America First Citizenship and Allegiance Act
A BILL
To amend the Immigration and Nationality Act to strengthen requirements for naturalization, to require instruction on the oath of allegiance and the principles of the Constitution, to establish consequences for fraud and concealment in the naturalization process, and for other purposes.
Sec. 2 Findings
Congress finds the following:
American citizenship is not merely an administrative status, immigration benefit, welfare ticket, or entitlement to public resources.
American citizenship is membership in the American political community.
American citizenship carries rights, privileges, duties, and obligations, including allegiance to the United States, fidelity to the Constitution of the United States, obedience to the laws of the United States, and attachment to the principles of republican self-government.
The United States is a sovereign Nation with the inherent authority to determine who may join the Nation as a citizen.
Naturalization is the formal act by which an alien is admitted into the American people and assumes the obligations of American citizenship.
Naturalization is not a ministerial transaction. It is a solemn act of allegiance to the United States.
An applicant for naturalization must demonstrate more than physical presence, technical eligibility, or completion of paperwork.
An applicant for naturalization must demonstrate good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States.
The oath of allegiance is not ceremonial language alone. It is the formal promise by which a new citizen renounces prior political allegiance, pledges true faith and allegiance to the United States, and accepts the duties of American citizenship.
A person who seeks naturalization should understand the English language, the Declaration of Independence, the Constitution of the United States, the Bill of Rights, the rule of law, separation of powers, Federalism, equal citizenship, religious liberty, freedom of speech, and the duties of citizenship.
A person who knowingly engages in, incites, prepares, plans, assists, or provides material support for terrorism, violent revolution, political violence, the overthrow of constitutional government, transnational criminal organizations, cartels, or criminal gangs is not attached to the principles of the Constitution of the United States and is not well disposed to the good order and happiness of the United States.
A person who knowingly acts as an agent, representative, or instrumentality of a foreign power, or knowingly acts under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States, is not attached to the principles of the Constitution of the United States and is not well disposed to the good order and happiness of the United States.
Fraud, concealment, false statements, false identity, fraudulent documents, unlawful voting, obstruction of background checks, and concealment of criminal, terrorist, gang, cartel, or foreign-power affiliations corrupt the naturalization process and attack the integrity of American citizenship.
Congress has a duty to ensure that naturalization remains a meaningful act of allegiance, assimilation, and membership in the American Nation.
Sec. 3 Purposes
The purposes of this Act are—
to restore naturalization as a serious act of joining the American people;
to reaffirm that American citizenship is a bond of allegiance, constitutional attachment, civic duty, and membership in the Nation;
to strengthen the civics, English, and constitutional-attachment requirements for naturalization;
to ensure that applicants for naturalization understand the oath of allegiance before becoming citizens;
to prevent persons who engage in, incite, prepare, plan, assist, or provide material support for terrorism, violent revolution, political violence, criminal gangs, cartels, or the overthrow of constitutional government from obtaining citizenship;
to prevent persons knowingly acting as agents, representatives, or instrumentalities of a foreign power, or knowingly acting under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States, from obtaining citizenship;
to impose meaningful consequences on persons who defraud, corrupt, obstruct, or abuse the naturalization process; and
to ensure that the 250th anniversary of the Declaration of Independence is marked by a renewed national commitment to American citizenship, constitutional liberty, and civic obligation.
Sec. 4 Definitions
In this Act:
Alien— The term alien has the meaning given such term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
Applicant— The term applicant means an alien who applies for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
Foreign power— The term foreign power means—
a foreign government;
a faction of a foreign nation or foreign government;
an entity that is directed or controlled by a foreign government;
a foreign military, paramilitary, intelligence, security, or law-enforcement service;
a foreign terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
a transnational criminal organization, cartel, or criminal gang that is based primarily outside the United States; or
any person or entity knowingly acting as an agent, representative, instrumentality, or proxy of an entity described in subparagraphs (A) through (F).
Material fact— The term material fact means any fact that has a natural tendency to influence, or is capable of influencing, a decision of the Secretary of Homeland Security, the Attorney General, or any other officer or employee of the United States concerning eligibility for naturalization, good moral character, attachment to the principles of the Constitution, admissibility, removability, identity, criminal history, national-security risk, immigration history, or eligibility for any immigration benefit.
