(a) Short title

This Act may be cited as the America First Citizenship and Allegiance Act.

(b) Table of contents

The table of contents for this Act is as follows:

(1)

American citizenship is not merely an administrative status, immigration benefit, welfare ticket, or entitlement to public resources.

(2)

American citizenship is membership in the American political community.

(3)

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.

(4)

The United States is a sovereign Nation with the inherent authority to determine who may join the Nation as a citizen.

(5)

Naturalization is the formal act by which an alien is admitted into the American people and assumes the obligations of American citizenship.

(6)

Naturalization is not a ministerial transaction. It is a solemn act of allegiance to the United States.

(7)

An applicant for naturalization must demonstrate more than physical presence, technical eligibility, or completion of paperwork.

(8)

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.

(9)

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.

(10)

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.

(11)

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.

(12)

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.

(13)

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.

(14)

Congress has a duty to ensure that naturalization remains a meaningful act of allegiance, assimilation, and membership in the American Nation.

(1)

to restore naturalization as a serious act of joining the American people;

(2)

to reaffirm that American citizenship is a bond of allegiance, constitutional attachment, civic duty, and membership in the Nation;

(3)

to strengthen the civics, English, and constitutional-attachment requirements for naturalization;

(4)

to ensure that applicants for naturalization understand the oath of allegiance before becoming citizens;

(5)

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;

(6)

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;

(7)

to impose meaningful consequences on persons who defraud, corrupt, obstruct, or abuse the naturalization process; and

(8)

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.

(1) 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)).

(2) 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.).

(3) Foreign power

The term foreign power means—

(4) 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.

(5) 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.

(6) Secretary

The term Secretary means the Secretary of Homeland Security.

(7) Material support

The term material support means material support or resources, as defined in section 2339A(b) of title 18, United States Code.

(8) 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)).

(9) 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)).

(a) In general

Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423) is amended—

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(a) In general

Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended—

(b) 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.

(a) 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.

(b) 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:

(c) 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.

(d) Effective date

The amendments made by this section shall apply to—

(a) 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.

(b) 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).

(c) Rule of construction

Nothing in this section shall be construed—

(a) Naturalization fraud

Section 1425 of title 18, United States Code, is amended—

(b) False statements relating to naturalization, citizenship, or registry

Section 1015 of title 18, United States Code, is amended—

(c) Document fraud

Section 274C(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1324c(e)(1)) is amended—

(d) 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.

(e) 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.

(a) 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.

(b) Contents

The initiative established under subsection (a) shall include—

(c) Use of materials

The Secretary shall ensure that the materials developed under this section are incorporated into—

(d) Consultation

In carrying out this section, the Secretary shall consult with—

(e) Limitation

Nothing in this section may be construed to authorize the Secretary to create any new grant program.

(a) 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.

(b) Contents

Each report required under subsection (a) shall include—

(c) Form

The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(a) 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—

(b) 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.

(1)

to authorize the denial of naturalization based solely on speech protected by the First Amendment to the Constitution of the United States;

(2)

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;

(3)

to limit the authority of the United States to deny naturalization to any applicant who fails to establish eligibility for naturalization;

(4)

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);

(5)

to limit the authority of the United States to initiate removal proceedings;

(6)

to limit any ground of inadmissibility or deportability under the Immigration and Nationality Act;

(7)

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;

(8)

to create any entitlement to naturalization, citizenship, or any immigration benefit;

(9)

to alter the requirement that an applicant for naturalization bears the burden of establishing eligibility for naturalization;

(10)

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

(11)

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.