American Citizens First Act

Bill Number

S. 3318

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-12-03: Read twice and referred to the Committee on Finance.

Last Updated

2026-01-07T17:35:29Z

AI-Generated Summary

Purpose of the Legislation

The "American Citizens First Act" (S. 3318) aims to prioritize U.S. citizens by restricting federal benefits and immigration protections for noncitizens, enhancing removal processes for those deemed security risks, and imposing stricter reviews on certain immigrant groups. It seeks to limit access to public resources and expedite the removal of individuals perceived as threats to national security or public order.

Key Provisions

• Termination of Federal Benefits for Noncitizens (Section 2): Prohibits non-U.S. citizens or nationals from receiving most federal public benefits, including welfare cash assistance, Medicaid (except emergency services), food stamps (SNAP), federal housing aid, student financial aid, and refundable tax credits.
• Denaturalization for Undermining Domestic Tranquility (Section 3): Allows the revocation of citizenship for naturalized U.S. citizens convicted of or credibly accused by the Department of Homeland Security (DHS) of participating in riots, violent or destructive protests, or acts aimed at disrupting the U.S. constitutional system. Such individuals can then face expedited removal (a fast-track deportation process) without time limits since naturalization.
• Expansion of Expedited Removal (Section 4): Broadens expedited removal to apply to any noncitizen present in the U.S. without formal admission or parole, regardless of how long they have been in the country. DHS must apply this process as much as possible, with exceptions limited to upheld claims of credible fear of persecution (a screening for asylum eligibility).
• Mandatory Security Review for Afghan Nationals (Section 5): Requires DHS to perform thorough security checks, including re-interviews and biometric (fingerprint and facial recognition) screenings, on all Afghan nationals admitted as refugees, special immigrant visa holders, or paroled into the U.S. since January 20, 2021. New applications for Afghan refugees or special immigrants are suspended, and federal funding for their resettlement is halted until DHS certifies completion to Congress. Those identified as security or public safety risks face expedited removal.
• Automatic Termination of Temporary Protected Status (TPS) (Section 6): TPS (a temporary shield from deportation for nationals of countries facing crises like war or disasters) ends automatically if DHS finds the country's conditions no longer justify it or if the crime rate among its nationals exceeds the U.S. national average by 20% or more. DHS must calculate and report these crime rates (including civil offenses, traffic violations, misdemeanors, and felonies) semiannually. This applies retroactively to TPS designations for Afghanistan, Haiti, Venezuela, and Somalia made after January 20, 2021.

Significant Changes to Existing Law

• Amends the Immigration and Nationality Act (INA) to expand denaturalization grounds beyond traditional fraud or concealment, introducing "undermining domestic tranquility" as a new basis tied to civil unrest or anti-government acts.
• Removes time limits on expedited removal, previously limited to recent arrivals (within two years), making it applicable indefinitely to unauthorized entrants.
• Introduces mandatory, comprehensive vetting for specific groups (e.g., recent Afghan arrivals) and automatic TPS termination triggers based on crime statistics, which were not previously required. It also overrides prior benefit eligibility rules under the 1996 welfare reform law by explicitly barring noncitizens from listed programs.

Potential Impacts

• On Government Agencies: DHS faces increased workload for reviews, removals, and reporting, potentially straining resources and requiring new processes for crime data analysis. Congress receives regular certifications and reports, influencing oversight.
• On Citizens: U.S. citizens may see reduced competition for federal benefits and aid, potentially freeing up resources, but naturalized citizens could face heightened scrutiny for political activities.
• On Noncitizens: Millions of immigrants, including TPS holders (estimated over 700,000 from listed countries) and Afghan evacuees (over 100,000 since 2021), risk loss of benefits, status, or deportation, leading to economic hardship and family separations.
• On International Relations: Could strain ties with countries like Afghanistan, Haiti, Venezuela, and Somalia by suspending resettlement and implying distrust in their nationals, potentially complicating U.S. humanitarian efforts or diplomatic negotiations.

Main Stakeholders Affected

• Noncitizens and Immigrants: Undocumented individuals, TPS beneficiaries, Afghan refugees/special immigrants, and naturalized citizens involved in protests face benefit cuts, status revocation, or removal.
• U.S. Citizens and Taxpayers: Benefit indirectly through prioritized resource allocation but may encounter broader societal effects from increased enforcement.
• Federal Agencies: Primarily DHS (for enforcement and reviews) and agencies administering benefits (e.g., Health and Human Services for Medicaid, Agriculture for SNAP).
• Advocacy Groups and Communities: Immigrant rights organizations, Afghan-American communities, and legal aid providers may need to support affected individuals.
• Congress: Gains new reporting requirements to monitor implementation.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Expands administrative powers for denaturalization and removal, potentially leading to lawsuits over due process (fair hearing rights) and evidence standards for "credible findings" of misconduct. Retroactive applications could challenge statutes of limitations.
• Constitutional Implications: Raises questions under the 14th Amendment, which protects citizenship from arbitrary revocation, and the 5th/14th Amendments' equal protection clause, as the bill differentiates based on nationality or post-naturalization behavior. Broad crime rate inclusions (e.g., traffic violations) might be seen as overreach in defining "risk."
• Political Implications: Reflects debates on immigration enforcement versus humanitarian protections, likely sparking partisan divides in Congress. If enacted, it could set precedents for tying immigration policy to domestic crime data or civil unrest, influencing future reforms.

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

Sponsor

Sen. Cotton, Tom [R-AR]

Recent Actions

• 2025-12-03: Read twice and referred to the Committee on Finance.
• 2025-12-03: Introduced in Senate

Bill Versions

• American Citizens First Act — issued 2025-12-03 — PDF (7 pages)