Summary of "U.S. Congress Pushes to Expand Denaturalization: Can You Lose Your Citizenship?"

Overview of the Fraud Accountability Act

The video discusses a newly introduced bill in both the U.S. Senate and House called the Fraud Accountability Act, which aims to expand the scope of denaturalization—the process of revoking U.S. citizenship. Traditionally, denaturalization applies only when fraud or misrepresentation occurs during the naturalization process itself (i.e., before becoming a citizen). However, this bill proposes a significant shift by allowing denaturalization as a penalty for fraud committed after naturalization.

Key Provisions of the Bill

Expansion of denaturalization grounds: If a naturalized citizen is convicted of fraud in criminal court, the judge must immediately denaturalize them. This removes the current civil court process for denaturalization and ties it directly to criminal convictions.
Lowering the fraud threshold: Currently, only fraud involving amounts over $10,000 is considered an aggravated felony that can lead to deportation for permanent residents. The bill removes this monetary threshold, meaning any amount of fraud could trigger deportation for permanent residents and denaturalization for naturalized citizens.
Application of deportability rules to citizens: The bill applies deportability provisions—historically applicable only to non-citizens—to naturalized citizens, effectively treating them like non-citizens in certain legal respects. This is unprecedented, as U.S. citizens cannot be deported under current law.
Retroactive effect: The bill would apply retroactively to convictions dating back to September 30, 1996, potentially affecting nearly 30 years of cases.

Legal Analysis and Constitutional Concerns

Adrien Pande, an attorney with experience at the Department of Justice handling denaturalization cases, provides critical legal insights:

The bill faces significant constitutional challenges, notably from Supreme Court precedents:

Afroyim v. Rusk (1967): Citizenship cannot be involuntarily revoked by Congress; citizens must voluntarily renounce it.

Schneider v. Rusk (1964): Naturalized citizens have equal protection rights and cannot be treated differently from natural-born citizens except for presidential eligibility.

Additional concerns include:

The bill creates two classes of citizens:
- Natural-born citizens: Citizenship is permanent.
- Naturalized citizens: Citizenship can be revoked for post-naturalization fraud. This distinction likely violates equal protection principles.
The broad and vague definition of fraud could lead to harsh consequences for minor offenses.
The bill blurs the lines between criminal punishment and immigration enforcement by using denaturalization as a punitive measure akin to deportation, potentially undermining the rights of naturalized citizens.

Current Status and Outlook

The bill is currently under committee discussion and far from enactment.
Many bills are introduced in Congress, but few become law.
Given the constitutional hurdles and legal challenges, the presenter expresses skepticism that the bill will become law.