American Citizenship Integrity Act

This Act may be cited as the “American Citizenship Integrity Act”.

(a) In general.— Chapter 69 of title 18, United States Code, is amended by inserting after section 1429 the following:

“1430. Trafficking for the purpose of obtaining citizenship for a child.—

(a) In general.— Whoever knowingly, in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States— with the intent to obtain United States citizenship for the child of such alien through the birth of such child in the United States, shall be fined under this title, imprisoned not more than 15 years, or both.

(1) recruits, transports, or harbors by any means any covered alien for the purpose of entering into the United States;

(2) facilitates the recruitment, transportation, or harboring of such alien for such purpose; or

(3) attempts to commit an offense described in paragraphs (1) or (2);

(b) Organized criminal enterprises.— Whoever commits an offense described under subsection (a) involving 3 or more covered aliens as part of a scheme or enterprise consisting of 3 or more persons shall be fined under this title, imprisoned not more than 30 years, or both, and shall be subject to criminal and civil forfeiture under sections 981 and 982 of this title.

(c) Extraterritoriality.— There is extraterritorial Federal jurisdiction over an offense under this section if—

(1) the alleged offender is a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101));

(2) the alleged offender is present in the United States, irrespective of the nationality of the offender; or

(3) the offense is committed, in whole or in part, within the United States, or the offense results, or is intended to result, in a child obtaining United States citizenship by being born in the United States.

(d) Covered alien.— The term covered alien means any alien except for an alien lawfully admitted for permanent residence in the United States.”.

(b) Clerical amendment.— The table of sections chapter 69 of title 18, United States Code, is amended by inserting after the item related to section 1429 the following new item:

(a) Inadmissibility based on intent To obtain citizenship for a child.— Section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended by adding at the end the following new paragraph:

“(11) Birth tourism.— Any alien who a consular officer or the Secretary of Homeland Security determines is seeking, or has previously sought, admission to the United States for the purpose of obtaining United States citizenship for a child through birth in the United States, is inadmissible.”.

(b) Denaturalization on the basis of fraudulently obtaining citizenship for a child.— Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) is amended—

(1) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively; and

(2) by inserting after subsection (c) the following:

“(d) If a naturalized citizen is convicted of, admits to having committed, or admits to committing acts constituting the essential elements of, an offense under section 1430 of title 18, United States Code, or section 1546 of such title (related to a false claim or statement related to section 212(a)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(11))) such conviction or admission shall be considered prima facie and sufficient evidence that—

(1) such person, at the time of his or her naturalization—

(A) was not a person of good moral character;

(B) was not attached to the principles of the Constitution of the United States; and

(C) was not well disposed to the good order and happiness of the United States;

(2) the order admitting such person to citizenship—

(A) was obtained by concealment of a material fact or by willful misrepresentation; and

(B) shall be revoked and set aside, along with the cancellation of his or her certificate of naturalization; and

(3) such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate, respectively.”.

(a) Establishment.— Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Security, shall establish a task force to be known as the “American Citizenship Integrity Interagency Task Force” (in this section referred to as the “Task Force”).

(b) Chairs.— The Task Force shall be co-chaired by the—

(1) Attorney General; and

(2) Secretary of Homeland Security.

(c) Members.— The Task Force shall be composed of the following members:

(1) The co-chairs listed under subsection (b).

(2) The Director of U.S. Immigration and Customs Enforcement.

(3) The Director of the Federal Bureau of Investigation.

(4) The Commissioner of U.S. Customs and Border Protection.

(5) The Director of U.S. Citizenship and Immigration Services.

(6) The Director of the Executive Office for Immigration Review.

(7) The Assistant Secretary of State for Consular Affairs.

(8) Any other individual representing such other agencies as the co-chairs determine appropriate.

(d) Duties.— The Task Force shall—

(1) coordinate the identification, investigation, and referral for—

(A) prosecution of organized fraud schemes by individuals or entities related to the acquisition of United States citizenship for a child; and

(B) denaturalization of any naturalized citizen convicted of organized fraud schemes related to the acquisition of United States citizenship for a child;

(2) develop guidance for, and make available to, consular officers, U.S. Customs and Border Protection officers, and U.S. Citizenship and Immigration Services adjudicators with respect to identifying indicators of such organized fraud;

(3) coordinate with the governments of foreign countries and international law enforcement agencies, as appropriate, regarding organized fraud schemes operating extraterritorially related to the acquisition of United States citizenship for a child; and

(4) perform any other activities necessary to prevent fraud schemes related to the acquisition of United States citizenship for a child.

(e) Annual task force report.— Not later than 1 year after the date of establishment of the Task Force, and annually thereafter, the Task Force shall, with respect to the prior year, submit a report to the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate that includes—

(1) a description of any activities performed by the Task Force during the prior year in accordance with subsection (d);

(2) the number of children who obtained citizenship by birth in the United States whose parents are aliens (other than an alien lawfully admitted for permanent residence);

(3) the number of aliens who were determined to be inadmissible under section 212(a)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(11));

(4) the number of prosecutions and convictions made—

(A) under section 1430 of title 18, United States Code, by each designated assistant United States attorney for each judicial district; and

(B) under section 1546 of title 18, United States Code, related to a false claim or statement related to section 212(a)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(11));

(5) the number of denaturalization proceedings conducted pursuant to section 340(d) of the Immigration and Nationality Act (8 U.S.C. 1451(d));

(6) the outcomes of such denaturalization proceedings; and

(7) any policy recommendations to—

(A) protect the integrity of United States citizenship; and

(B) prevent fraudulent obtainment of United States citizenship.

(a) In general.— Section 542 of title 28, United States Code, is amended by adding at the end the following:

“(c) The Attorney General, in consultation with the appropriate United States Attorney, shall appoint, in each judicial district, an assistant United States attorney to coordinate and supervise any—

(1) investigation or prosecution under section 1430 of title 18, United States Code;

(2) investigation or prosecution under section 1546 of title 18, United States Code, related to a false claim or statement related to section 212(a)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(11)); and

(3) denaturalization proceeding conducted pursuant to section 340(d) of the Immigration and Nationality Act (8 U.S.C. 1451(d)).”.

(b) Deadline for compliance.— The Attorney General shall comply with section 542(c) of title 28, United States Code, not later than 180 days after the date of the enactment of this Act.

If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.