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Code · BILL · 115th Congress · H.R. 5065 (Introduced in House) — To amend the Immigration and Nationality Act to provide that individuals who naturalized under title III of that Act,... · Sec. 5

Sec. 5. Denaturalization of criminal gang members and supporters

296 words·~1 min read·/bill/115/hr/5065/ih/section-5

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Section 340 of the Immigration and Nationality Act ( 8 U.S.C. 1451 ) is amended by striking subsection
(c)and inserting the following language— If a person who shall have been naturalized after December 24, 1952, shall within 10 years following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of section 313, it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. The phrase any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization shall be deemed to include an alien who— is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal gang; or is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal street gang as defined in section 520 of title 18 of the United States Code. .
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Sec. 5
Denaturalization of criminal gang members and supporters
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