H.R. 8341

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8341 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8341

To amend the Immigration and Nationality Act to require an attestation 
disavowing terrorist intent prior to naturalization of any alien.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 16, 2026

Mr. Moore of West Virginia (for himself, Mr. Gill of Texas, Mr. Fine, 
Mr. Hunt, Ms. Mace, Mr. Ogles, Mr. Moore of Alabama, Mr. Crane, and Mr. 
Carter of Georgia) introduced the following bill; 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 alien.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Denaturalization and Expulsion of 
Persons who Orchestrate Radical Terrorism Act of 2026'' or as the 
``DEPORT Act of 2026''.

SEC. 2. TERRORISM ATTESTATION REQUIREMENT FOR NATURALIZATION.

Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) 
is amended by adding at the end the following:
``(g) Terrorism Attestation.--
``(1) In general.--As a condition of naturalization, each 
applicant shall execute under oath and under penalty of perjury 
a written attestation, on such form as the Secretary of 
Homeland Security shall prescribe, that the applicant--
``(A) has not been convicted of, or had charges 
pending for, any covered offense, as defined in 
paragraph (4), at the time of the naturalization 
application or oath of allegiance; and
``(B) does not, at the time of naturalization, 
possess an intent to commit any covered offense in the 
future.
``(2) Form requirement.--Not later than 180 days after the 
date of enactment of this subsection, the Secretary of Homeland 
Security shall revise the application for naturalization (Form 
N-400, or any successor form) to include the attestation 
required under paragraph (1), with each covered offense listed 
individually, requiring the applicant to separately affirm 
compliance as to each such offense.
``(3) Oath requirement.--The oath of allegiance 
administered under section 337 shall include an express 
renunciation of any intent to engage in any covered offense 
against the United States or its people.
``(4) Covered offenses defined.--For purposes of this 
subsection and section 340(f), the term `covered offense' means 
any of the following:
``(A) Any Federal crime of terrorism, as defined in 
section 2332b(g)(5) of title 18, United States Code.
``(B) Any offense under section 2339A of title 18, 
United States Code (relating to providing material 
support to terrorists).
``(C) Any offense under section 2339B of title 18, 
United States Code (relating to providing material 
support or resources to designated foreign terrorist 
organizations).
``(D) Any offense under section 2339C of title 18, 
United States Code (relating to financing of 
terrorism).
``(E) Any offense under section 2339D of title 18, 
United States Code (relating to receiving military-type 
training from a foreign terrorist organization).
``(F) Any offense under section 2332a of title 18, 
United States Code (relating to use of weapons of mass 
destruction).
``(G) Any offense under sections 175, 175c, or 178 
of title 18, United States Code (relating to biological 
weapons).
``(H) Any offense under section 229 of title 18, 
United States Code (relating to chemical weapons).
``(I) Any offense under section 831 of title 18, 
United States Code (relating to prohibited transactions 
involving nuclear materials).
``(J) Any offense under section 32 of title 18, 
United States Code (relating to destruction of aircraft 
or aircraft facilities).
``(K) Any offense under section 37 of title 18, 
United States Code (relating to violence at 
international airports).
``(L) Any offense under section 1203 of title 18, 
United States Code (relating to hostage taking).
``(M) Any offense under section 2280 or 2281 of 
title 18, United States Code (relating to violence 
against maritime navigation or maritime fixed 
platforms).
``(N) Any offense under section 2332 of title 18, 
United States Code (relating to criminal penalties 
involving the killing of United States nationals 
abroad).
``(O) Any offense under section 2332b of title 18, 
United States Code (relating to acts of terrorism 
transcending national boundaries).
``(P) Any offense under section 2332f of title 18, 
United States Code (relating to bombings of places of 
public use, government facilities, public 
transportation systems, and infrastructure facilities).
``(Q) Any offense under section 2332g or 2332h of 
title 18, United States Code (relating to missile 
systems designed to destroy aircraft and radiological 
dispersal devices).
``(R) Any offense under section 2332i of title 18, 
United States Code (relating to acts of nuclear 
terrorism).
``(S) Any offense under section 2384 of title 18, 
United States Code (relating to seditious conspiracy).
``(T) Any offense under section 1992 of title 18, 
United States Code (relating to terrorist attacks and 
other violence against railroad carriers and against 
mass transportation systems on land, on water, or 
through the air).
``(U) Any offense under section 2283 or 2284 of 
title 18, United States Code (relating to 
transportation of explosives, destructive devices, and 
biological, chemical, nuclear, or radiological weapons, 
or transportation of terrorists).
``(V) Any conspiracy to commit, or attempt to 
commit, any of the offenses described in subparagraphs 
(A) through (U).''.

SEC. 3. TERRORISM CONVICTIONS AND CONDUCT AS EVIDENCE OF ILLEGAL 
PROCUREMENT OF NATURALIZATION.

Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) 
is amended--
(1) 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
(2) by adding at the end the following:
``(i) Terrorism-Related Conduct as Evidence of Illegal 
Procurement.--
``(1) 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 
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--
``(A) 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
``(B) 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.
``(2) Covered offenses and conduct.--The convictions, 
findings, admissions, or evidence described in this paragraph 
are--
``(A) 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;
``(B) 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--
``(i) knew or reasonably should have known 
of the organization's designation or terrorist 
character at the time of membership or support;
``(ii) actively participated in or 
materially contributed to the organization's 
activities, finances, recruitment, or 
operations; and
``(iii) did not take affirmative steps to 
disassociate upon learning of the 
organization's terrorist character; or
``(C) 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.
``(3) Presumption of illegal procurement based on 
attestation.--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--
``(A) 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
``(B) 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.
``(4) Procedures.--
``(A) 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.
``(B) 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.
``(C) Revocation of naturalization under this 
subsection shall take effect on the date of the final 
order of the court revoking naturalization.
``(D) 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.
``(E) 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--
``(i) 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;
``(ii) the person has been provided notice 
and a meaningful opportunity to be heard before 
a neutral adjudicator;
``(iii) the Government establishes its case 
by clear, convincing, and unequivocal evidence;
``(iv) the civil proceeding is stayed if 
criminal proceedings on the same conduct are 
pending, unless the person consents to 
simultaneous proceedings; and
``(v) 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--
``(I) the classified information 
has been reviewed by the court in 
camera and ex parte;
``(II) disclosure of such 
information would cause identifiable 
harm to national security; and
``(III) 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.
``(5) Statelessness and removal authority.--
``(A) 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.
``(B) 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--
``(i) removal to any available country is 
actively being pursued;
``(ii) the person has been individually 
assessed and determined to pose a specific, 
articulable threat to national security or 
public safety; and
``(iii) 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.
``(6) Applicability to prior naturalizations.--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.
``(7) No time limitation.--There shall be no statute of 
limitations for proceedings under this subsection.''.

SEC. 4. DEPORTABILITY OF DENATURALIZED PERSONS.

Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended by adding at the end the following:
``(9) Aliens denaturalized under section 340.--Any alien 
whose naturalization has been revoked pursuant to section 340 
shall be deportable and subject to removal proceedings under 
this title.''.

SEC. 5. INADMISSIBILITY FOR COVERED TERRORISM CONVICTIONS.

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following:
``(K) Federal terrorism convictions.--Any alien who 
has been convicted of a covered offense, as that term 
is defined in section 316(g)(4) of this Act, is 
inadmissible.''.

SEC. 6. REVOCATION OF IMMIGRATION BENEFITS AND STATUS.

(a) In General.--Subject to judicial review, any alien who has been 
convicted of a covered offense, as that term is defined in section 
316(g)(4) of the Immigration and Nationality Act, shall be--
(1) rendered ineligible for any immigration benefit under 
the immigration laws, including--
(A) adjustment of status under section 245 of such 
Act;
(B) any form of relief from removal, including 
cancellation of removal, voluntary departure, and 
asylum;
(C) any classification as a nonimmigrant under 
section 101(a)(15) of such Act;
(D) temporary protected status under section 244 of 
such Act;
(E) deferred action, parole, or any other 
discretionary grant of permission to remain in the 
United States; and
(F) naturalization under title III of such Act;
(2) subject to removal proceedings under section 240 of the 
Immigration and Nationality Act; and
(3) subject to detention during such proceedings pursuant 
to section 236(c) of such Act, subject to judicial review as 
provided under existing law.
(b) Revocation of Existing Benefits.--Any immigration benefit or 
status previously granted to an alien described in subsection (a), 
including lawful permanent resident status, any nonimmigrant status, 
temporary protected status, deferred action, or parole, shall be 
revoked upon entry of a final order of removal or denaturalization, 
subject to judicial review.
(c) 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 
5 of this Act.

SEC. 7. PERMANENT BAR TO ADMISSION.

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) (as amended by this Act) is further amended by adding at 
the end the following:
``(L) Permanent bar for certain terrorist 
offenders.--Any person whose naturalization is revoked 
under section 340 or who has previously been ordered 
removed for conviction for a covered offense, as that 
term is defined in section 316(g)(4) of this Act, is 
inadmissible (including any person inadmissible under 
subparagraph (K)). No waiver of inadmissibility under 
any provision of this Act or any other provision of law 
shall be available to such alien.''.

SEC. 8. CONFORMING AMENDMENT.

Section 340(f) of the Immigration and Nationality Act (8 U.S.C. 
1451(f)) is amended by adding at the end the following: ``On entry of a 
final order of revocation under this subsection, the court shall revoke 
and set aside the citizenship order and cancel the certificate of 
naturalization.''.

SEC. 9. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to--
(1) create any new basis for denaturalization other than 
through the existing authority under section 340(a) of the 
Immigration and Nationality Act, as supplemented by the 
presumptions established in section 340(f) of such Act, as 
added by this Act;
(2) limit the authority of the United States to institute 
proceedings under section 340(a) of such Act on any other 
basis, including illegal procurement, concealment of a material 
fact, or willful misrepresentation unrelated to the attestation 
required under section 316(g) of such Act;
(3) 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 law; or
(4) authorize the denaturalization of any person who is a 
citizen of the United States by birth.

SEC. 10. SEVERABILITY.

If any provision of this Act, or the application of any provision 
to any person or circumstance, is held invalid, the remainder of this 
Act and the application of its provisions shall not be affected.

SEC. 11. EFFECTIVE DATE.

(a) In General.--This Act and the amendments made by this Act shall 
take effect on the date of enactment of this Act.
(b) Attestation Requirement.--The attestation requirement under 
section 316(g) of the Immigration and Nationality Act, as added by 
section 2 of this Act, shall apply to all applications for 
naturalization filed on or after the date that is 180 days after the 
date of enactment of this Act.
(c) Inadmissibility, Deportability, and Benefit Revocation.--The 
amendments made by sections 5 and 6 of this Act shall apply to any 
conviction entered on or after the date of enactment of this Act, 
regardless of when the underlying conduct occurred.
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