[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8341 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8341
To amend the Immigration and Nationality Act to require an attestation
disavowing terrorist intent prior to naturalization of any alien.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2026
Mr. Moore of West Virginia (for himself, Mr. Gill of Texas, Mr. Fine,
Mr. Hunt, Ms. Mace, Mr. Ogles, Mr. Moore of Alabama, Mr. Crane, and Mr.
Carter of Georgia) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to require an attestation
disavowing terrorist intent prior to naturalization of any alien.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denaturalization and Expulsion of
Persons who Orchestrate Radical Terrorism Act of 2026'' or as the
``DEPORT Act of 2026''.
SEC. 2. TERRORISM ATTESTATION REQUIREMENT FOR NATURALIZATION.
Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427)
is amended by adding at the end the following:
``(g) Terrorism Attestation.--
``(1) In general.--As a condition of naturalization, each
applicant shall execute under oath and under penalty of perjury
a written attestation, on such form as the Secretary of
Homeland Security shall prescribe, that the applicant--
``(A) has not been convicted of, or had charges
pending for, any covered offense, as defined in
paragraph (4), at the time of the naturalization
application or oath of allegiance; and
``(B) does not, at the time of naturalization,
possess an intent to commit any covered offense in the
future.
``(2) Form requirement.--Not later than 180 days after the
date of enactment of this subsection, the Secretary of Homeland
Security shall revise the application for naturalization (Form
N-400, or any successor form) to include the attestation
required under paragraph (1), with each covered offense listed
individually, requiring the applicant to separately affirm
compliance as to each such offense.
``(3) Oath requirement.--The oath of allegiance
administered under section 337 shall include an express
renunciation of any intent to engage in any covered offense
against the United States or its people.
``(4) Covered offenses defined.--For purposes of this
subsection and section 340(f), the term `covered offense' means
any of the following:
``(A) Any Federal crime of terrorism, as defined in
section 2332b(g)(5) of title 18, United States Code.
``(B) Any offense under section 2339A of title 18,
United States Code (relating to providing material
support to terrorists).
``(C) Any offense under section 2339B of title 18,
United States Code (relating to providing material
support or resources to designated foreign terrorist
organizations).
``(D) Any offense under section 2339C of title 18,
United States Code (relating to financing of
terrorism).
``(E) Any offense under section 2339D of title 18,
United States Code (relating to receiving military-type
training from a foreign terrorist organization).
``(F) Any offense under section 2332a of title 18,
United States Code (relating to use of weapons of mass
destruction).
``(G) Any offense under sections 175, 175c, or 178
of title 18, United States Code (relating to biological
weapons).
``(H) Any offense under section 229 of title 18,
United States Code (relating to chemical weapons).
``(I) Any offense under section 831 of title 18,
United States Code (relating to prohibited transactions
involving nuclear materials).
``(J) Any offense under section 32 of title 18,
United States Code (relating to destruction of aircraft
or aircraft facilities).
``(K) Any offense under section 37 of title 18,
United States Code (relating to violence at
international airports).
``(L) Any offense under section 1203 of title 18,
United States Code (relating to hostage taking).
``(M) Any offense under section 2280 or 2281 of
title 18, United States Code (relating to violence
against maritime navigation or maritime fixed
platforms).
``(N) Any offense under section 2332 of title 18,
United States Code (relating to criminal penalties
involving the killing of United States nationals
abroad).
``(O) Any offense under section 2332b of title 18,
United States Code (relating to acts of terrorism
transcending national boundaries).
``(P) Any offense under section 2332f of title 18,
United States Code (relating to bombings of places of
public use, government facilities, public
transportation systems, and infrastructure facilities).
``(Q) Any offense under section 2332g or 2332h of
title 18, United States Code (relating to missile
systems designed to destroy aircraft and radiological
dispersal devices).
``(R) Any offense under section 2332i of title 18,
United States Code (relating to acts of nuclear
terrorism).
``(S) Any offense under section 2384 of title 18,
United States Code (relating to seditious conspiracy).
