,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hcda ,,in ,,the ,,house ,,of ,,representatives ,april #af1 #bjbf,mr4 ,moore of ,west ,virginia 7for himself1 ,mr4 ,gill of ,texas1 ,mr4 ,fine1 ,mr4 ,hunt1 ,ms4 ,mace1 ,mr4 ,ogles1 ,mr4 ,moore of ,alabama1 ,mr4 ,crane1 and ,mr4 ,carter of ,georgia7 introduced the following bill2 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 alien4 #a4 ,short title ,this ,act may be cited as the ,denaturalization and ,expulsion of ,persons who ,orchestrate ,radical ,terrorism ,act of #bjbf or as the ,,deport ,act of #bjbf4 #b4 ,terrorism attestation requirement for naturalization ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7g7 ,terrorism attestation 7#a7 ,in general ,as a condition of naturalization1 each applicant shall execute under oath and under penalty of perjury a written attestation1 on such form as the ,secretary of ,homeland ,security shall prescribe1 that the applicant-- 7,a7 has not been convicted of1 or had charges pending for1 any covered offense1 as defined in paragraph 7#d71 at the time of the naturalization application or oath of allegiance2 and 7,b7 does not1 at the time of naturalization1 possess an intent to commit any covered offense in the future4 7#b7 ,form requirement ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary of ,homeland ,security shall revise the application for naturalization 7,form ,n-#djj1 or any successor form7 to include the attestation required under paragraph 7#a71 with each covered offense listed individually1 requiring the applicant to separately affirm compliance as to each such offense4 7#c7 ,oath requirement ,the oath of allegiance administered under section #ccg shall include an express renunciation of any intent to engage in any covered offense against the ,united ,states or its people4 7#d7 ,covered offenses defined ,for purposes of this subsection and section #cdj7;f71 the term covered offense means any of the following3 7,a7 ,any ,federal crime of terrorism1 as defined in section #bccb;b7g77#e7 of title #ah1 ,united ,states ,code4 7,b7 ,any offense under section #bcci;,a of title #ah1 ,united ,states ,code 7relating to providing material support to terrorists74 7,c7 ,any offense under section #bcci;,b of title #ah1 ,united ,states ,code 7relating to providing material support or resources to designated foreign terrorist organizations74 7,d7 ,any offense under section #bcci;,c of title #ah1 ,united ,states ,code 7relating to financing of terrorism74 7,e7 ,any offense under section #bcci;,d of title #ah1 ,united ,states ,code 7relating to receiving military-type training from a foreign terrorist organization74 7,f7 ,any offense under section #bccb;a of title #ah1 ,united ,states ,code 7relating to use of weapons of mass destruction74 7,g7 ,any offense under sections #age1 #age;c1 or #agh of title #ah1 ,united ,states ,code 7relating to biological weapons74 7,h7 ,any offense under section #bbi of title #ah1 ,united ,states ,code 7relating to chemical weapons74 7,i7 ,any offense under section #hca of title #ah1 ,united ,states ,code 7relating to prohibited transactions involving nuclear materials74 7,j7 ,any offense under section #cb of title #ah1 ,united ,states ,code 7relating to destruction of aircraft or aircraft facilities74 7,k7 ,any offense under section #cg of title #ah1 ,united ,states ,code 7relating to violence at international airports74 7,l7 ,any offense under section #abjc of title #ah1 ,united ,states ,code 7relating to hostage taking74 7,m7 ,any offense under section #bbhj or #bbha of title #ah1 ,united ,states ,code 7relating to violence against maritime navigation or maritime fixed platforms74 7,n7 ,any offense under section #bccb of title #ah1 ,united ,states ,code 7relating to criminal penalties involving the killing of ,united ,states nationals abroad74 7,o7 ,any offense under section #bccb;b of title #ah1 ,united ,states ,code 7relating to acts of terrorism transcending national boundaries74 7,p7 ,any offense under section #bccb;f of title #ah1 ,united ,states ,code 7relating to bombings of places of public use1 government facilities1 public transportation systems1 and infrastructure facilities74 7,q7 ,any offense under section #bccb;g or #bccb;h of title #ah1 ,united ,states ,code 7relating to missile systems designed to destroy aircraft and radiological dispersal devices74 7,r7 ,any offense under section #bccb;i of title #ah1 ,united ,states ,code 7relating to acts of nuclear terrorism74 7,s7 ,any offense under section #bchd of title #ah1 ,united ,states ,code 7relating to seditious conspiracy74 7,t7 ,any offense under section #aiib of title #ah1 ,united ,states ,code 7relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air74 7,u7 ,any offense under section #bbhc or #bbhd of title #ah1 ,united ,states ,code 7relating to transportation of explosives1 destructive devices1 and biological1 chemical1 nuclear1 or radiological weapons1 or transportation of terrorists74 7,v7 ,any conspiracy to commit1 or attempt to commit1 any of the offenses described in subparagraphs 7,a7 through 7,u74 4 #c4 ,terrorism convictions and conduct as evidence of illegal procurement of naturalization ,section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,a conviction1 finding1 admission1 or other credible evidence described in subsection 7f7 may constitute evidence that naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation42 and 7#b7 by adding at the end the following3 7i7 ,terrorism-,related conduct as evidence of illegal procurement 7#a7 ,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 #caf7;g71 a conviction described in paragraph 7#b71 or a judicial or administrative finding1 admission by the person1 or other credible evidence of conduct described in paragraph 7#b71 occurring within #aj years after the date of naturalization1 shall constitute prima facie evidence that-- 7,a7 the person lacked good moral character under section #aja7;f71 attachment to the principles of the ,constitution of the ,united ,states under section #caf7;a71 and disposition to the good order and happiness of the ,united ,states required for naturalization2 and 7,b7 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 misrepresentation4 ,the #aj-year period in this paragraph shall apply unless judicially determined to be unconstitutional as applied1 in which case a #g-year period shall apply1 and if that period is likewise determined unconstitutional1 a #e-year period shall apply4 7#b7 ,covered offenses and conduct ,the convictions1 findings1 admissions1 or evidence described in this paragraph are-- 7,a7 a conviction by a final judgment1 after exhaustion of direct appeals1 in any ,federal court of competent jurisdiction1 or by court-martial under chapter #dg of title #aj1 ,united ,states ,code1 for any covered offense as defined in section #caf7;g77#d71 including any attempt or conspiracy to commit such an offense2 7,b7 knowing membership in1 or material support to1 a foreign terrorist organization designated under section #bai of this ,act1 or any organization engaged in terrorist activity as defined in section #bab7;a77#c77;,b71 where the person-- 7i7 knew or reasonably should have known of the organization's designation or terrorist character at the time of membership or support2 7ii7 actively participated in or materially contributed to the organization's activities1 finances1 recruitment1 or operations2 and 7iii7 did not take affirmative steps to disassociate upon learning of the organization's terrorist character2 or 7,c7 clear and convincing evidence1 established through judicial findings in a civil proceeding under paragraph 7#d71 that the person engaged in specific overt acts constituting terrorist activity as defined in section #bab7;a77#c77;,b71 where such evidence includes corroborating documentation1 witness testimony1 or other independently verifiable proof1 and where the person has been afforded full opportunity to contest such evidence4 7#c7 ,presumption of illegal procurement based on attestation ,for any naturalized citizen who executed an attestation under section #caf7;g71 a subsequent conviction for a covered offense as defined in section #caf7;g77#d71 regardless of when such conviction occurs1 shall constitute evidence that naturalization was procured by concealment of a material fact or by willful misrepresentation4 ,specifically-- 7,a7 for conduct occurring1 in whole or in part1 prior to the date of naturalization1 such conviction shall create a rebuttable presumption that the attestation required under section #caf7;g77#a77;,a7 was false at the time it was made2 and 7,b7 for conduct occurring entirely after the date of naturalization1 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 #caf7;g77#a77;,b7 was executed4 ,the presumption in either case may be rebutted only by the defendant establishing1 by clear1 convincing1 and unequivocal evidence1 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 naturalization4 ,where the defendant produces evidence sufficient to rebut the presumption1 the burden of persuasion on the