Denaturalization Referrals: USCIS’s 16 Priority Categories and What They Mean for Naturalized Citizens

What did USCIS change on September 14, 2026?

Denaturalization is the court-ordered revocation of U.S. citizenship that was obtained through naturalization. The new guidance, in Volume 12, Part L of the USCIS Policy Manual, took effect immediately. USCIS renamed Part L “Loss of U.S. Nationality and Revocation of Naturalization,” rewrote Chapters 1 and 2, and folded the old Chapter 3 into Chapter 2.

The alert says the update “does not otherwise change” when a naturalized citizen is subject to revocation. What is new is the structure around it: a list of priority categories, a description of how cases are found and referred, a table of the records officers gather, and a statement that USCIS checks how a petitioner got citizenship on any pending or future petition. USCIS ties the change to Executive Orders 14148 and 14161.

Civil or criminal: how is denaturalization decided?

There are two routes, and both run through a federal district court. In 2000, a federal appeals court struck down rules that had let the former INS revoke naturalization administratively, and those rules were later repealed. That history is summarized in Part L, Chapter 1.

Revoking citizenship is different from cancelling a certificate. Under INA 342, USCIS can cancel a Certificate of Naturalization that was itself obtained illegally, for example by someone who never went through the process. Cancellation affects only the paper. A person who filed Form N-400, was interviewed, was approved and took the oath remains a citizen unless a court revokes it.

Which grounds can lead to denaturalization?

The Policy Manual lists four grounds. It also notes that the government generally cannot seek revocation against someone who was eligible when naturalized but committed a crime afterward.

• Illegal procurement. The person did not meet a requirement, such as residence, physical presence, lawful permanent residence or good moral character. This applies “even if the person is innocent” of deliberate deception.
• Concealment or willful misrepresentation of a material fact. The test, from Kungys v. United States (1988), asks whether a fact was misrepresented or concealed, whether it was willful, whether it was material, and whether citizenship was obtained as a result. Omissions count.
• Joining a barred organization within 5 years. Membership in an organization covered by INA 313 within five years after naturalization is treated as evidence that the person lacked attachment to the Constitution.
• Other-than-honorable discharge. For people naturalized through military service on or after November 23, 2003, separation under other-than-honorable conditions before 5 years of honorable service.

What are USCIS’s 16 denaturalization priority categories?

USCIS prioritizes referral of the following cases to ICE. We grouped them; the Policy Manual lists them one by one in Section C.2.

Cases are found through an officer’s file review, including any later Form I-130, N-600 or N-600K that depends on citizenship. They can also come from automated screening for fraud and security concerns, from a USCIS headquarters or DHS review, or from requests by other agencies such as the State Department. Officers may gather arrest records, court dispositions, marriage and divorce records, entry documents, DNA reports, biometrics comparisons, video-recorded interviews, sworn statements, news reports and social media identifiers.

Source: USCIS Policy Manual, Vol. 12, Part L, Ch. 2, Section C.

How many naturalized citizens are we talking about?

USCIS has not published how many denaturalization referrals it has made under the new guidance, and we didn’t find a referral count in the sources we reviewed. What official data does show is how large the naturalized population is, so it’s clear that priority lists, not blanket review, set the scale.

By our arithmetic, FY 2025 N-400 approvals were about 23% above the 2010–2019 yearly average of new citizens (898,050 ÷ 730,100 = 1.23). The two measures aren’t identical, so read that as a rough comparison.

What happens to a spouse or child after denaturalization?

Revocation is effective as of the original naturalization date, and the person returns to the status they held before. USCIS then reviews pending and previously approved petitions the person filed for relatives, and may deny, revoke or rescind them. A spouse or child can’t later naturalize or get a certificate of citizenship based on that person. Whether they lose citizenship they already derived depends on the ground:

Who should pay closer attention?

• Citizens filing family petitions. If you file a Form I-130 or a similar petition as a U.S. citizen, USCIS says it will look at whether your naturalization was lawful. Your old N-400 answers are part of that review.
• People with an arrest or offense they didn’t disclose. “Felonies that were not disclosed during the naturalization process” is its own priority category, and the case examples in the Manual include offenses committed before the interview and convicted after it.
• Citizens who naturalized through marriage. Marriage fraud is listed. Officers may review marriage and divorce records, interviews and social media.
• Anyone with identity or voting issues in their history. A different name or birth date used with the government, a false claim to citizenship, or voting before naturalization each appears on the list.

Most naturalized citizens are in none of these groups. The Manual itself says “the vast majority” naturalize lawfully. If you haven’t filed yet, our Form N-400 guide covers the disclosures that matter most, and our article on the November 2026 good moral character memo explains another area USCIS is reviewing more closely.

What can naturalized citizens do now?

1. Get your own record. Keep copies of your N-400, interview notices and certificate. If you don’t have them, a Freedom of Information Act request can get your file.
2. Check new filings against old answers. Before you sign a family petition or passport application, compare names, dates, addresses, marriages and arrests with what you reported when you naturalized.
3. Don’t correct the record on your own. If you see a past error, talk with a lawyer before contacting USCIS. How a discrepancy is explained can matter.
4. Get advice before responding. If ICE, the Justice Department or USCIS contacts you about your naturalization, speak with an immigration attorney, and a criminal lawyer if charges are possible, before you answer questions or sign anything.

What is still unclear?

• Volume. There is no published count of referrals, ICE acceptances or court filings under PA-2026-13.
• Discretion. The Manual says USCIS may use prosecutorial discretion only in “very limited” cases, such as when USCIS approved an N-400 too early on residence or physical presence and the person was otherwise eligible.
• Family petitions in progress. The guidance doesn’t say how long a review of a citizen petitioner’s naturalization may add to a pending I-130.

Frequently asked questions