Sec. 4. Expanding and clarifying denaturalization for individuals who lack good moral character and an attachment to the Constitution of the United States and are not well disposed to the good order and happiness of the United States
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Section 340 of the Immigration and Nationality Act ( 8 U.S.C. 1451 ) is amended— in subsection (a), by inserting the Attorney General or after It shall be the duty of ; by redesignating subsections (d), (e), (f), (g), and
(h)as subsections (i), (j), (k), (l), and (m), respectively; and by inserting after subsection
(c)the following: If a person, during the 10-year period beginning on the date on which he or she was naturalized under this chapter, associates with, conspires with, aids, or abets any foreign terrorist organization (as designated under section 219(a)), such action shall be considered prima facie and sufficient evidence that— such person, at the time of his or her naturalization— was not a person of good moral character; 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; the order admitting such person to citizenship— was obtained by concealment of a material fact or by willful misrepresentation; and shall be revoked and set aside, along with the cancellation of his or her certificate of naturalization; and such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate, respectively. If a person who has been naturalized under this chapter is convicted of, admits to having committed, or admits to committing acts constituting the essential elements of, an offense involving fraud, an attempt to defraud, or conspiracy to defraud the Federal Government, a State government, a local government, or a tribal government (such as defrauding the United States Government of a Federal public benefit (as defined in section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) ) or defrauding a State or local government of a State or local public benefit (as defined in section 411(c) of such Act ( 8 U.S.C. 1621(c) )), of at least $10,000, and any act or acts leading to such conviction or admission began or occurred during the 10-year period beginning on the date of his or her naturalization, such conviction or admission shall be considered prima facie and sufficient evidence that— such person, at the time of his or her naturalization— was not a person of good moral character; 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; the order admitting such person to citizenship— was obtained by concealment of a material fact or by willful misrepresentation; and shall be revoked and set aside, along with the cancellation of his or her certificate of naturalization; and such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate, respectively. If a person who has been naturalized under this chapter is convicted of, admits to having committed, or admits to committing acts constituting the essential elements of, an aggravated felony or espionage offense (including any offense described in section 792, 793, 794, 795, 796, 797, 798, 951, 1030(a)(1), 1831, 1832, 2152, 2153, 2154, 2155, or 2156 of title 18, United States Code; or an offense described in section 783 or 3121 of title 50, United States Code), and any act or acts leading to such conviction or admission began or occurred during the 10-year period beginning on the date on which he or she was naturalized, such conviction or admission shall be considered prima facie and sufficient evidence that— such person, at the time of his or her naturalization— was not a person of good moral character; 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; the order admitting such person to citizenship— was obtained by concealment of a material fact or by willful misrepresentation; and shall be revoked and set aside, along with the cancellation of his or her certificate of naturalization; and such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate, respectively. If the 10-year period set forth in subsection (d), (e), or
(f)is held to be unconstitutional or constitutionally insufficient by final judicial decision, for purposes of interpreting this Act— such 10-year period shall be deemed to be a 5-year period, consistent with the published judicial opinion in Luria v. United States, 231 U.S. 27 (1913); and every court of the United States shall construe such period to be 5 years. The revocation and setting aside of a person’s admission order and cancellation of the person’s certificate of naturalization under this section shall be effective as of the original date of such order and certificate, respectively. Such denaturalization shall have retroactive effect, and the certificate of naturalization shall be treated as void from the date on which it was issued. Any person whose certificate of naturalization is cancelled under this section shall be removable pursuant to expedited proceedings described in section 238, regardless of— the person’s immigration status after denaturalization; and the time that has elapsed since the date on which such person was naturalized. .
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- 231 U.S. 27
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Sec. 4
Expanding and clarifying denaturalization for individuals who lack good moral character and an attachment to the Constitution of the United States and are not well disposed to the good order and happiness of the United States
SCOTUS231 U.S. 27
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