ultimate question of illegal procurement shall return to the ,government1 which must then establish such procurement by clear1 convincing1 and unequivocal evidence4 7#d7 ,procedures 7,a7 ,proceedings under this subsection shall be brought by the ,attorney ,general1 acting through the ,department of ,justice1 in a civil action filed in the ,united ,states district court for the district in which the person resides or is found4 7,b7 ,except where a presumption is established under paragraph 7#c71 the ,government shall bear the burden of establishing the grounds for revocation by clear1 convincing1 and unequivocal evidence4 7,c7 ,revocation of naturalization under this subsection shall take effect on the date of the final order of the court revoking naturalization4 7,d7 ,upon entry of a final order revoking naturalization under this subsection1 the ,secretary of ,homeland ,security shall initiate removal proceedings pursuant to section #bdj of this ,act4 ,the ,united ,states attorney for the district in which a covered conviction is obtained shall notify the ,secretary of ,homeland ,security not later than #cj days after the date on which such conviction becomes final4 7,e7 ,the ,attorney ,general may initiate proceedings under this subsection based on evidence of conduct described in paragraph 7#b77;,c7 absent a final criminal conviction only where-- 7i7 a federal grand jury has returned an indictment for conduct described in paragraph 7#b77;,a71 or a federal court has made a judicial finding of probable cause for such conduct2 7ii7 the person has been provided notice and a meaningful opportunity to be heard before a neutral adjudicator2 7iii7 the ,government establishes its case by clear1 convincing1 and unequivocal evidence2 7iv7 the civil proceeding is stayed if criminal proceedings on the same conduct are pending1 unless the person consents to simultaneous proceedings2 and 7v7 where the evidence supporting the proceedings includes classified information1 the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 may file a classified certification with the reviewing court attesting that-- 7,i7 the classified information has been reviewed by the court in camera and ex parte2 7,,ii7 disclosure of such information would cause identifiable harm to national security2 and 7,,iii7 the classified information1 considered together with any unclassified evidence1 establishes the evidentiary standard required under subparagraph 7,b72 provided that the person is afforded a meaningful opportunity to contest the unclassified portions of the government's case and to submit rebuttal evidence4 7#e7 ,statelessness and removal authority 7,a7 ,if revocation of naturalization under this subsection would render the person stateless and removal cannot be effectuated1 the person shall be detained in accordance with section #bda of this ,act 7#h ,u4,s4,c4 #abca7 until removal becomes practicable4 7,b7 ,notwithstanding subparagraph 7,a71 where revocation is based on terrorism-related conduct under this subsection1 the ,attorney ,general may seek continued detention beyond the presumptive removal period by filing a certification with the reviewing district court that-- 7i7 removal to any available country is actively being pursued2 7ii7 the person has been individually assessed and determined to pose a specific1 articulable threat to national security or public safety2 and 7iii7 detention is reviewed by the court no less frequently than every #ahj days4 ,such certification shall not authorize permanent indefinite detention absent continued judicial authorization4 7#f7 ,applicability to prior naturalizations ,with respect to any person naturalized prior to the effective date of the attestation requirement under section #caf7;g71 a conviction for a covered offense shall constitute independent grounds for the institution of denaturalization proceedings under section #cdj7;a71 on the basis that such conviction constitutes evidence that naturalization was procured by concealment of a material fact1 to the extent that the person failed to disclose prior convictions1 pending charges1 or intent to engage in conduct constituting a covered offense at the time of the naturalization application or oath of allegiance4 7#g7 ,no time limitation ,there shall be no statute of limitations for proceedings under this subsection4 4 #d4 ,deportability of denaturalized persons ,section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77 is amended by adding at the end the following3 7#i7 ,aliens denaturalized under section #cdj ,any alien whose naturalization has been revoked pursuant to section #cdj shall be deportable and subject to removal proceedings under this title4 4 #e4 ,inadmissibility for covered terrorism convictions ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,k7 ,federal terrorism convictions ,any alien who has been convicted of a covered offense1 as that term is defined in section #caf7;g77#d7 of this ,act1 is inadmissible4 4 #f4 ,revocation of immigration benefits and status 7a7 ,in general ,subject to judicial review1 any alien who has been convicted of a covered offense1 as that term is defined in section #caf7;g77#d7 of the ,immigration and ,nationality ,act1 shall be-- 7#a7 rendered ineligible for any immigration benefit under the immigration laws1 including-- 7,a7 adjustment of status under section #bde of such ,act2 7,b7 any form of relief from removal1 including cancellation of removal1 voluntary departure1 and asylum2 7,c7 any classification as a nonimmigrant under section #aja7;a77#ae7 of such ,act2 7,d7 temporary protected status under section #bdd of such ,act2 7,e7 deferred action1 parole1 or any other discretionary grant of permission to remain in the ,united ,states2 and 7,f7 naturalization under title ,,iii of such ,act2 7#b7 subject to removal proceedings under section #bdj of the ,immigration and ,nationality ,act2 and 7#c7 subject to detention during such proceedings pursuant to section #bcf7;c7 of such ,act1 subject to judicial review as provided under existing law4 7b7 ,revocation of existing benefits ,any immigration benefit or status previously granted to an alien described in subsection 7a71 including lawful permanent resident status1 any nonimmigrant status1 temporary protected status1 deferred action1 or parole1 shall be revoked upon entry of a final order of removal or denaturalization1 subject to judicial review4 7c7 ,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 #e of this ,act4 #g4 ,permanent bar to admission ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 7as amended by this ,act7 is further amended by adding at the end the following3 7,l7 ,permanent bar for certain terrorist offenders ,any person whose naturalization is revoked under section #cdj or who has previously been ordered removed for conviction for a covered offense1 as that term is defined in section #caf7;g77#d7 of this ,act1 is inadmissible 7including any person inadmissible under subparagraph 7,k774 ,no waiver of inadmissibility under any provision of this ,act or any other provision of law shall be available to such alien4 4 #h4 ,conforming amendment ,section #cdj7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7;f77 is amended by adding at the end the following3 ,on entry of a final order of revocation under this subsection1 the court shall revoke and set aside the citizenship order and cancel the certificate of naturalization44 #i4 ,rule of construction ,nothing in this ,act shall be construed to-- 7#a7 create any new basis for denaturalization other than through the existing authority under section #cdj7;a7 of the ,immigration and ,nationality ,act1 as supplemented by the presumptions established in section #cdj7;f7 of such ,act1 as added by this ,act2 7#b7 limit the authority of the ,united ,states to institute proceedings under section #cdj7;a7 of such ,act on any other basis1 including illegal procurement1 concealment of a material fact1 or willful misrepresentation unrelated to the attestation required under section #caf7;g7 of such ,act2 7#c7 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 law2 or 7#d7 authorize the denaturalization of any person who is a citizen of the ,united ,states by birth4 #aj4 ,severability ,if any provision of this ,act1 or the application of any provision to any person or circumstance1 is held invalid1 the remainder of this ,act and the application of its provisions shall not be affected4 #aa4 ,effective date 7a7 ,in general ,this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,attestation requirement ,the attestation requirement under section #caf7;g7 of the ,immigration and ,nationality ,act1 as added by section #b of this ,act1 shall apply to all applications for naturalization filed on or after the date that is #ahj days after the date of enactment of this ,act4 7c7 ,inadmissibility1 deportability1 and benefit revocation ,the amendments made by sections #e and #f of this ,act shall apply to any conviction entered on or after the date of enactment of this ,act1 regardless of when the underlying conduct occurred4