“To amend the Immigration and Nationality Act to require an attestation disavowing terrorist intent prior to naturalization of any alien.”
No CRS summary available for this bill.
This section establishes a terrorism attestation requirement as a condition of naturalization under the Immigration and Nationality Act. It requires each applicant to execute under oath, on revised Form N-400 (due within 180 days of enactment), a written attestation affirming (1) no conviction or pending charges for any of 22 specified federal covered offenses (i.e., federal crimes of terrorism; providing material support to terrorists or designated foreign terrorist organizations; use of weapons of mass destruction; biological, chemical, or nuclear weapons offenses; aircraft destruction; hostage taking; violence against maritime navigation; killings of U.S. nationals abroad; bombings of public places; missile systems and radiological dispersal devices; nuclear terrorism; seditious conspiracy; terrorist attacks on railroads and mass transportation; transportation of explosives, weapons, or terrorists; or conspiracies/attempts thereto) at the time of application or oath of allegiance; and (2) no intent to commit any such offense in the future. The oath of allegiance must expressly renounce intent to engage in any covered offense against the United States or its people.
This section amends Section 340(a) of the Immigration and Nationality Act (8 U.S.C. 1451(a)) to specify that a conviction, finding, admission, or other credible evidence described in new subsection (f)—of terrorism-related offenses or conduct—may constitute evidence that naturalization was illegally procured or procured by concealment of a material fact or willful misrepresentation. It adds new subsection (f), which establishes: (1) for naturalized citizens prior to the effective date of the attestation requirement under INA Section 316(g), prima facie evidence of ineligibility (lack of good moral character under INA Section 101(f), attachment to constitutional principles under INA Section 316(a), etc.) and illegal procurement if, within 10 years after naturalization (or 7 years or 5 years if a shorter period is judicially determined constitutional), there is a conviction, finding, admission, or credible evidence of covered terrorism-related offenses or conduct; (2) "covered offenses and conduct" as (A) a final conviction (after appeals) for any offense defined in INA Section 316(g)(4), including attempt or conspiracy; (B) knowing membership in or material support to a designated foreign terrorist organization (under INA Section 219) or terrorist group (under INA Section 212(a)(3)(B)), with active participation and no disassociation; or (C) clear and convincing evidence (via judicial findings in civil proceedings, with corroboration and contest opportunity) of overt acts of terrorist activity (under INA Section 212(a)(3)(B)); (3) for naturalized citizens who executed an attestation under INA Section 316(g), a subsequent conviction for a covered offense creating a rebuttable presumption (rebuttable only by the defendant's clear, convincing, and unequivocal evidence) of a false attestation or lack of genuine intent to refrain from such offenses, after which the burden returns to the government to prove illegal procurement by clear, convincing, and unequivocal evidence; and (4) procedures for the Attorney General to bring civil denaturalization actions in U.S. district court (burden on government by clear, convincing, and unequivocal evidence except where presumption applies), with revocation effective upon final order, automatic initiation of removal proceedings by DHS, required notifications, and authority to proceed on evidence under (2)(C) only after federal indictment or probable cause finding (with notice and opportunity to respond).
This section establishes a new ground of deportability under INA §237(a) for any alien whose naturalization has been revoked pursuant to INA §340 (i.e., revocation of naturalization procured by concealment of material facts, willful misrepresentation, or other specified grounds). (Thus, such denaturalized persons are explicitly subject to removal proceedings regardless of other deportability grounds.)
This section establishes a new ground of inadmissibility under INA §212(a)(2) for any alien convicted of a covered offense, as defined in section 316(g)(4) of this Act.
This section renders ineligible for any immigration benefit—including adjustment of status (INA §245), relief from removal (e.g., cancellation of removal, voluntary departure, asylum), nonimmigrant status (INA §101(a)(15)), temporary protected status (INA §244), deferred action or parole, and naturalization—any alien convicted of a covered offense (as defined in INA §316(g)(4)); subjects such aliens to removal proceedings (INA §240) and mandatory detention during those proceedings (INA §236(c)); and provides for revocation of any previously granted immigration benefit or status—including lawful permanent resident status, nonimmigrant status, temporary protected status, deferred action, or parole—upon entry of a final order of removal or denaturalization. (All actions are subject to judicial review as provided under existing law.) This section further prohibits any waiver under the INA for grounds of inadmissibility or deportability arising under this section or section 5 of this Act.
This section establishes a new ground of inadmissibility under INA §212(a)(2)(L) permanently barring from admission any person whose naturalization is revoked under INA §340 or who was previously ordered removed due to conviction for a covered offense (as defined in section 316(g)(4) of this Act), including any person inadmissible under subparagraph (K). No waiver of this inadmissibility is available under any provision of law.
This section requires a court, upon entry of a final order of revocation under §340(f) of the Immigration and Nationality Act (INA), to revoke and set aside the order admitting the person to citizenship and cancel the certificate of naturalization.
This section provides a rule of construction stating that nothing in this Act (1) creates any new basis for denaturalization other than under existing authority in section 340(a) of the Immigration and Nationality Act (INA), as supplemented by presumptions in new section 340(f); (2) limits proceedings under INA section 340(a) on other bases, including illegal procurement, concealment of a material fact, or willful misrepresentation unrelated to the new attestation requirement in INA section 316(g); (3) limits the Department of Homeland Security or Department of Justice authority to bring criminal or civil actions under other laws; or (4) authorizes denaturalization of any birthright U.S. citizen.
This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held invalid, the remainder of the Act and its applications remain in effect.
This section establishes effective dates for the Act and its amendments as follows: (1) the Act and amendments generally take effect on the date of enactment; (2) the attestation requirement added to section 316(g) of the Immigration and Nationality Act applies to naturalization applications filed 180 days after enactment; and (3) amendments made by sections 5 and 6 concerning inadmissibility, deportability, and benefit revocation apply to convictions entered on or after enactment, regardless of the date of the underlying conduct.