S. 3318 — American Citizens First Act

This section prohibits eligibility for any federal public benefit (as defined in 8 U.S.C. 1611(c)) for any person who is not a U.S. citizen or national, including (1) any form of welfare or needs-based cash assistance; (2) Medicaid (except emergency medical services); (3) the Supplemental Nutrition Assistance Program (SNAP) or food stamps; (4) federal housing assistance; (5) federal student financial aid; and (6) the refundable portion of any tax credit under the Internal Revenue Code of 1986. As background, current law (8 U.S.C. 1611) generally bars non-qualified aliens (i.e., most noncitizens other than lawful permanent residents, refugees, asylees, and similar categories) from federal public benefits except for limited emergency and public health services, while allowing qualified aliens access subject to additional restrictions. (Thus, this provision eliminates eligibility for all noncitizens regardless of status and removes most prior exceptions.)

This section establishes a new ground for denaturalization and expedited removal under INA §340(i) (8 U.S.C. 1451(i)) for any naturalized citizen convicted of, or credibly found by the Secretary of Homeland Security to have participated in after naturalization, any riot, unlawful protest involving violence or property destruction, or act intended to overthrow or disrupt the U.S. constitutional order. Such proceedings may occur regardless of time elapsed since naturalization and utilize expedited removal under INA §238 (8 U.S.C. 1228).

This section expands the scope of expedited removal under INA §235(b)(1)(A)(iii)(II) to any alien present in the United States who has not been admitted or paroled, regardless of time elapsed since entry (previously limited to those unable to demonstrate continuous presence for at least two years). (As background, expedited removal authorizes immigration officers to order the removal without hearing of aliens inadmissible for lacking valid documents or engaging in fraud or misrepresentation, subject to credible fear screening for asylum seekers.) It further requires the Secretary of Homeland Security (1) to carry out expedited removal to the fullest extent permitted by the subsection and (2) to grant no discretionary exceptions except for upheld credible fear of persecution claims.

This section requires the Secretary of Homeland Security to conduct a comprehensive security review—including re-interviews and biometric checks—of each Afghan national admitted as a refugee, pursuant to a special immigrant visa, or paroled into the United States since January 20, 2021, and to certify completion to Congress. It subjects any such individual determined to pose a national security or public safety risk to expedited removal under INA §235(b)(1) (8 U.S.C. 1225(b)(1)) (i.e., summary removal without a hearing unless credible fear of persecution is established). Until certification, the section suspends processing of Afghan special immigrant visa and refugee applications and prohibits federal funds for resettlement support of Afghan nationals.

This section establishes automatic termination of temporary protected status (TPS) for nationals of countries designated under 8 U.S.C. 1254a(b)—which provides deportation protection and work authorization to eligible nationals of countries facing armed conflict, environmental disasters, or other extraordinary conditions preventing safe return—under new subsection (j) as follows: (1) upon a Secretary of Homeland Security finding that country conditions no longer warrant designation, or (2) on the date the Secretary submits a semiannual report to Congress showing that the crime rate (including civil offenses, traffic violations, misdemeanors, and felonies) among such nationals exceeds the national average by 20% or more, with calculations and reports required beginning 180 days after enactment and every 180 days thereafter. The provision applies retroactively to designations made after January 20, 2021, including those for Afghanistan, Haiti, Venezuela, and Somalia.