Sec. 3. Terrorism convictions and conduct as evidence of illegal procurement of naturalization
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Section 340 of the Immigration and Nationality Act ( 8 U.S.C. 1451 ) is amended— 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 by adding at the end the following: 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— 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 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. The convictions, findings, admissions, or evidence described in this paragraph are— 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; 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— knew or reasonably should have known of the organization’s designation or terrorist character at the time of membership or support; actively participated in or materially contributed to the organization’s activities, finances, recruitment, or operations; and did not take affirmative steps to disassociate upon learning of the organization’s terrorist character; or 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. 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— 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 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. 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. 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. Revocation of naturalization under this subsection shall take effect on the date of the final order of the court revoking naturalization. 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. 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— 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; the person has been provided notice and a meaningful opportunity to be heard before a neutral adjudicator; the Government establishes its case by clear, convincing, and unequivocal evidence; the civil proceeding is stayed if criminal proceedings on the same conduct are pending, unless the person consents to simultaneous proceedings; and 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— the classified information has been reviewed by the court in camera and ex parte; disclosure of such information would cause identifiable harm to national security; and 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. 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. 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— removal to any available country is actively being pursued; the person has been individually assessed and determined to pose a specific, articulable threat to national security or public safety; and 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. 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. There shall be no statute of limitations for proceedings under this subsection. .
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Sec. 3
Terrorism convictions and conduct as evidence of illegal procurement of naturalization
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