``(T) Any offense under section 1992 of title 18,
United States Code (relating to terrorist attacks and
other violence against railroad carriers and against
mass transportation systems on land, on water, or
through the air).
``(U) Any offense under section 2283 or 2284 of
title 18, United States Code (relating to
transportation of explosives, destructive devices, and
biological, chemical, nuclear, or radiological weapons,
or transportation of terrorists).
``(V) Any conspiracy to commit, or attempt to
commit, any of the offenses described in subparagraphs
(A) through (U).''.
SEC. 3. TERRORISM CONVICTIONS AND CONDUCT AS EVIDENCE OF ILLEGAL
PROCUREMENT OF NATURALIZATION.
Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451)
is amended--
(1) in subsection (a), by adding at the end the following:
``A conviction, finding, admission, or other credible evidence
described in subsection (f) may constitute evidence that
naturalization was illegally procured or procured by
concealment of a material fact or by willful
misrepresentation.''; and
(2) by adding at the end the following:
``(i) Terrorism-Related Conduct as Evidence of Illegal
Procurement.--
``(1) Prima facie evidence of ineligibility for prior
naturalization.--For any person who was naturalized prior to
the effective date of the attestation requirement under section
316(g), a conviction described in paragraph (2), or a judicial
or administrative finding, admission by the person, or other
credible evidence of conduct described in paragraph (2),
occurring within 10 years after the date of naturalization,
shall constitute prima facie evidence that--
``(A) the person lacked good moral character under
section 101(f), attachment to the principles of the
Constitution of the United States under section 316(a),
and disposition to the good order and happiness of the
United States required for naturalization; and
``(B) the order admitting the person to citizenship
and the certificate of naturalization were illegally
procured or procured by concealment of a material fact
or by willful misrepresentation.
The 10-year period in this paragraph shall apply unless
judicially determined to be unconstitutional as applied, in
which case a 7-year period shall apply, and if that period is
likewise determined unconstitutional, a 5-year period shall
apply.
``(2) Covered offenses and conduct.--The convictions,
findings, admissions, or evidence described in this paragraph
are--
``(A) a conviction by a final judgment, after
exhaustion of direct appeals, in any Federal court of
competent jurisdiction, or by court-martial under
chapter 47 of title 10, United States Code, for any
covered offense as defined in section 316(g)(4),
including any attempt or conspiracy to commit such an
offense;
``(B) knowing membership in, or material support
to, a foreign terrorist organization designated under
section 219 of this Act, or any organization engaged in
terrorist activity as defined in section 212(a)(3)(B),
where the person--
``(i) knew or reasonably should have known
of the organization's designation or terrorist
character at the time of membership or support;
``(ii) actively participated in or
materially contributed to the organization's
activities, finances, recruitment, or
operations; and
``(iii) did not take affirmative steps to
disassociate upon learning of the
organization's terrorist character; or
``(C) clear and convincing evidence, established
through judicial findings in a civil proceeding under
paragraph (4), that the person engaged in specific
overt acts constituting terrorist activity as defined
in section 212(a)(3)(B), where such evidence includes
corroborating documentation, witness testimony, or
other independently verifiable proof, and where the
person has been afforded full opportunity to contest
such evidence.
``(3) Presumption of illegal procurement based on
attestation.--For any naturalized citizen who executed an
attestation under section 316(g), a subsequent conviction for a
covered offense as defined in section 316(g)(4), regardless of
when such conviction occurs, shall constitute evidence that
naturalization was procured by concealment of a material fact
or by willful misrepresentation. Specifically--
``(A) for conduct occurring, in whole or in part,
prior to the date of naturalization, such conviction
shall create a rebuttable presumption that the
attestation required under section 316(g)(1)(A) was
false at the time it was made; and
``(B) for conduct occurring entirely after the date
of naturalization, such conviction shall create a
rebuttable presumption that the person did not possess
a genuine intent to refrain from committing a covered
offense at the time the attestation under section
316(g)(1)(B) was executed.
