Bill Summary
The "Fraud Accountability Act" is legislation designed to enhance the enforcement of immigration laws concerning fraud-related offenses. It introduces several key provisions:
1. **Deportable Offenses**: The Act amends the Immigration and Nationality Act to classify any alien (non-citizen) convicted of fraud against private individuals, corporations, or government entities as deportable, regardless of the fraud amount.
2. **Mandatory Detention**: It mandates that aliens convicted of fraud, along with other specified offenses, be detained.
3. **Denaturalization**: The Act grants courts the authority to revoke the citizenship of naturalized citizens convicted of fraud-related crimes. Upon conviction, the court must declare the citizenship void and cancel the naturalization certificate.
4. **Effective Date**: The provisions of the Act take effect immediately upon enactment, and the denaturalization provisions apply to fraud committed after September 30, 1996, as long as the individual was not previously charged or arrested for those actions.
Overall, the Act aims to tighten immigration controls by making fraud a clear basis for deportation and revocation of citizenship.
Possible Impacts
The "Fraud Accountability Act" as outlined can have various implications for different groups of people. Here are three examples of how this legislation could affect individuals:
1. **Naturalized Citizens Convicted of Fraud**: For naturalized citizens who are convicted of fraud, this legislation would lead to automatic denaturalization. This means that individuals who may have built their lives in the U.S. and contributed to society could face deportation and loss of their citizenship based solely on a conviction for a fraud-related crime. This could disrupt families, affect employment, and create a climate of fear among immigrant communities regarding legal consequences for their actions.
2. **Aliens Convicted of Fraud**: For non-citizens (aliens) convicted of fraud, the bill expands the definition of deportable offenses to include any fraud committed against individuals, corporations, or government entities. This could lead to increased deportations and legal proceedings for non-citizens, potentially impacting their ability to work, access public services, and maintain family relationships in the U.S. The broader definition of fraud could also lead to stricter enforcement and heightened scrutiny of immigrants, particularly those in vulnerable positions.
3. **Legal and Judicial System Implications**: Courts will be given concurrent jurisdiction to revoke citizenship for naturalized citizens convicted of fraud. This change may result in an increased caseload for courts and could lead to legal complexities, as courts navigate the intersection of criminal law and immigration law. Additionally, individuals facing fraud charges may seek legal counsel and representation to defend against potential denaturalization, which could lead to increased legal expenses and strain on public resources if individuals cannot afford private representation.
Overall, the legislation could significantly alter the landscape of immigration enforcement and legal proceedings related to fraud, affecting individuals' lives, families, and the judicial system.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3606
To subject aliens convicted of fraud to deportation and to bestow
concurrent jurisdiction to revoke the citizenship of any naturalized
United States citizen convicted of fraud on any court that enters such
a conviction.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 8 (legislative day, January 7), 2026
Mrs. Blackburn (for herself, Mr. Cornyn, Mr. Cotton, Mr. Budd, Mr.
Cramer, Mr. Graham, and Mr. Hagerty) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To subject aliens convicted of fraud to deportation and to bestow
concurrent jurisdiction to revoke the citizenship of any naturalized
United States citizen convicted of fraud on any court that enters such
a conviction.
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 ``Fraud Accountability Act''.
SEC. 2. INCLUDING FRAUD AS A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (vi) as clause (vii);
(2) by inserting after clause (v) the following:
``(vi) Notwithstanding the fraud loss
threshold established in the definition of
aggravated felony under section 101(a)(43)(M),
any alien who is convicted of a crime involving
fraud committed against any private individual,
fund, corporation, or government entity is
deportable.''; and
(3) in clause (vii), as redesignated, by striking ``and
(iv)'' and inserting ``(iv), and (vi)''.
SEC. 3. MANDATORY DETENTION.
Section 236(c)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1227(c)(1)(B)) is amended by striking ``covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D)'' and inserting
``described in subparagraph (A)(ii), (A)(iii), (A)(vi), (B), (C), or
(D) of section 237(a)(2);''.
SEC. 4. DENATURALIZATION FOR FRAUD AND OTHER CRIMINAL OFFENSES.
Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451)
is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f)(1) At the time any court in the United States enters a
conviction of any naturalized United States citizen for a criminal
offense described in section 237(a)(2), such court shall--
``(A) revoke, set aside, and declare void the final order
admitting such person to citizenship; and
``(B) declare the certificate of naturalization of such
person to be canceled.
``(2) Notwithstanding section 1331 of title 28, United States Code,
any court referred to in paragraph (1) shall have jurisdiction to take
the actions described in subparagraphs (A) and (B) of such paragraph
with respect to a person described in such paragraph.''.
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date of the enactment of this Act.
(b) Applicability.--The amendments made by section 4 shall apply to
any conduct by any alien constituting fraud that was committed on or
after September 30, 1996, against any private individual, fund,
corporation, or government entity for which such alien was not
arrested, charged, or indicted before the date of the enactment of this
Act.
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