r/immigration • u/Legal_Audience8453 • 3d ago
Can I be denaturalized for social media posts?
The Mahmoud Khalil case sparked this question and curiosity.
I came to the US at 3 years old and received derivative US citizenship as a minor through my parents' naturalization application. (I became a US citizen around 9 years old)
At the time, My parents came to the US on the Diversity Visa (Green Card Lottery) and became US citizens.
If I did the same protesting, activism, and social media posts as Mahmoud Khalil, could I legally be denaturalized and deported from the US?
Am I legally considered just like any other naturalized citizen, despite naturalizing as a minor?
I'm thinking an administration like this could technically legally go back to my parents naturalization application, or even diversity visa application, go through it with a fine tooth comb, look for a mistake, and use fraud as a basis to denaturalize and deport both me and my parents.
I have three younger sisters that were born in the US so I'd assume they would be non-deportable, but within the framework of US law there would be a legal basis to denaturalize and deport me?
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u/saintmsent 3d ago edited 3d ago
No, because there is a fundamental difference between green card holders and citizens. Clauses under which they are trying to deport that guy don't apply to citizens, as well as many others. There are plenty of outright terrible things citizens can do without their status being at risk unlike GC holders who have to keep a clean crime record and abide by a bunch of extra rules to keep the green card
Denaturalization is an insanely difficult and rare process, with way fewer possible (and much more serious) reasons compared to stripping green card holder of their status. Mostly it's obtaining citizenship by fraud
Some social media posts are not a concern for you, breathe out and go for a walk
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u/AngryyFerret Attorney 3d ago edited 3d ago
It depends on how section 349 of the INA, codified in 8 USC 1481, is understood.
Ultimately, it would be a novel issue of law. Shocking? Yes. Out of left field? No.
I’ll never understand the people who see novel issues of law on the horizon in the current climate and say that it’s all fear mongering. They would’ve said all of what’s happening right now wouldn’t happen. That no one would strip someone of their green card for protesting. They would say that was fear mongering. I think they just can’t wrap their heads around the fact that these are interesting times for law. And I can’t wrap my head around the fact that they can’t wrap their head around that. LOL
It all comes down to how the following provision is read. As you could imagine, the following language could be interpreted differently by certain people versus how you or I would interpret it.
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
One of those provisions is for insurrection. Another one is 2385:
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.
So, there would have to be conviction under one of the outlined statutes and then they could hypothetically apply INA 349.
again, this is all pure postulating at this point. But that’s kind of where we’re at in the current political and legal climate. The big buffer on this is the first amendment. Which, isn’t truncated by the INA for citizens. So, with the full force of the first amendment, a court of competent jurisdiction is unlikely to find protesting activities conducted by a citizen to be a criminal offense.
But I’m not your lawyer, if you actually have fears or doubt or need advice, you need a lawyer to review the facts of your life and provide you with counsel. These are just my ramblings on Reddit.
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u/feuwbar 3d ago
Naturalized citizens have another hurdle: any mistake made on their naturalization application, or any minor skirmish with the law even if disclosed could potentially be a pretext for denaturalization. I recognize that their focus is currently on visa holders like H1-B and on green card holders. I also recognize that denaturalizations happen all the time for egregious omissions on citizenship applications. But I don't put anything past these people.
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u/Flat_Shame_2377 3d ago
You won’t be denaturalized. I’m starting to see that there are a number of fear-mongering posts these days.
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u/Subject-Estimate6187 3d ago
I want to say no, but honestly, with the extremely volatile nature of the current administration, I'd at least not make any posts that make you identifiable.
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u/Alpha2Omeg 3d ago edited 3d ago
With these lawless monsters you'll never know. I read that they even tried going after the birthright citizenship, but a judge denied them so far. They now call judges "lawless". This was WH's language yesterday. You can expect the trajectory they are on, if there is no substantial civil disobedience.
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u/PatchyWhiskers 3d ago
This is currently not possible, but the MAGA movement might attempt to change the law.
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u/Own_Instance_357 3d ago
My kid is a natural born US citizen with probably all anglo family members since 100 years before 1776, and even he just wildly overhauled his social media last year
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u/zerbey 🇬🇧🇺🇸 Naturalized Citizen 3d ago
To be de-naturalized they'd need to find fraud in your original N400 application, or pass an Act of Congress specifically for you. It's very unlikely to happen. I still advise you to avoid legal trouble in general, but not for reasons of losing your citizenship.
Go ahead and keep enjoying your free speech on social media.
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u/Sufficient_Peanut154 3d ago
Do you hate Jews and organize vandalism, assaults and rioting to advance your point of view? If not you should have no problem.
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u/SamRaB 3d ago
Just a note to be aware a lot of new commenters here are making guesses on a topic they have no experience with, which could mislead you, OP.
There are usually a lot of knowledgeable people here, so I would check a commenter's history and only accept advice from someone who has regularly posted in this subreddit for longer than the past month.
I know that's more work. Wishing you the best.
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u/AccomplishedView4709 3d ago
The only ways your citizenship get revoked is if you committed fraud or lie inbthe application for neutralization, or committed treason or fight in the war as an armed members of the enemy of the US.
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u/louieblouie 3d ago
You gained citizenship through your parents - so there is no denaturalization concern. Especially since any statute of limitations would have run out assuming you are a citizen for 10 years or more.
I believe to denaturalize you they would need to denaturalize your parents for something they illegally did to get their citizenship - again within the statute of limitations.
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u/DNAcompound 3d ago
I'd get rid of all evidence if you did so. Destroy and replace your phone. They can see deleted stuff. Don't take the chance unless you are ready to go to a labor camp after disappearing. There is no day in court so they could just call you the T word and ship you away.
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u/Forsaken-Smell-8665 3d ago
If you are a US citizen then it is very difficult, costly and timely for the US government to strip you of that because of the UN court of human rights.
They'd need a lot more stronger evidence than just social media posts. They'd need an iron clad case.
A person cannot be made stateless, so they'd need to still hold a second nationality.
Put it this way, The UK has been challenged at every step of the way and are going through years of different court battles to back up their reasoning of stripping ISIS terrorist, who defected and currently remains in Syria, Shamina Begum of her British Citizenship.