Remigration Act
A BILL
To establish grounds for revocation of citizenship and immigration status, to review certain asylum and refugee grants, and require repatriation of denaturalized individuals with their children, and for other purposes.
Sec. 2 Revocation of citizenship for felonies and terrorism support
by redesignating subsections (g) through (j) as subsections (h) through (k), respectively;
by inserting after subsection (f) the following:
“(g) Additional grounds for denaturalization—The Secretary of Homeland Security shall revoke the naturalization of any person if, during the 10-year period immediately following the date on which the person became a naturalized citizen, the person—
“(1) is convicted of an offense involving fraud against a Federal, State, or local government program or entity, including a conviction for a felony under Federal or State law for an offense involving the receipt or administration of Federal, State, or local government benefits;
“(2) knowingly joins or affiliates with a foreign terrorist organization designated under section 219 and provides material support (as defined in section 2339B of title 18, United States Code) to such organization;
“(3) is convicted of an aggravated felony (as defined in section 101(a)(43)); or
“(4) is convicted of an offense under chapter 44, 47, 77, or 115 of title 18, United States Code.”
by adding at the end the following:
“(l) Effect of denaturalization—A person who is denaturalized under this section shall be treated as an alien without lawful status under the immigration laws for all purposes and shall be subject to removal from the United States under section 240.”
Application— The amendments made by this section shall apply to any person who became a naturalized citizen before, on, or after the date of the enactment of this Act.
Sec. 3 Revocation of citizenship for children of unlawful aliens
Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended—
by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively;
by inserting “(a) In general.—” before “The following”; and
by adding at the end the following:
“(b) Definition—In this section, the term subject to the jurisdiction thereof means, with respect to a person born in the United States on or after the date of enactment of this subsection, that the person was born to parents, one of whom is—
“(1) a citizen or national of the United States;
“(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or
“(3) an alien with lawful status under the immigration laws performing active service in the armed forces (as defined in section 101 of title 10, United States Code).
“(c) Rule of construction for statelessness—Nothing in subsection (b) shall be construed to deny citizenship under this section to any person whose denial of citizenship would render such person stateless within the meaning of applicable Federal law or international obligations of the United States.”
Sec. 4 Asylum and Refugee Status Review Task Force
Establishment— There is established within the Department of Homeland Security an Asylum and Refugee Status Review Task Force (in this section referred to as the “Task Force”).
Composition— The Task Force shall be composed of—
the Secretary of Homeland Security, who shall serve as Chair;
the Director of U.S. Citizenship and Immigration Services;
the Commissioner of U.S. Customs and Border Protection;
the Director of U.S. Immigration and Customs Enforcement; and
such other officials as the Secretary of Homeland Security may designate.
Duties— The Task Force shall review—
all grants of asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) made during the period beginning on January 20, 2021, and ending on January 20, 2025;
all admissions of refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) during the period beginning on January 20, 2021, and ending on January 20, 2025; and
all adjustments of status under section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) made during the period beginning on January 20, 2021, and ending on January 20, 2025.
Criteria— In conducting reviews under subsection (c), the Task Force shall consider—
whether the underlying basis for the grant, admission, or adjustment was supported by credible and reliable evidence;
whether the grant or admission was made in accordance with applicable law and regulations as in effect at the time;
any subsequent change in country conditions material to the alien's claimed basis for protection; and
any other information bearing on the alien's eligibility for or continued entitlement to the relevant immigration status.
Authority To terminate or revoke—
In general— The Secretary of Homeland Security may terminate the grant of asylum or refugee status, or revoke the adjustment of status, of an alien with respect to whom a review is conducted under subsection (c), if the Task Force determines under subsection (d) that—
the underlying basis for the grant, admission, or adjustment was not supported by credible and reliable evidence;
the grant or admission was not made in accordance with applicable law and regulations as in effect at the time;
there has been a subsequent change in country conditions material to the alien's claimed basis for protection that would make the alien ineligible for such status; or
the alien is otherwise ineligible for or not entitled to the relevant immigration status.
Notice and opportunity to respond— Before terminating or revoking any status under paragraph (1), the Secretary of Homeland Security shall provide the alien with—
written notice of the proposed action and the grounds therefor; and
a reasonable opportunity to submit evidence and argument in opposition to the proposed action.
Effect of termination or revocation— An alien whose status is terminated or revoked under paragraph (1)—
in the case of the termination of asylum or refugee status, shall be subject to removal under section 240; or
in the case of revocation of adjustment of status, shall be inadmissible under section 212(a)(4), deportable under section 237(a)(5), subject to removal under section 240.
Reporting— Not later than 180 days after the date of enactment of this Act, and annually thereafter until all reviews under subsection (c) are complete, the Task Force shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the status of reviews conducted and actions taken under this section.