The presumption in either case may be rebutted only by the
defendant establishing, by clear, convincing, and unequivocal
evidence, that the attestation was truthful at the time it was
made and that they possessed a genuine intent to comply with
the attestation at the time of naturalization. Where the
defendant produces evidence sufficient to rebut the
presumption, the burden of persuasion on the ultimate question
of illegal procurement shall return to the Government, which
must then establish such procurement by clear, convincing, and
unequivocal evidence.
``(4) Procedures.--
``(A) Proceedings under this subsection shall be
brought by the Attorney General, acting through the
Department of Justice, in a civil action filed in the
United States district court for the district in which
the person resides or is found.
``(B) Except where a presumption is established
under paragraph (3), the Government shall bear the
burden of establishing the grounds for revocation by
clear, convincing, and unequivocal evidence.
``(C) Revocation of naturalization under this
subsection shall take effect on the date of the final
order of the court revoking naturalization.
``(D) Upon entry of a final order revoking
naturalization under this subsection, the Secretary of
Homeland Security shall initiate removal proceedings
pursuant to section 240 of this Act. The United States
attorney for the district in which a covered conviction
is obtained shall notify the Secretary of Homeland
Security not later than 30 days after the date on which
such conviction becomes final.
``(E) The Attorney General may initiate proceedings
under this subsection based on evidence of conduct
described in paragraph (2)(C) absent a final criminal
conviction only where--
``(i) a federal grand jury has returned an
indictment for conduct described in paragraph
(2)(A), or a federal court has made a judicial
finding of probable cause for such conduct;
``(ii) the person has been provided notice
and a meaningful opportunity to be heard before
a neutral adjudicator;
``(iii) the Government establishes its case
by clear, convincing, and unequivocal evidence;
``(iv) the civil proceeding is stayed if
criminal proceedings on the same conduct are
pending, unless the person consents to
simultaneous proceedings; and
``(v) where the evidence supporting the
proceedings includes classified information,
the Attorney General, in consultation with the
Director of National Intelligence, may file a
classified certification with the reviewing
court attesting that--
``(I) the classified information
has been reviewed by the court in
camera and ex parte;
``(II) disclosure of such
information would cause identifiable
harm to national security; and
``(III) the classified information,
considered together with any
unclassified evidence, establishes the
evidentiary standard required under
subparagraph (B); provided that the
person is afforded a meaningful
opportunity to contest the unclassified
portions of the government's case and
to submit rebuttal evidence.
``(5) Statelessness and removal authority.--
``(A) If revocation of naturalization under this
subsection would render the person stateless and
removal cannot be effectuated, the person shall be
detained in accordance with section 241 of this Act (8
U.S.C. 1231) until removal becomes practicable.
``(B) Notwithstanding subparagraph (A), where
revocation is based on terrorism-related conduct under
this subsection, the Attorney General may seek
continued detention beyond the presumptive removal
period by filing a certification with the reviewing
district court that--
``(i) removal to any available country is
actively being pursued;
``(ii) the person has been individually
assessed and determined to pose a specific,
articulable threat to national security or
public safety; and
``(iii) detention is reviewed by the court
no less frequently than every 180 days.
Such certification shall not authorize permanent indefinite
detention absent continued judicial authorization.
``(6) Applicability to prior naturalizations.--With respect
to any person naturalized prior to the effective date of the
attestation requirement under section 316(g), a conviction for
a covered offense shall constitute independent grounds for the
institution of denaturalization proceedings under section
340(a), on the basis that such conviction constitutes evidence
that naturalization was procured by concealment of a material
fact, to the extent that the person failed to disclose prior
convictions, pending charges, or intent to engage in conduct
constituting a covered offense at the time of the
naturalization application or oath of allegiance.
``(7) No time limitation.--There shall be no statute of
limitations for proceedings under this subsection.''.
SEC. 4. DEPORTABILITY OF DENATURALIZED PERSONS.
Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended by adding at the end the following:
``(9) Aliens denaturalized under section 340.--Any alien
whose naturalization has been revoked pursuant to section 340
shall be deportable and subject to removal proceedings under
this title.''.
SEC. 5. INADMISSIBILITY FOR COVERED TERRORISM CONVICTIONS.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(K) Federal terrorism convictions.--Any alien who
has been convicted of a covered offense, as that term
is defined in section 316(g)(4) of this Act, is
inadmissible.''.
SEC. 6. REVOCATION OF IMMIGRATION BENEFITS AND STATUS.
(a) In General.--Subject to judicial review, any alien who has been
convicted of a covered offense, as that term is defined in section
316(g)(4) of the Immigration and Nationality Act, shall be--
(1) rendered ineligible for any immigration benefit under
the immigration laws, including--
(A) adjustment of status under section 245 of such
Act;
(B) any form of relief from removal, including
cancellation of removal, voluntary departure, and
asylum;
(C) any classification as a nonimmigrant under
section 101(a)(15) of such Act;
(D) temporary protected status under section 244 of
such Act;
(E) deferred action, parole, or any other
discretionary grant of permission to remain in the
United States; and
(F) naturalization under title III of such Act;
(2) subject to removal proceedings under section 240 of the
Immigration and Nationality Act; and
(3) subject to detention during such proceedings pursuant
to section 236(c) of such Act, subject to judicial review as
provided under existing law.
(b) Revocation of Existing Benefits.--Any immigration benefit or
status previously granted to an alien described in subsection (a),
including lawful permanent resident status, any nonimmigrant status,
temporary protected status, deferred action, or parole, shall be
revoked upon entry of a final order of removal or denaturalization,
subject to judicial review.
(c) No Waiver.--No waiver under any provision of the Immigration
and Nationality Act shall be available with respect to any ground of
inadmissibility or deportability arising under this section or section
5 of this Act.
SEC. 7. PERMANENT BAR TO ADMISSION.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) (as amended by this Act) is further amended by adding at
the end the following:
``(L) Permanent bar for certain terrorist
offenders.--Any person whose naturalization is revoked
under section 340 or who has previously been ordered
removed for conviction for a covered offense, as that
term is defined in section 316(g)(4) of this Act, is
inadmissible (including any person inadmissible under
subparagraph (K)). No waiver of inadmissibility under
any provision of this Act or any other provision of law
shall be available to such alien.''.
SEC. 8. CONFORMING AMENDMENT.
Section 340(f) of the Immigration and Nationality Act (8 U.S.C.
1451(f)) is amended by adding at the end the following: ``On entry of a
final order of revocation under this subsection, the court shall revoke
and set aside the citizenship order and cancel the certificate of
naturalization.''.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) create any new basis for denaturalization other than
through the existing authority under section 340(a) of the
Immigration and Nationality Act, as supplemented by the
presumptions established in section 340(f) of such Act, as
added by this Act;
(2) limit the authority of the United States to institute
proceedings under section 340(a) of such Act on any other
basis, including illegal procurement, concealment of a material
fact, or willful misrepresentation unrelated to the attestation
required under section 316(g) of such Act;
(3) limit the authority of the Department of Homeland
Security or the Department of Justice to bring any criminal or
civil action under any other provision of law; or
(4) authorize the denaturalization of any person who is a
citizen of the United States by birth.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of any provision
to any person or circumstance, is held invalid, the remainder of this
Act and the application of its provisions shall not be affected.
SEC. 11. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect on the date of enactment of this Act.
(b) Attestation Requirement.--The attestation requirement under
section 316(g) of the Immigration and Nationality Act, as added by
section 2 of this Act, shall apply to all applications for
naturalization filed on or after the date that is 180 days after the
date of enactment of this Act.
(c) Inadmissibility, Deportability, and Benefit Revocation.--The
amendments made by sections 5 and 6 of this Act shall apply to any
conviction entered on or after the date of enactment of this Act,
regardless of when the underlying conduct occurred.
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