A Federal Conviction May Pose Additional Risk To Naturalized Citizens

Federal criminal convictions bring severe immigration consequences for non-U.S. citizens, often leading to removal proceedings and restricted prison conditions. Even naturalized citizens risk denaturalization if their citizenship was obtained through fraud or concealed criminal conduct prior to or during the application. The Department of Justice has intensified efforts to revoke citizenship obtained through fraud or concealed material facts, as exemplified by Tania Rosa Rodriguez, denaturalized for pre-citizenship fraud. This underscores that the timing of criminal activity, not just conviction, is crucial. For anyone facing federal charges, understanding these complex immigration implications is paramount, as denaturalization is a growing priority for authorities.

When someone is convicted of a federal crime, most people assume the consequences are straightforward: imprisonment, fines, supervised release, and perhaps restitution. But for many non-U.S. citizens, and even some who have become naturalized American citizens, a criminal conviction may be only the beginning.

The federal criminal justice system and the immigration system often operate on parallel tracks. A conviction that results in a prison sentence can also trigger removal proceedings, inadmissibility, or the loss of immigration benefits. Once a person enters the Federal Bureau of Prisons (BOP), Immigrations and Customs Enforcement (ICE) is notified that the person is not a U.S. Citizen.

There are immediate consequences for non-U.S. citizens who face prison. First, they cannot be placed in minimum security camps. Next, they can be placed in any facility throughout the country without attempting to place the inmate within 500 miles of a home. Finally, most non-U.S. citizens are not eligible for prerelease custody (halfway house and/or home confinement) and their ability to earn First Step Act credits could be curtailed. In fact, most non-U.S. citizen inmates are turned over to ICE by the BOP at the end of their sentence and are subjected to a removal process that can take weeks or months. Many states have started deporting non-U.S. citizens who have yet to complete their sentences to avoid the costs associated with housing.

In some cases, the consequences extend even further. For individuals who became U.S. citizens through naturalization, the government may revisit the naturalization process itself to determine whether citizenship was obtained lawfully.

Immigration enforcement has become a central priority of the Trump administration, with federal agencies placing renewed emphasis on identifying, prosecuting, and removing non-citizens who commit crimes. That effort extends beyond individuals who are unlawfully present in the United States. It also includes lawful permanent residents and, in certain circumstances, naturalized U.S. citizens whose citizenship may have been obtained through fraud or material misrepresentations.

The Department of Justice has also increased its use of civil denaturalization actions. These cases are not based simply on the fact that someone committed a crime after becoming a citizen. Instead, the government examines whether the individual was eligible for naturalization in the first place and whether important facts were concealed during the application process. Under the Immigration and Nationality Act, citizenship may be revoked if it was illegally procured or obtained through the concealment of a material fact or willful misrepresentation.

One of the first questions immigration authorities ask is when the criminal conduct occurred.

Naturalization applicants must demonstrate "good moral character" during the statutory period leading up to their application, and they are required to answer questions about criminal conduct and other matters under oath. If an investigation later reveals that criminal activity was taking place before or during the naturalization process—but was not disclosed—the government may argue that the individual was never legally eligible to become a citizen.

Importantly, it is not the date of the conviction that necessarily matters. A conviction years after naturalization can still lead to denaturalization proceedings if the underlying criminal conduct occurred before citizenship was granted and the applicant concealed that conduct during the naturalization process.

A recent case from the Southern District of Florida illustrates how this process can unfold.

Federal prosecutors successfully obtained a conviction against a Cuban national, Tania Rosa Rodriguez, who unlawfully obtained U.S. citizenship after concealing criminal conduct. According to the Department of Justice, the Rodriguez engaged in fraudulent criminal activity before becoming a U.S. citizen but failed to disclose that conduct during the naturalization process. In that case, Rodriguez was sentenced to 30 months in prison and completed that prison sentence. However, because it was determined that her criminal activity occurred during the period when she was required to demonstrate good moral character, and because the conduct was concealed from immigration authorities, the government pursued both criminal charges and the loss of U.S. citizenship.