Naturalization process— The term naturalization process means any application, interview, examination, investigation, oath ceremony, background check, biometric collection, submission of evidence, administrative proceeding, judicial proceeding, or other act or proceeding related to naturalization under title III of the Immigration and Nationality Act.
Secretary— The term Secretary means the Secretary of Homeland Security.
Material support— The term material support means material support or resources, as defined in section 2339A(b) of title 18, United States Code.
Terrorist activity— The term terrorist activity has the meaning given such term in section 212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)).
Terrorist organization— The term terrorist organization means an organization described in subclause (I), (II), or (III) of section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
Sec. 5 Strengthening civics and English requirements for naturalization
in subsection (a)—
in paragraph (1), by striking “an understanding of the English language” and inserting “a sufficient understanding of the English language to read, write, speak, and understand ordinary English, including the English language used in the oath of allegiance described in section 337”;
in paragraph (2), by striking “a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States” and inserting “a substantial knowledge and understanding of the history, principles, form of government, constitutional structure, and civic obligations of the United States”; and
by adding at the end the following:
“(3) The examination required under paragraph (2) shall include questions testing the applicant’s knowledge and understanding of—
“(A) the Declaration of Independence;
“(B) the Constitution of the United States;
“(C) the Bill of Rights;
“(D) the separation of powers;
“(E) Federalism;
“(F) the rule of law;
“(G) equal citizenship under law;
“(H) religious liberty;
“(I) freedom of speech;
“(J) the history of the United States;
“(K) the duties and obligations of citizenship;
“(L) the meaning of the oath of allegiance described in section 337; and
“(M) the requirement that a citizen bear true faith and allegiance to the United States.
“(4) Except as otherwise provided in subsection (b) or any other provision of Federal law, the examination required under paragraph (2) shall be administered in the English language.
“(5) Except as otherwise provided in subsection (b) or any other provision of Federal law, the Secretary shall ensure that an applicant may not satisfy the requirement under paragraph (2) unless the applicant correctly answers not less than 80 percent of the questions asked during the examination.
“(6) Except as otherwise provided in subsection (b) or any other provision of Federal law, the Secretary shall ensure that not less than 50 percent of the questions asked during the examination required under paragraph (2) concern the Constitution of the United States, the Declaration of Independence, the Bill of Rights, the structure of the Government of the United States, or the oath of allegiance described in section 337.”
by adding at the end the following:
“(c) Review and publication of naturalization examination materials
“(1) In general—Not later than 180 days after the date of enactment of the America First Citizenship and Allegiance Act, the Secretary shall revise the naturalization examination and study materials used to administer this section to comply with the requirements of such Act.
“(2) Publication—The Secretary shall make publicly available the study materials described in paragraph (1), including a description of the subjects tested and the minimum passing standards.
“(3) Review—Not less frequently than once every 4 years, the Secretary shall review and, as appropriate, revise the examination and study materials described in paragraph (1) to ensure that such examination and materials adequately test an applicant’s knowledge of the subjects described in subsection (a)(3).
“(d) Report on waivers—Not later than 1 year after the date of enactment of the America First Citizenship and Allegiance Act, and annually thereafter, the Secretary shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report identifying—
“(1) the number of applicants granted a waiver or exception from any English-language requirement under this section;
“(2) the number of applicants granted a waiver or exception from any civics or history requirement under this section;
“(3) the statutory basis for each category of waiver or exception;
“(4) the number of applicants who failed the examination required under subsection (a)(2);
“(5) the number of applicants who passed the examination required under subsection (a)(2); and
“(6) any recommendations for improving the integrity and rigor of the naturalization examination.”
Effective date— The amendments made by this section shall apply to any application for naturalization filed on or after the date that is 180 days after the date of enactment of this Act.
