S. 4546

ASSIMILATION Act

Sponsor: Tommy Tuberville · 0 cosponsors

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I Findings, purposes, definitions, and standards

II Immigrant and nonimmigrant classifications

III Admission, inadmissibility, sponsorship, and administrative authority

IV Naturalization and citizenship

Sec. 401. Good moral character

(a) Expanded statutory bars. Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended—

(1) in paragraph (8), by striking or at the end;

(2) in paragraph (9), by striking the period at the end and inserting ; or; and

(3) by inserting after paragraph (9) the following:

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(10) one who has been convicted of any felony under Federal, State, or local law;

(11) during the period for which good moral character is required to be established, one who has been convicted of 1 or more misdemeanors under Federal, State, or local law;

(12) one who has been found, by a final administrative or judicial determination, to have violated this Act or any of the immigration laws, including by failing to maintain lawful status or by overstaying a period of authorized admission by more than 180 days;

(13) one who has engaged in fraud or willful misrepresentation in applying for, obtaining, or retaining any Federal, State, or local public benefit;

(14) one who is described in section 212(a)(3) or 237(a)(4), or who has knowingly participated in a criminal street gang (as defined in section 521(a) of title 18, United States Code), as established by clear and convincing evidence;

(15) during such period, one who has been convicted of an offense involving the operation of a motor vehicle while under the influence of alcohol or drugs, or an offense described in section 237(a)(2)(E); or

(16) one who has willfully failed to satisfy a Federal tax liability or a legally enforceable child-support obligation, as established by a final administrative or judicial determination.

(b) Totality of circumstances in naturalization cases. Section 316(e) of such Act (8 U.S.C. 1427(e)) is amended—

(1) by striking (e) In determining and inserting the following:

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(e) Good moral character determination

(1) In general. In determining

; and

(2) by adding at the end the following:

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(2) Considerations. In making such determination, the Secretary of Homeland Security may consider the totality of the circumstances, including criminal history, employment history, tax compliance, compliance with support obligations, and civic conduct, and may require objective documentary evidence of such matters.

V Asylum, inspection, detention, and unaccompanied alien children

VI Employment eligibility verification and labor protections

VII Conforming amendments; reports; effective dates; applicability; severability