DEPORT Act of 2026

Bill Number

H.R. 8341

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-04-16: Referred to the House Committee on the Judiciary.

Last Updated

2026-06-09T08:06:50Z

AI-Generated Summary

Purpose

This bill, titled the "Denaturalization and Expulsion of Persons who Orchestrate Radical Terrorism Act of 2026" (DEPORT Act of 2026), aims to strengthen U.S. naturalization rules by requiring applicants to swear they have no involvement in terrorism-related crimes and no future intent to commit them. It also makes it easier to revoke citizenship (denaturalization) and deport people who later engage in such activities or lied during the process.

Key Provisions

• Terrorism Attestation for Naturalization (amends INA Section 316):
• Applicants must sign a sworn statement (under penalty of perjury) on Form N-400 (or successor) confirming no past convictions/charges for "covered offenses" and no intent to commit them in the future.
• The oath of allegiance must explicitly renounce intent to commit covered offenses.
• DHS must update the form within 180 days of enactment.
• Covered offenses include federal crimes like terrorism, providing material support to terrorists, use of weapons of mass destruction, seditious conspiracy, and related conspiracies/attempts (listed in 18 U.S.C. sections).

• Easier Denaturalization (amends INA Section 340):
• Post-naturalization terrorism convictions, membership/support for terrorist groups, or evidence of terrorist acts (within 10 years; fallback to 7 or 5 years if challenged as unconstitutional) serve as prima facie evidence (initial proof that shifts burden to the person to disprove) of illegal procurement of citizenship.
• A later conviction creates a rebuttable presumption (assumption that can be challenged with strong evidence) that the attestation was false.
• No time limit for starting denaturalization cases.
• Proceedings by DOJ in federal court; government proves case with "clear, convincing, and unequivocal evidence" unless presumption applies.
• Handles classified info, stays if criminal case pending, and allows detention if removal impossible (with court review).

• Deportability and Inadmissibility (amends INA Sections 237, 212):
• Denaturalized persons are automatically deportable.
• Conviction for covered offense makes someone inadmissible to the U.S. and ineligible for any immigration benefits (e.g., green cards, asylum, TPS, parole).

• Revocation of Benefits (new Section 6):
• Automatic loss of existing immigration statuses/benefits upon conviction; no waivers available.
• Triggers removal proceedings and detention.

• Permanent Bar (amends INA Section 212):
• Denaturalized persons or those removed for covered offenses are permanently barred from U.S. entry; no waivers.

• Other:
• Applies to prior naturalizations for undisclosed terrorism issues.
• Rule of construction preserves existing denaturalization powers; does not affect birthright citizens.
• Severability clause (invalid parts don't void the whole); effective on enactment, with attestation starting 180 days later.

Significant Changes to Existing Law

• Introduces mandatory terrorism-specific attestation and oath language, absent before.
• Creates presumptions and prima facie evidence for denaturalization based on post-citizenship conduct, shifting/reversing proof burdens.
• Eliminates waivers and time limits for terrorism-related immigration penalties.
• Explicitly makes denaturalized aliens deportable and adds permanent inadmissibility bars.
• Allows civil denaturalization without criminal conviction in limited cases (e.g., with grand jury indictment or probable cause finding).

Potential Impacts

• Government Agencies: Increased workload for DHS (USCIS form updates, removal proceedings), DOJ (civil cases, notifications), and courts (reviews, classified info handling). Faster processing of high-risk cases.
• Citizens and Immigrants: Naturalization applicants face stricter screening; naturalized citizens risk citizenship loss and deportation for terrorism involvement, even years later. Could deter applicants with any terrorism ties.
• National Security/Public Safety: Enhances tools to identify and remove terrorism risks from citizenship and immigration system.
• International Relations: May strain ties with countries refusing return of deportees, leading to detention issues.

Main Stakeholders Affected

• Naturalization applicants and naturalized citizens (especially immigrants from high-risk areas).
• DHS, DOJ, and USCIS (implementation and enforcement).
• Federal courts (handling denaturalization and reviews).
• Persons convicted of or involved in terrorism (covered offenses).
• U.S. taxpayers (costs of proceedings, detention).

Notable Legal, Constitutional, or Political Implications

• Legal: High evidentiary standards ("clear, convincing, and unequivocal") protect due process, but presumptions may face challenges for fairness. Procedures for classified evidence and non-criminal cases aim to balance security and rights.
• Constitutional: Potential disputes over retroactivity (applying to past naturalizations), statelessness/detention (with safeguards like reviews), and proof burdens (e.g., 10-year window fallbacks address ex post facto concerns).
• Political: Reinforces tough-on-terrorism immigration policy without new denaturalization grounds, focusing on existing INA authority. No impact on birthright citizenship.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Moore, Riley M. [R-WV-2]

Cosponsors (15)

Rep. Gill, Brandon [R-TX-26], Rep. Fine, Randy [R-FL-6], Rep. Hunt, Wesley [R-TX-38], Rep. Mace, Nancy [R-SC-1], Rep. Ogles, Andrew [R-TN-5], Rep. Moore, Barry [R-AL-1], Rep. Crane, Elijah [R-AZ-2], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Babin, Brian [R-TX-36], Rep. Burlison, Eric [R-MO-7], Rep. Brecheen, Josh [R-OK-2], Rep. Steube, W. Gregory [R-FL-17], Rep. Fuller, Clay [R-GA-14], Rep. Pfluger, August [R-TX-11], Rep. Luna, Anna Paulina [R-FL-13]

Recent Actions

• 2026-04-16: Referred to the House Committee on the Judiciary.
• 2026-04-16: Introduced in House
• 2026-04-16: Introduced in House

Bill Versions

• Denaturalization and Expulsion of Persons who Orchestrate Radical Terrorism Act of 2026 — issued 2026-04-16 — PDF (20 pages)