Sec. 6 Attachment to the principles of the Constitution and allegiance to the United States
In general— Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the following:
“(h) Attachment to the principles of the Constitution and allegiance to the United States
“(1) In general—For purposes of this chapter, an applicant shall not be regarded as attached to the principles of the Constitution of the United States or well disposed to the good order and happiness of the United States if the applicant knowingly—
“(A) engages in, incites, prepares, plans, assists, or provides material support for terrorism or terrorist activity;
“(B) advocates or teaches the duty, necessity, or propriety of the overthrow by force, violence, or other unlawful means of the Government of the United States or the constitutional order of the United States;
“(C) engages in, incites, prepares, plans, assists, or provides material support for assassination, sabotage, kidnapping, political violence, or other unlawful violence as a means of political coercion;
“(D) participates in, assists, or provides material support to a transnational criminal organization, cartel, or criminal gang;
“(E) knowingly acts as an agent, representative, or instrumentality of a foreign power, or knowingly acts under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States;
“(F) conceals any affiliation, association, agency relationship, representative capacity, or conduct described in subparagraphs (A) through (E);
“(G) makes any false statement or material misrepresentation concerning the applicant’s allegiance to the United States, attachment to the principles of the Constitution of the United States, willingness to take the oath of allegiance, or disposition toward the good order and happiness of the United States; or
“(H) refuses to affirm, without mental reservation, the oath of allegiance described in section 337.
“(2) Foreign power—In this subsection, the term foreign power has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act.
“(3) Material support—In this subsection, the term material support has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act.
“(4) Terrorist activity—In this subsection, the term terrorist activity has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act.
“(5) Rule of construction—Nothing in this subsection may be construed to authorize the denial of an application for naturalization based solely on—
“(A) speech protected by the First Amendment to the Constitution of the United States;
“(B) religious belief;
“(C) lawful association;
“(D) familial relationship;
“(E) nationality;
“(F) ethnicity;
“(G) dual nationality;
“(H) lawful contact with a foreign government;
“(I) lawful contact with a foreign political party; or
“(J) lawful advocacy that does not involve force, violence, material support for unlawful activity, terrorism, fraud, concealment, or conduct inconsistent with allegiance to the United States.
“(6) Burden of proof—Nothing in this subsection may be construed to alter the burden of an applicant for naturalization to establish eligibility for naturalization under this chapter.”
Conforming amendment— Section 316(a) of the Immigration and Nationality Act (8 U.S.C. 1427(a)) is amended by inserting “, including the requirements under subsection (h),” after “Constitution of the United States”.
Effective date— The amendments made by this section shall apply to any application for naturalization pending on or filed on or after the date of enactment of this Act.
Sec. 7 Instruction on the oath of allegiance
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
“(c) Instruction on the oath of allegiance
“(1) In general—Before administering the oath of allegiance under subsection (a), the Secretary shall ensure that each applicant for naturalization receives instruction, in the English language, on the meaning of the oath of allegiance.
“(2) Contents—The instruction required under paragraph (1) shall include instruction on—
“(A) allegiance to the United States;
“(B) renunciation of prior political allegiance to any foreign prince, potentate, state, or sovereignty;
“(C) the duty to support and defend the Constitution and laws of the United States;
“(D) the obligation to bear true faith and allegiance to the United States;
“(E) the duty to obey the laws of the United States;
“(F) the rights, privileges, duties, and obligations of American citizenship;
“(G) equal citizenship under law;
“(H) the distinction between citizenship, lawful permanent residence, temporary presence, parole, and other immigration statuses; and
“(I) the consequences of false statements, concealment of material facts, fraud, or refusal to take the oath without mental reservation.
“(3) Certification—Before administering the oath of allegiance, the Secretary shall require the applicant to certify, in writing and under penalty of perjury, that the applicant—
“(A) received the instruction required under this subsection;
“(B) understands the oath of allegiance;
“(C) is willing to take the oath freely and without mental reservation; and
“(D) understands that a false statement or concealment of a material fact concerning the oath of allegiance may result in denial of naturalization, civil denaturalization, criminal prosecution, removal, or other consequences provided by law.
“(4) Waivers, modifications, and accommodations—The requirements of this subsection shall not apply to a person for whom the taking of the oath is waived under subsection (a). In the case of a person who is permitted to take a modified oath under subsection (a), the instruction and certification required under this subsection shall be conformed to the oath that such person is required to take. The Secretary shall provide reasonable accommodations for any person with a disability, consistent with subsection (a) and section 312(b).
“(5) Rule of construction—Nothing in this subsection may be construed to alter, limit, or supersede any accommodation, modification, waiver, or exception expressly provided by this section, section 312(b), or any other provision of law.”
Effective date— The amendments made by this section shall apply to any oath of allegiance administered on or after the date that is 180 days after the date of enactment of this Act.
