DEPORT Act of 2026

Increased Security in the Naturalization Process: Applicants must now execute a written attestation under oath and under penalty of perjury regarding their history and intent regarding covered offenses (Section 2).

Enhanced Accountability for Naturalized Citizens: The bill creates a legal mechanism where a subsequent conviction for a covered offense creates a rebuttable presumption that the original naturalization attestation was false or that the person lacked genuine intent to comply (Section 3).

Strengthened National Security through Inadmissibility: The act establishes that any alien convicted of a covered offense is inadmissible to the United States (Section 5).

Removal of Immigration Benefits for High-Risk Individuals: Individuals convicted of covered offenses will be rendered ineligible for various immigration benefits, including adjustment of status, asylum, and temporary protected status (Section 6).

Burdensome Naturalization Requirements: The Secretary of Homeland Security must revise the Form N-400 to include a requirement where the applicant must separately affirm compliance for every individually listed covered offense (Section 2).

Increased Risk of Denaturalization for Prior Citizens: For those naturalized before this act, a conviction for a covered offense within a specific timeframe (10 years, or potentially 7 or 5 years depending on judicial determination) constitutes prima facie evidence that their citizenship was illegally procured (Section 3).

Strict Legal Standards for Rebutting Presumptions: To fight a presumption of illegal procurement, a defendant must provide "clear, convincing, and unequivocal evidence" that their original attestation was truthful (Section 3).

Extended Detention for Stateless Individuals: If revoking a person's naturalization would make them stateless and they cannot be removed, they may be detained until removal becomes practicable (Section 3).

Expanded Detention Authority: The Attorney General may seek continued detention beyond the presumptive removal period if the person is determined to pose a specific threat to national security or public safety (Section 3).

Loss of Legal Recourse via Waivers: The bill specifies that no waiver under any provision of the Immigration and Nationality Act shall be available for the grounds of inadmissibility or deportability created by this act (Section 6 and Section 7).