(WASHINGTON, D.C.) Under United States 🇺🇸 law, taking away citizenship is extremely hard, even when a president talks about stripping citizenship from a certain group. Recent comments from President Donald Trump about Afghans after a shooting in Washington, D.C., have caused fear and confusion among many immigrants and new citizens. But the 14th Amendment and long‑standing court cases give very strong protection to people who already became citizens through birth or naturalization. This guide explains what the law really says, who can lose citizenship, and what Afghans and other immigrants should know right now.
Core legal protection: the 14th Amendment
The basic rule is simple: if you are a U.S. citizen, the government cannot just decide to take that away because of your race, your religion, your country of birth, or what other people from your country did.
The 14th Amendment to the U.S. Constitution says that all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States. Courts have read this to mean that once you are a citizen — either by birth or by naturalization — you keep that status unless the government proves very specific legal reasons to undo it.
When the government can try to revoke citizenship
Despite political talk about stripping citizenship from Afghans, the list of real legal grounds is short. Under current law, the government can go to court to cancel someone’s naturalization only if it can prove specific legal bases, such as:
- Fraud or misrepresentation in the naturalization process.
Examples: lying about a serious criminal history, using a false identity, or hiding membership in a terrorist group. - Illegal or lacking good moral character at the time of naturalization.
The government must show that, when you applied, you did not meet the legal rules, and it would not have approved you if it had known the truth. -
Voluntary giving up of citizenship.
People can choose to renounce their U.S. citizenship, usually by signing papers at a U.S. embassy or consulate abroad. That is a voluntary act — not something the government can force without process.
Immigration attorney Mariam Masumi told NPR that the government cannot simply strip citizenship from people because of their national origin or because another person from their country committed a crime. There must be due process, meaning a real legal case with evidence, a judge, and a chance for the person to defend themselves.
Quick summary table: legal grounds for denaturalization
| Legal ground | What government must prove |
|---|---|
| Fraud / misrepresentation | Clear evidence that applicant lied or hid material facts during naturalization |
| Lack of required eligibility (e.g., moral character) | Proof applicant did not meet legal requirements at time of application |
| Voluntary renunciation | Documented, intentional renunciation procedure completed by the person |
What President Trump said and what it really means
After an Afghan national was accused of shooting two National Guard members in Washington, D.C., President Trump said he wanted to permanently pause migration from all third world countries and spoke about stripping citizenship from some Afghans.
Joseph Edlow, then head of U.S. Citizenship and Immigration Services (USCIS), confirmed tougher screening for people from what he called high risk countries, including Afghanistan. But he did not point to any law that would allow taking citizenship away from Afghans who already became U.S. citizens.
Legal experts say these promises are mainly political messages, not real plans that can stand in court under the 14th Amendment.
How this affects Afghans who already became citizens
If you are an Afghan who got citizenship through naturalization, the key question is whether you were honest and qualified when you applied.
The government cannot take away your status just because of your Afghan origin, your faith, or what another Afghan did. To even start a denaturalization case, government lawyers must convince a judge that there is solid proof of fraud or other legal problems from the time of your naturalization.
Past cases show denaturalization is rare and usually focuses on:
– war crimes,
– serious human rights abuses, or
– clear lies on citizenship forms.
Risks for Afghans who are not yet citizens
The situation is different for Afghans in the United States 🇺🇸 who are not citizens.
President Trump and other leaders have moved in the past to cancel Temporary Protected Status (TPS) and humanitarian parole for many groups. Those actions do not involve stripping citizenship — because TPS and parole do not grant citizenship — but they can remove legal permission to stay and work.
For Afghans on visas, parole, or TPS, tougher screening or policy changes can mean:
– more denials,
– more renewal refusals, and
– greater risk of deportation.
This is where legal help can be most important, because these people do not yet have the strong shield of the 14th Amendment that full citizens enjoy.
Practical steps for Afghans and other immigrants
- If you are already a citizen:
- Keep records from your naturalization, such as copies of your Form N-400, interview notice, and naturalization certificate.
- These documents can help show that you went through the process honestly and met all legal requirements.
- See the official USCIS page on citizenship at uscis.gov for rights and duties that come with being a citizen.
- If you are a green card holder who wants to naturalize:
- Ensure every answer on your Form N-400 is accurate and complete: https://www.uscis.gov/n-400
- Tell your lawyer about any arrests, security checks, or past military or political activity before filing.
- Analysis by VisaVerge.com shows most denaturalization cases grow out of problems that started during the original immigration or citizenship process, not from events many years later.
- If you are on parole, TPS, or a temporary visa:
- Do not ignore policy changes. Talk with a trusted legal aid group or licensed attorney about options including asylum, family petitions, or other paths to more secure status.
- Remember: while harsh political language about stripping citizenship may cause fear, the more immediate risk for many is losing temporary status and facing deportation.
Key takeaway: U.S. citizenship remains one of the strongest protections under U.S. law, guarded by the 14th Amendment and long court decisions. Political rhetoric cannot easily overcome those constitutional and judicial safeguards.
If you need help finding legal assistance or want resources on naturalization paperwork, consult a licensed immigration attorney or an accredited legal aid organization.
Despite political statements about stripping citizenship from Afghans, U.S. law and the 14th Amendment make revoking citizenship difficult. Denaturalization is rare and requires court proof of fraud, lack of eligibility at the time of naturalization, or voluntary renunciation. Temporary statuses like TPS or parole remain vulnerable to policy changes, which can raise deportation risk. Naturalized citizens should preserve naturalization records; applicants must answer Form N‑400 accurately and consult immigration counsel for risks to temporary status.
