Under what actions can a U.S. citizen lose citizenship and do rules differ for dual nationals?
Executive summary
U.S. law allows involuntary loss of citizenship only for certain naturalized citizens whose citizenship was unlawfully obtained — typically by fraud, willful misrepresentation, or concealment — and those revocations proceed in federal court with a heavy government burden of proof [1] [2]. U.S.-born citizens cannot be stripped of citizenship by the government except through voluntary renunciation; dual nationality is currently permitted by U.S. policy, though bills have been proposed to change that [3] [4] [5].
1. Who the law actually targets — denaturalization, not the born-born
The legal pathway the government uses to take away citizenship is denaturalization, which applies to people who acquired U.S. citizenship through naturalization and is limited to cases where citizenship was “illegally procured” — for example, through fraud, concealment of material facts, or willful misrepresentation — or where post-naturalization conduct within a statutory window demonstrates lack of allegiance (8 U.S.C. and USCIS guidance) [1] [2] [6].
2. The courtroom gatekeeper — federal court, DOJ and high proof standard
Denaturalization is not an administrative process: the U.S. Attorney’s Office or the Department of Justice must bring civil denaturalization suits or criminal charges in federal district court, and courts require clear, convincing, often near‑stringent proof because citizenship is a fundamental interest [7] [1] [8].
3. Grounds beyond pre‑naturalization fraud: limited post‑naturalization triggers
Beyond fraud in the application, statutes permit revocation when a naturalized citizen’s post‑naturalization actions within certain timeframes indicate they lacked attachment to constitutional principles at naturalization — USCIS and the INA lay out these narrow mechanics [6] [2]. Criminal convictions after naturalization “by themselves” generally do not create denaturalization grounds unless tied to the unlawfulness of the original naturalization, according to experts quoted in reporting [9].
4. Voluntary loss and renunciation: an entirely different route
A U.S. citizen (whether naturalized or birthright) can voluntarily renounce citizenship at a consulate or follow statutory expatriating acts; voluntary renunciation is the constitutionally protected way to end U.S. citizenship for persons born in the United States [10] [3]. Reporting emphasizes that the government cannot constitutionally strip U.S.-born citizens of citizenship without voluntary action [3].
5. Dual nationals: permitted now, but politically contested
Federal policy accepts dual nationality: the State Department and U.S. legal practice do not require citizens to choose, and acquiring foreign nationality generally does not automatically terminate U.S. citizenship absent proof of intent to relinquish it [4] [11] [12]. However, recent political proposals — notably the “Exclusive Citizenship Act of 2025” introduced by Sen. Bernie Moreno — would, if enacted, force dual nationals to choose or risk losing U.S. citizenship; that bill would face constitutional questions and court challenges if advanced [5] [13].
6. Historical and constitutional guardrails that matter today
Supreme Court precedents since Afroyim v. Rusk have curtailed statutes that formerly caused automatic expatriation for acts like voting in a foreign election; courts have repeatedly protected citizenship from involuntary loss except where voluntary intent or fraud is proven [14]. Legal scholars and civil‑rights groups point to these guardrails as the basis for the high evidentiary standards in denaturalization cases [1] [15].
7. Who is most at risk under current enforcement priorities
Department of Justice policy shifts and the creation of a dedicated Denaturalization Section indicate a renewed focus on denaturalizing people alleged to be terrorists, war criminals, sex offenders, and fraudsters; civil denaturalization carries no statute of limitations and has been prioritized in some enforcement plans [8] [16]. Advocacy groups warn of overreach and the risk of targeting people for minor or inadvertent errors in applications [17] [1].
8. What this means for dual nationals today — practical takeaways
Under current law and State Department guidance, holding another nationality does not by itself strip a person of U.S. citizenship and the U.S. does not require a choice [4] [11]. Legislative proposals to ban dual citizenship would change policy but are not law; such proposals face constitutional scrutiny because the Fourteenth Amendment and judicial precedent protect against involuntary deprivation of citizenship [5] [13].
Limitations and unresolved points: available sources do not mention any enacted statutory changes ending dual citizenship as of these reports, and they do not provide final court rulings on any new legislative challenges — only proposed bills and enforcement priorities (not found in current reporting).