Oathbreakers Among Us: A Legal Path to National Restoration
Loyalty isn’t too much to ask, and the tools exist to act on that principle—if there's political will.
Last week, I wrote an essay about the Christian defense of border enforcement and limited, controlled immigration. However, a practical solution beyond just being virtuous is necessary.
As the American republic groans under the strain of mass migration, many are beginning to confront an uncomfortable truth: the crisis isn’t just about illegal immigration—but mass migration as whole.
We’ve welcomed millions who reject the nation they now reside in. Many march in the streets not in gratitude, but in protest—denouncing America as colonial, evil, or illegitimate. Even those who run for office display stronger signs of loyalty to foreign powers over their current home. This isn’t immigration. It’s an infiltration resulting from the values and policies of liberal universalism.
And yet, we already have a remedy written into law. We’ve simply chosen not to use it.
The Oath We’ve Forgotten
Every naturalized American citizen must swear or affirm:
“I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty… that I will support and defend the Constitution… and bear true faith and allegiance to the same.”
This isn’t just poetic language. It’s a legal contract and a sacred vow. Under the Immigration and Nationality Act, any naturalization obtained by fraud, concealment, or misrepresentation can be revoked:
“It shall be revoked… on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation.”
So if a person never sincerely renounced their prior allegiance, the oath was void from the beginning.
Speech Can Be Evidence of Fraud
The First Amendment protects speech. But it doesn’t shield someone from legal consequences when that speech exposes prior perjury.
A naturalized citizen who:
Publicly celebrates a foreign regime,
Denounces America as evil or illegitimate,
Advocates for replacing our laws with foreign systems,
has revealed that the oath was never sincere. The oath was taken in bad faith, and the naturalization was obtained under false pretenses. This isn’t punishment for speech. It’s enforcement of a contract.
The Supreme Court has affirmed this principle. In Fedorenko v. United States (1981), the Court upheld denaturalization for lies told during the immigration process, ruling that:
“There must be strict compliance with all the congressionally imposed prerequisites… and failure to comply renders the naturalization illegally procured.”
Pre-Oath Disloyalty Disqualifies You
This doesn’t just apply to those already naturalized.
If someone holds a green card or visa, and:
Publicly advocates anti-American ideologies,
Expresses hatred toward the U.S. or its people,
Or engages in foreign-funded political activity while on American soil,
then they lack the moral capacity to take the oath sincerely.
And unlike citizens, immigrants have no constitutional right to remain. The federal government may revoke or deny status for:
Subversive intent or alignment with hostile ideologies (INA § 212(a)(3)),
Lack of good moral character (INA § 316(a)).
The law is clear. What’s missing is the political will to enforce it.
The Deferral Loophole
While the oath is legally mandatory, enforcement is weaker than most realize.
Under 8 U.S.C. § 1448(a), a person “shall not be naturalized unless he has taken… the oath of allegiance.” Approval of a naturalization application isn’t enough—citizenship isn’t conferred until the oath is completed.
But many applicants request to defer their oath ceremony due to travel, personal commitments, or religious observance. USCIS policy allows this temporarily. If they fail to appear within a reasonable time—typically 60 days—officers are instructed to administratively close the case.
In practice, however, follow-through is inconsistent. The system doesn’t reliably track deferred oaths or ensure follow-up. In some cases, individuals may falsely present themselves as naturalized—especially when USCIS approval letters are mistaken by employers, states, or banks for proof of citizenship.
So while the law is clear that no one becomes a citizen without the oath, the enforcement mechanism is bureaucratically porous. This creates a gray area where the system, through neglect rather than intent, allows individuals to functionally bypass the most important act of allegiance.
What About Minors?
The issue becomes even murkier when applied to children.
Children under 18 may acquire citizenship automatically when a parent naturalizes, under INA § 320, provided the child:
Is a lawful permanent resident,
Is under 18,
Resides in the U.S. in the legal and physical custody of the U.S. citizen parent.
For children under 14, no oath is required. According to 8 C.F.R. § 337.1(b), the child is exempt entirely and becomes a citizen by operation of law.
For children aged 14 or older, the oath is mandatory—unless waived for disability.
This means that millions of children may acquire citizenship without ever consciously pledging allegiance to the United States, and unlike adults, they’re never required to affirm it later. There’s no legal mechanism for a re-oathing or confirmation of loyalty upon reaching adulthood. It’s a one-time, unchosen acquisition—often granted to individuals raised in foreign-aligned, hostile, or anti-assimilation households.
This loophole isn’t a legal accident. It’s a policy choice. One that future lawmakers and administrators could reexamine if we’re serious about restoring the integrity of citizenship.
Oaths and Office
Some naturalized citizens, and even green card holders, now hold public office. Yet many openly attack the Constitution, the nation’s founding, or U.S. sovereignty itself.
Permanent residents haven’t taken the Naturalization Oath (8 U.S.C. § 1448), yet some jurisdictions allow them to govern. That’s a failure of judgment and of law.
Naturalized citizens swear allegiance to the Constitution. Public officials, whether naturalized or native-born, take a separate oath under 5 U.S.C. § 3331 to uphold it. If they use their office to undermine what they’ve sworn to defend, they’re oathbreakers. And for the naturalized, that breach may warrant revocation under 8 U.S.C. § 1451(a).
An oath must bind everyone—not just the outsider, but the one inside the halls of power.
A Remedy, Not a Punishment
Now is the moment for a national recommitment to the idea that immigration isn’t a right, but a privilege. That loyalty isn’t optional. That oaths mean something again.
I’m not calling for indiscriminate expulsions or ideological purity tests. I’m pleading for the restoration of meaning to a public, sacred act. Citizenship isn’t a passport stamp. It’s a vow. If that vow was taken falsely—or never taken at all—the law provides a remedy.
And it’s time to start using it.
Thanks for reading! If you believe the West is worth saving, then The Oak Remains is for you.
I write to uncover truth, restore forgotten foundations, and chart a way forward through faith, history, and first principles.
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