Sec. 8 Consequences for fraud, concealment, false statements, and abuse of the naturalization process
In general— Chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) is amended by inserting after section 318 the following:
“318A. Naturalization process integrity
“(a) Mandatory denial—The Secretary shall deny an application for naturalization if the Secretary determines that the applicant knowingly—
“(1) made a false statement or material misrepresentation in the naturalization process;
“(2) concealed a material fact in the naturalization process;
“(3) submitted, presented, procured, or relied upon any fraudulent, altered, forged, counterfeit, unlawfully obtained, or materially inaccurate document in the naturalization process;
“(4) used a false identity, alias, false date of birth, false place of birth, false nationality, false immigration history, or false Social Security account number in the naturalization process;
“(5) falsely claimed eligibility for naturalization;
“(6) obstructed, impeded, delayed, or refused to cooperate with any background check, biometric check, criminal-history check, immigration-history check, national-security check, interview, investigation, or request for evidence required for naturalization;
“(7) concealed any criminal conduct, arrest, charge, conviction, sentence, prior removal, prior unlawful presence, unlawful voting, unlawful registration to vote, unlawful employment, immigration fraud, benefit fraud, tax fraud, gang affiliation, cartel affiliation, terrorist affiliation, association with a foreign terrorist organization, or conduct described in section 316(h), if disclosure of such information was required by statute, regulation, form, instruction, interview, request for evidence, or other lawful request in the naturalization process;
“(8) procured testimony, sponsorship, documentation, translation, interpretation, representation, or evidence through fraud, coercion, bribery, threat, concealment, or material misrepresentation; or
“(9) engaged in any other fraudulent or obstructive conduct that was material to the adjudication of the application for naturalization.
“(b) Permanent bar for serious naturalization fraud or concealment
“(1) In general—Except as provided in subsection (c), an alien described in paragraph (2) shall be permanently ineligible for naturalization.
“(2) Aliens described—An alien is described in this paragraph if the alien knowingly engaged in conduct described in subsection (a) and such conduct involved or concealed—
“(A) terrorism;
“(B) espionage;
“(C) sabotage;
“(D) knowingly acting as an agent, representative, or instrumentality of a foreign power, or knowingly acting under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States;
“(E) participation in, assistance to, or material support for a transnational criminal organization, cartel, or criminal gang;
“(F) a crime of violence, as defined in section 16 of title 18, United States Code;
“(G) an aggravated felony, as defined in section 101(a)(43);
“(H) a sex offense, as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911);
“(I) child exploitation;
“(J) human trafficking;
“(K) unlawful voting or unlawful registration to vote;
“(L) use of a false identity;
“(M) prior removal;
“(N) a false claim of United States citizenship;
“(O) fraud against the United States, a State, a unit of local government, or an Indian Tribe;
“(P) benefit fraud involving an amount equal to or greater than $10,000; or
“(Q) any offense involving bribery, obstruction of justice, perjury, subornation of perjury, witness tampering, or destruction of records in connection with the naturalization process.
“(c) Exception for certain reasonable belief cases—Subsection (b)(2)(N) shall not apply if the alien establishes, by clear and convincing evidence, that each natural parent of the alien, or, in the case of an adopted alien, each adoptive parent of the alien, is or was a citizen of the United States, the alien permanently resided in the United States before attaining the age of 16 years, and the alien reasonably believed at the time of the false claim that the alien was a citizen of the United States.
“(d) 10-year bar for other material fraud or concealment—Except as provided in subsection (b), an alien who knowingly engages in conduct described in subsection (a) shall be ineligible for naturalization for a period of not less than 10 years beginning on the date on which the Secretary denies the application for naturalization or determines that the alien engaged in such conduct, whichever occurs later.
“(e) Effect of withdrawal, correction, or claim of immateriality
“(1) No cure by withdrawal—Conduct described in subsection (a) is not cured merely because the applicant withdraws the application for naturalization after such conduct occurs.
“(2) No cure by correction after detection—Conduct described in subsection (a) is not cured merely because the applicant corrects, supplements, or amends the record after the false statement, misrepresentation, concealment, fraud, or obstruction is detected by the Department of Homeland Security, the Department of Justice, the Department of State, or any other Federal, State, local, Tribal, territorial, or foreign authority.
