Sec. 6. Denaturalization of criminal gang members and supporters
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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; 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; or has been convicted of or has admitted committing the essential elements of the following offenses— a felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); has engaged in conduct punishable under section 274, 277, or 278; committed a crime of violence (as defined in section 16 of title 18, United States Code); committed a crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary; engaged in conduct punishable under section 1028 or 1029, and sections 1541 through 1546 of title 18 of the United States Code; engaged in conduct punishable under sections 1581 through 1594 of title 18 of the United States Code; or engaged in conduct punishable under sections 1951, 1952, 1956, and 1957 of title 18 of the United States Code; engaged in conduct punishable under sections 2312 through 2315 of title 18 of the United States Code; or attempted to engage in an offense described in clauses
(i)through
(viii)above, or engaged in conduct punishable under sections 2 through 4, and sections 371 through 373 of title 18 of the United States Code in furtherance of such an offense. An alien shall be deemed to have admitted the essential elements of an offense within the meaning of paragraph (2)(C) upon an oral or written statement to such effect, or upon a conviction or formal finding by a competent Federal, State or local court, tribunal or military proceeding that said person has engaged in unlawful conduct whose essential elements include those that would be required for conviction of a disqualifying offense. .
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