Why It Matters

A divided federal judiciary is creating conflicting legal obligations for criminal defense attorneys advising naturalized citizens. In the Second Circuit, attorneys must warn clients that a guilty plea could trigger denaturalization, the process by which citizenship is revoked. In the Sixth Circuit, they do not.

According to a new Congressional Research Service (CRS) report, an individual becomes subject to deportation once denaturalized. The Supreme Court has held that the Sixth Amendment requires criminal defense attorneys to advise noncitizen clients of the risk of removal before they plead guilty.

The Big Picture

In Padilla v. Kentucky (2010), the Supreme Court held that criminal defense attorneys must advise noncitizen clients that a guilty plea could result in removal from the United States. The Court reasoned that removal is severe, historically tied to criminal prosecutions, and difficult to divorce from conviction in the immigration context.

In 2024, the Second Circuit extended this logic to denaturalization, holding in Farhane v. United States that attorneys must warn naturalized citizens of denaturalization risk because a guilty plea exposing someone to denaturalization necessarily exposes them to deportation. The panel applied Padilla broadly to cover any case where a guilty plea could place a defendant at risk of removal, not just cases where removal is certain.

In 2026, the Sixth Circuit held that the Sixth Amendment does not require attorneys to advise naturalized clients of denaturalization risk. The Sixth Circuit classified denaturalization as a collateral consequence because it occurs in a separate civil proceeding beyond the district court's control, and distinguished it from deportation by noting that removal is nearly automatic for many convictions while the government has discretion whether to initiate denaturalization proceedings. The court concluded that denaturalization is not enmeshed with a criminal conviction in the same way deportation is.

A petition for en banc rehearing in the Sixth Circuit case was denied in July.

The Bottom Line

The CRS report identifies potential congressional action to resolve the circuit split, including amending the Immigration and Nationality Act or Rule 11 of the Federal Rules of Criminal Procedure. Congress could amend Rule 11 to require federal judges to warn naturalized defendants of denaturalization risks.

***

Access the Legis1 platform for comprehensive political news, data, and insights.

---

Spot something wrong? Report an issue with this article