“(3) No defense based solely on claim of ultimate eligibility—It shall not be a defense to a determination under this section that the applicant asserts that the false statement, misrepresentation, concealment, fraud, or obstruction was unnecessary to ultimate eligibility for naturalization, if the fact at issue was material.
“(f) Mandatory referral
“(1) In general—If the Secretary determines that there is credible evidence that an applicant has engaged in conduct described in subsection (a), the Secretary shall refer the matter, as appropriate, to—
“(A) U.S. Immigration and Customs Enforcement;
“(B) the Department of Justice;
“(C) the Department of State;
“(D) the Federal Bureau of Investigation;
“(E) the Inspector General of the Department of Homeland Security; or
“(F) any other appropriate Federal agency.
“(2) Contents of referral—A referral under paragraph (1) shall include any relevant application materials, interview records, sworn statements, documentary evidence, biometric information, fraud findings, criminal-history information, immigration-history information, and national-security information available to the Secretary, consistent with applicable law.
“(g) Removal priority—An alien who is denied naturalization under this section shall be treated as a priority for removal if the alien is otherwise removable under this Act.
“(h) Limitation on subsequent immigration benefits
“(1) In general—Except as provided in paragraph (2), an alien who is denied naturalization under subsection (a) may not receive any discretionary immigration benefit under this Act during the period of ineligibility described in subsection (b) or (d).
“(2) Exceptions—Paragraph (1) shall not apply to—
“(A) withholding of removal;
“(B) protection under the Convention Against Torture;
“(C) an application, petition, or request for relief or protection for which eligibility is required by Federal law to be available notwithstanding fraud or misrepresentation;
“(D) a law-enforcement certification, protection, or benefit made available to victims, witnesses, or cooperators, if the Secretary or the Attorney General determines that such certification, protection, or benefit is in the national interest; or
“(E) any other protection that the United States is required to provide under Federal law.
“(i) Record of fraud determination—The Secretary shall maintain a record of any denial or determination under this section and shall ensure that such record is available to officers and employees of the Department of Homeland Security for purposes of adjudicating any subsequent immigration application, petition, request, or benefit.
“(j) Notice—The Secretary shall provide an alien denied naturalization under this section with written notice describing—
“(1) the basis for the denial;
“(2) any period of ineligibility imposed under subsection (b) or (d);
“(3) any referral made under subsection (f), to the extent disclosure is not prohibited by law or contrary to law-enforcement or national-security interests; and
“(4) any administrative or judicial review available under law.
“(k) Rule of construction—Nothing in this section may be construed to limit—
“(1) the authority of the United States to prosecute any offense;
“(2) the authority of the United States to initiate removal proceedings;
“(3) the authority of the United States to deny any immigration benefit;
“(4) the authority of the United States to bring a civil denaturalization action under section 340;
“(5) any ground of inadmissibility or deportability under this Act; or
“(6) any other consequence provided by law for fraud, concealment, false statements, false documents, perjury, unlawful voting, false claims of citizenship, or obstruction.
“(l) Definitions—In this section, the terms “foreign power”, “material fact”, and “naturalization process” have the meanings given such terms in section 4 of the America First Citizenship and Allegiance Act.”
Clerical amendment— The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 318 the following:
Conforming amendment— Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) is amended by inserting after “deportability pursuant to a warrant of arrest issued under the provisions of this or any other Act” the following: “, or while a fraud determination, background-check investigation, national-security investigation, or referral described in section 318A(f) remains pending with respect to the applicant”.
Effective date— The amendments made by this section shall apply to—
any application for naturalization filed on or after the date of enactment of this Act;
any application for naturalization pending on the date of enactment of this Act, except that an applicant shall be provided a reasonable opportunity to supplement or correct the application in accordance with procedures established by the Secretary; and
any false statement, material misrepresentation, concealment, obstruction, fraudulent submission, or other conduct described in section 318A(a) of the Immigration and Nationality Act, as added by subsection (a), that occurs on or after the date of enactment of this Act.
Sec. 9 Preservation of denaturalization authorities
In general— Nothing in this Act, or the amendments made by this Act, shall be construed to limit, impair, or otherwise affect the authority of the United States to institute proceedings under section 340 of the Immigration and Nationality Act (8 U.S.C. 1451), including proceedings based on concealment of a material fact, willful misrepresentation, illegal procurement of naturalization, lack of good moral character, lack of attachment to the principles of the Constitution of the United States, or lack of disposition to the good order and happiness of the United States.
