Can President Trump take away the citizenship of naturalized immigrants?

Félix Abad
3 Min Read
New York.– Amid a wave of migratory tensions and following his re-election in 2024, President Donald Trump —who took office again on January 20, 2025— has revived a controversial debate. In a recent rally, Trump hinted that, in his second term, he could revoke citizenship from naturalized immigrants who, according to him, are considered “a threat” to the United States. The burning question on social media and in homes is: Does it have the legal authority to do so?

1. Trump is president again

On January 20, 2025, Trump was sworn in as U.S. President, beginning his second term after winning the November 2024 elections. Since then, he has promoted significant immigration policies, including the reinstatement of asylum restrictions and measures to limit birthright citizenship.

2. The Constitution protects your birth citizenship

The 14th Amendment, ratified in 1868, establishes:

“All persons born or naturalized in the United States… are citizens of the U.S. and of the state wherein they reside.” This means that if you were born on American soil, your citizenship is unbreakable, unless you voluntarily renounce it.

3. What about naturalized citizens? Only a judge can revoke it

For citizens by naturalization, the Immigration and Nationality Act (INA § 340(a)) allows for the revocation of citizenship only under evidence of fraud, misrepresentation, ties to hostile groups, or serious crimes within five years of naturalization. But this process does not occur by decree: it requires a lawsuit filed by the Department of Justice and to be validated by a federal court.

4. Neither Congress nor the President have that power

In Afroyim v. Rusk (1967), the Supreme Court determined that “Congress has no power to take away a person’s citizenship without their consent.” By extension, the president cannot take away citizenship from anyone, neither by decree, nor by executive order, nor by political proposal.

5. Voices from the Street and the Law

The ACLU and constitutional lawyers have criticized Trump’s insinuations, warning that he is feeding fear and distorting legal reality.
A naturalized immigrant summarized the tension: “One contributes, pays taxes… and now they feel that your citizenship is worth less?”
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