surrendered to the United States. See 8 U.S.C. § 1451(f). All proposed court orders in such cases should provide for the prompt surrender of such documents. Upon receipt of the certificate and passport(s), the Enforcement Unit will oversee the return of the certificate to DHS United States Citizenship and Immigration Services and any passport(s) to the Department of State in accordance with established protocols.

A defendant’s failure to comply with a court order requiring such surrender may constitute an independent criminal violation under 18 U.S.C. § 1428.

This section, and the prioritization system and prosecution memorandum requirement it references, do not, and may not be relied upon to, create or confer any right or benefit, substantive or procedural, enforceable at law or equity by any party in any administrative, civil, or criminal matter, or in any other form or manner. Likewise, this guidance does not limit the Civil Division’s lawful enforcement of the immigration laws or the Department of Justice’s litigation prerogatives. It is intended solely to provide internal direction to Department of Justice attorneys and staff.

[updated October 2024]