Effect of naturalization process violation— If an alien is naturalized notwithstanding conduct described in section 318A of the Immigration and Nationality Act, as added by section 8 of this Act, such conduct may constitute evidence that the order admitting such person to citizenship was illegally procured or procured by concealment of a material fact or by willful misrepresentation for purposes of section 340 of the Immigration and Nationality Act (8 U.S.C. 1451).
Rule of construction— Nothing in this section shall be construed—
to require the United States to institute proceedings under section 340 of the Immigration and Nationality Act (8 U.S.C. 1451);
to limit any ground for denaturalization or revocation of naturalization under section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) or any other provision of law; or
to create any defense to denaturalization or revocation of naturalization that is not otherwise available under law.
Sec. 10 Criminal penalties for naturalization fraud and false statements
by striking the undesignated matter following subsection (b); and
by inserting after subsection (b) the following:
“(c) Penalties—A person who violates subsection (a) or (b) shall be fined under this title, imprisoned—
“(1) not more than 25 years, if the offense was committed to facilitate an act of international terrorism, as defined in section 2331;
“(2) not more than 20 years, if the offense was committed to facilitate a drug trafficking crime, as defined in section 929(a), or transnational criminal activity;
“(3) not more than 10 years, in the case of the first or second such offense, if the offense was not committed to facilitate an act of international terrorism, a drug trafficking crime, or transnational criminal activity; or
“(4) not more than 15 years, in the case of any other offense, or both.
“(d) Forfeiture—Any document, thing of value, or proceeds obtained as a result of an offense under this section shall be subject to forfeiture to the United States.
“(e) Immigration consequences—A conviction under this section shall be deemed to involve moral turpitude, fraud, and obstruction of the naturalization process for purposes of the Immigration and Nationality Act.”
False statements relating to naturalization, citizenship, or registry— Section 1015 of title 18, United States Code, is amended—
by striking the undesignated matter following subsection (f); and
by inserting after subsection (f) the following:
“(g) Penalty—Except as provided in subsection (h), a person who violates this section shall be fined under this title, imprisoned not more than 10 years, or both.
“(h) Enhanced penalty—If an offense under this section involves terrorism, espionage, sabotage, a transnational criminal organization, cartel activity, gang activity, a sex offense, child exploitation, human trafficking, unlawful voting, false identity, prior removal, or knowingly acting as an agent, representative, or instrumentality of a foreign power, or knowingly acting under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States, the defendant shall be fined under this title, imprisoned not more than 20 years, or both.”
Document fraud— Section 274C(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1324c(e)(1)) is amended—
in subparagraph (A), by striking “not less than $250 and not more than $2,000” and inserting “not less than $2,500 and not more than $10,000”; and
in subparagraph (B), by striking “not less than $2,000 and not more than $5,000” and inserting “not less than $10,000 and not more than $25,000”.
Definition— In this section, the term transnational criminal activity means criminal activity carried out by, at the direction of, or in material coordination with a transnational criminal organization, cartel, or criminal gang that is based primarily outside the United States.
Rule of construction— Nothing in this section, or the amendments made by this section, may be construed to limit the authority of the United States to pursue denaturalization, removal, forfeiture, civil penalties, criminal penalties, or any other remedy available under law.
Sec. 11 America 250 Citizenship Initiative
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an initiative, to be known as the “America 250 Citizenship Initiative”, to revise and strengthen naturalization materials, oath-of-allegiance materials, and civics resources in connection with the 250th anniversary of the Declaration of Independence.
Contents— The initiative established under subsection (a) shall include—
revised study materials for the naturalization examination required under section 312 of the Immigration and Nationality Act;
a citizenship guide explaining the Declaration of Independence, the Constitution of the United States, the Bill of Rights, separation of powers, Federalism, religious liberty, freedom of speech, equal citizenship, the rule of law, and the duties of citizenship;
model materials for oath-of-allegiance ceremonies;
materials explaining the distinction between citizenship, lawful permanent residence, temporary presence, parole, and other immigration statuses;
materials explaining that citizenship requires allegiance to the United States and attachment to the principles of the Constitution of the United States;
materials explaining the consequences of fraud, concealment, false statements, false documents, unlawful voting, false claims of citizenship, and abuse of the naturalization process; and
such other materials as the Secretary determines appropriate to promote understanding of American citizenship, constitutional liberty, civic obligation, and allegiance to the United States.