Sec. 5 Revocation of immigration status for nationals from designated countries entering in prior 10 years
Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) is amended by adding at the end the following:
“(2) Revocation of status for certain nationals—The Secretary Homleand Security and the Secretary of State, as applicable, may revoke the visa, status as a lawful permanent resident, or other immigration benefit issued to a national of Iran, Libya, Somalia, Sudan, Syria, or Yemen who entered the United States during the 10-year period preceding the date of enactment of this paragraph is revoked. An alien whose immigration status is revoked under this paragraph shall be subject to removal under section 240.”
Sec. 6 Revocation of lawful permanent resident status for public benefits receipt in prior 5 years
Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following:
“(6) Revocation for receipt of public benefits—The lawful permanent resident status of any alien who has received any means-tested public benefits (as defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) during the 5-year period preceding the date of the enactment of this subparagraph is revoked. An alien whose status is revoked under this subparagraph shall be deportable under section 237(a)(5).”
Sec. 7 Revocation of nonimmigrant status for criminal convictions
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
“(t) Termination of nonimmigrant status for serious criminal offenses
“(1) Termination of status—Any alien admitted to the United States in a nonimmigrant status who is convicted of a serious criminal offense shall have such nonimmigrant status terminated as of the date of such conviction.
“(2) Visa revocation—The Secretary of State shall revoke any nonimmigrant visa issued to an alien described in paragraph (1), consistent with section 221(i).
“(3) Removability—An alien whose nonimmigrant status is terminated under paragraph (1) shall be removable under section 237(a).
“(4) Removal proceedings—Except as provided in paragraph (5), an alien described in paragraph (1) shall be placed in proceedings under section 240.
“(5) Expedited removal for certain offenders—An alien described in paragraph (1) who has been convicted of an offense that renders the alien removable as an aggravated felon under section 237(a)(2)(A)(iii) may be subject to expedited removal under section 238, as otherwise provided by law.
“(6) Rule of construction—Nothing in this subsection shall be construed to—
“(A) limit the authority of the Secretary of Homeland Security or the Attorney General to initiate removal proceedings on any other ground under this Act; or
“(B) require the initiation of expedited removal proceedings under section 235(b)(1) for an alien who has been admitted to the United States.
“(7) Definition of serious criminal offense
“(A) In general—In this subsection, the term serious criminal offense means—
“(i) any felony under Federal or State law;
“(ii) any misdemeanor offense under Federal or State law for which—
“(I) the maximum term of imprisonment authorized is more than 1 year; or
“(II) a sentence of more than 90 days’ imprisonment is imposed; or
“(iii) any offense described in section 212(a)(2) or section 237(a)(2), regardless of the term of imprisonment.
“(B) Exclusions—The term serious criminal offense does not include—
“(i) any offense classified by the jurisdiction as an infraction, civil offense, or violation for which no term of imprisonment is authorized;
“(ii) any purely regulatory, licensing, or revenue offense; or
“(iii) any offense for which the only penalty imposed is a fine not exceeding $500.”
Sec. 8 Deportability for anti-American statements or affiliations
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
“(G) Anti-American beliefs—Any alien who publicly espouses an anti-American belief or affiliation that threatens national security or public safety, as determined by the Secretary of Homeland Security based on clear and convincing evidence, is deportable.”
Sec. 9 English language proficiency requirement for naturalization
In general— Section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) is amended by striking “able to read, write, and speak words in ordinary usage in the English language” and inserting “able to demonstrate functional English literacy, including the ability to read, write, speak, and comprehend words and passages in ordinary usage in the English language, as verified through a standardized assessment administered by U.S. Citizenship and Immigration Services”.
Assessment— Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall prescribe by regulation a standardized English literacy assessment for purposes of section 312(a)(1) of the Immigration and Nationality Act, as amended by this section, including minimum passing standards for demonstrating functional English literacy.
Sec. 10 Repatriation requirement for denaturalized aliens and dependent children
Section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) is amended by adding at the end the following:
“(f) Repatriation with children—Any alien who is denaturalized under section 340 shall be required to repatriate with their children, including United States-born children, unless the other parent is a United States citizen who elects to retain custody in the United States. No separation of the alien and children shall be permitted during removal proceedings, except as provided in this subsection. Nothing in this subsection shall be construed to delay or prevent the removal of any alien solely on the basis of the availability of family detention capacity.”
Sec. 11 Administrative adjudication by U.S. Citizenship and Immigration Services
Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451), as amended by this Act, is further amended by adding at the end the following:
“(m) Administrative revocation—Notwithstanding any other provision of law, revocation of naturalization under subsections (g), (l), shall be determined administratively by U.S. Citizenship and Immigration Services through adjudication. The Secretary of Homeland Security shall establish procedures for notice, hearing before an immigration officer, and appeal to the Administrative Appeals Office of U.S. Citizenship and Immigration Services. Judicial review shall be limited to the United States Court of Appeals for the circuit in which the person resides.”