Use of materials— The Secretary shall ensure that the materials developed under this section are incorporated into—
naturalization study materials;
applicant preparation materials;
oath-of-allegiance instruction required under section 337(c) of the Immigration and Nationality Act, as added by section 7 of this Act; and
public-facing materials concerning naturalization and citizenship.
Consultation— In carrying out this section, the Secretary shall consult with—
the Archivist of the United States;
the Secretary of Education;
the Director of the National Park Service;
the Librarian of Congress;
the Director of the Administrative Office of the United States Courts; and
such other Federal officials as the Secretary determines appropriate.
Limitation— Nothing in this section may be construed to authorize the Secretary to create any new grant program.
Sec. 12 Annual report to Congress
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report concerning implementation of this Act.
Contents— Each report required under subsection (a) shall include—
the number of naturalization applications received;
the number of naturalization applications approved;
the number of naturalization applications denied;
the number of denials based on failure to satisfy English-language requirements;
the number of denials based on failure to satisfy civics or history requirements;
the number of denials based on failure to demonstrate attachment to the principles of the Constitution of the United States;
the number of denials based on failure to demonstrate favorable disposition toward the good order and happiness of the United States;
the number of denials based on false statements, material misrepresentation, concealment of material facts, false identity, fraudulent documents, obstruction, or fraud;
the number of referrals made under section 318A(f) of the Immigration and Nationality Act, as added by section 8;
the number of aliens denied naturalization who were placed in removal proceedings;
the number of applicants granted waivers or exceptions from English-language or civics requirements, disaggregated by statutory basis;
the number of oath ceremonies conducted;
the number of applicants who failed to certify understanding of the oath of allegiance;
the status of the America 250 Citizenship Initiative; and
recommendations for legislation or administrative action to improve the integrity of the naturalization process.
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 13 Regulations
In general— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General as appropriate, shall promulgate regulations to carry out this Act and the amendments made by this Act, including regulations concerning—
the naturalization examination required under section 312 of the Immigration and Nationality Act;
instruction on the oath of allegiance required under section 337(c) of the Immigration and Nationality Act;
determinations of attachment to the principles of the Constitution of the United States under section 316(h) of the Immigration and Nationality Act;
fraud determinations under section 318A of the Immigration and Nationality Act;
permanent and temporary bars to naturalization under section 318A of the Immigration and Nationality Act;
referrals to Federal law-enforcement agencies;
recordkeeping requirements;
notice to applicants; and
implementation of the America 250 Citizenship Initiative.
No delay— The failure of the Secretary to promulgate regulations under subsection (a) shall not delay the effective date of this Act or the amendments made by this Act.
Sec. 14 Rule of construction
Nothing in this Act, or the amendments made by this Act, may be construed—
to authorize the denial of naturalization based solely on speech protected by the First Amendment to the Constitution of the United States;
to authorize the denial of naturalization based solely on religious belief, lawful association, familial relationship, nationality, ethnicity, dual nationality, or lawful contact with a foreign government;
to limit the authority of the United States to deny naturalization to any applicant who fails to establish eligibility for naturalization;
to limit the authority of the United States to bring denaturalization proceedings under section 340 of the Immigration and Nationality Act (8 U.S.C. 1451);
to limit the authority of the United States to initiate removal proceedings;
to limit any ground of inadmissibility or deportability under the Immigration and Nationality Act;
to limit the authority of the United States to investigate or prosecute fraud, false statements, false documents, false claims of citizenship, unlawful voting, obstruction, perjury, bribery, terrorism, espionage, sabotage, gang activity, cartel activity, or transnational criminal activity;
to create any entitlement to naturalization, citizenship, or any immigration benefit;
to alter the requirement that an applicant for naturalization bears the burden of establishing eligibility for naturalization;
to affect the citizenship or nationality status of any person who is a citizen or national of the United States on the date of enactment of this Act; or
to alter the allocation of authority between the Secretary of Homeland Security and the Attorney General under the Immigration and Nationality Act, the Homeland Security Act of 2002, or any other provision of law.
Sec. 15 Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act, the amendments made by this Act, and the application of the provisions and amendments to any other person or circumstance shall not be affected.
Sec. 16 Effective date
Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.