Deporting Fraudsters Act of 2026
Floor Speech
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Mr. McCLINTOCK. Madam Speaker, Pursuant to House Resolution 1115, I call up the bill (H.R. 1958) to amend the Immigration and Nationality Act to clarify that aliens who have been convicted of defrauding the United States Government or the unlawful receipt of public benefits are inadmissible and deportable, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The text of the bill, as amended, is as follows: H.R. 1958
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 ``Deporting Fraudsters Act of 2026''. SEC. 2. INADMISSIBILITY AND DEPORTABILITY RELATED TO DEFRAUDING THE UNITED STATES GOVERNMENT OR THE UNLAWFUL RECEIPT OF PUBLIC BENEFITS.
(a) Inadmissibility.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:
``(J) Defrauding the united states government or the unlawful receipt of public benefits.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of--
``(i) an offense described in section 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 2024) (relating to violations of Supplemental Nutrition Assistance Program benefits);
``(ii) an offense described in section 208 of the Social Security Act (42 U.S.C. 408) (relating to fraud involving social security account numbers or social security cards);
``(iii) an offense described in section 666 of title 18, United States Code (relating to theft or bribery concerning programs receiving Federal funds);
``(iv) an offense described in section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information);
``(v) an offense described in section 1031 of title 18, United States Code (relating to major fraud against the United States);
``(vi) an offense described under chapter 63 of title 18, United States Code (relating to mail fraud and other fraud offenses);
``(vii) an offense described in section 371 of title 18, United States Code (relating to conspiracy to commit offense or to defraud United States);
``(viii) any other offense that involves defrauding the United States Government or the unlawful receipt of a Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611) or a State or local public benefit (as such term is defined in section 411(c) of such Act (8 U.S.C. 1621)); or
``(ix) a conspiracy to commit an offense described in clause (i) through (viii), is inadmissible.''.
(b) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:
``(G) Defrauding the united states government or the unlawful receipt of public benefits.--Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of--
``(i) an offense described in section 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 2024) (relating to violations of Supplemental Nutrition Assistance Program benefits);
``(ii) an offense described in section 208 of the Social Security Act (42 U.S.C. 408) (relating to fraud involving social security account numbers or social security cards);
``(iii) an offense described in section 666 of title 18, United States Code (relating to theft or bribery concerning programs receiving Federal funds);
``(iv) an offense described in section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information);
``(v) an offense described in section 1031 of title 18, United States Code (relating to major fraud against the United States);
``(vi) an offense described under chapter 63 of title 18, United States Code (relating to mail fraud and other fraud offenses);
``(vii) an offense described in section 371 of title 18, United States Code (relating to conspiracy to commit offense or to defraud United States);
``(viii) any other offense that involves defrauding the United States Government or the unlawful receipt of a Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611)) or a State or local public benefit (as such term is defined in section 411(c) of such Act (8 U.S.C. 1621)); or
``(ix) a conspiracy to commit an offense described in clause (i) through (viii), is deportable.''.
(c) Ineligibility for Any Immigration Relief.--Any alien described in subparagraph (J) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1128(a)(2)(J)) or subparagraph (G) of section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) shall be ineligible for any relief under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), including under section 2242 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681).
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Mr. McCLINTOCK. 1958.
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Mr. McCLINTOCK. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, for years, Republicans on the Committee on the Judiciary have sounded the alarm about the costs of the Democrats' open-border policies on our schools, hospitals, homeless shelters, food banks, law enforcement, and American wages.
What we are now discovering is that many within these populations immediately set out to rob our country of literally billions of dollars paid by American taxpayers to help needy Americans.
Worse still, evidence is now emerging from whistleblowers that this was done while Democratic officials in sanctuary jurisdictions deliberately turned a blind eye to industrial-scale larceny in exchange for political support.
We have already heard from TSA agents who watched helplessly as Somali immigrants brazenly shipped millions of dollars out of this country in their carry-on luggage while alarms to the Biden-Harris administration were simply ignored.
We have heard audio recordings of these criminals discussing with Minnesota's Democratic attorney general how they had each other's backs. We have heard whistleblowers tell us their warnings to Minnesota's Governor, resulting in retaliation against them, but no actions to stop the fraudsters.
One estimate is that the Minnesota scandal accounts for some $9 billion of stolen funds. As investigators begin turning over rocks in other Democratic sanctuary jurisdictions, like California and New York, this may prove just the tip of an iceberg of corruption.
There is more. Although this fraud may well end up implicating thousands of illegal aliens allowed into our country and then protected from prosecution by the Democrats, Social Security fraud and other fraud offenses implicate literally millions. Yet, our ability to remove such fraudsters is hamstrung by the courts, sometimes for decades.
In one case from 2017, the Board of Immigration Appeals held that an alien was not removable from the United States for having committed an aggravated felony despite the alien's fraud conviction for $169,000 in food stamps theft.
In another case, an alien was placed in removal proceedings in 2005 while he remained until at least 2013, when his case finally made its way to the U.S. Court of Appeals for the Sixth Circuit to determine whether his conviction for conspiracy to traffic in identification documents made him removable from the United States.
Another fraudster spent 2 years challenging his removal proceedings even though he admitted that he had received up to $3.5 million through food stamp fraud.
Other cases with aliens convicted of wire fraud and food stamp fraud languished for 1\1/2\ years to 4 years, respectively, before a Federal court finally upheld their removal orders.
In many other cases, aliens remained eligible to stay in the United States indefinitely despite their fraud convictions.
The Deporting Fraudsters Act of 2026, introduced by our colleague, Dave Taylor, streamlines this removal process. The bill is simple. If you admit to or are convicted of fraudulently receiving public benefits or committing other fraud offenses, you are out of here on the next plane and can never return.
This bill also incorporates my Consequences for Social Security Fraud Act, which the House passed on a bipartisan basis 2 years ago. That bill simply says that if you are an alien who admits to or is convicted of Social Security fraud or identification document fraud, you cannot enter our country. If you are already here, you are to be deported. That is just common sense.
Even The New York Times reported late last year that as many as 1 million illegal aliens ``are using fraudulent or stolen Social Security numbers.''
According to another report, in 2017 alone, there were 1.2 million cases in which illegal aliens used Social Security numbers that belonged to someone else or that were fabricated. That number surely has skyrocketed following 4 years of the Biden-Harris border crisis.
A 2022 investigative report found that because of this fraud, victims ``may face tax bills for income they didn't earn or depleted benefits,'' and may suffer from poor credit histories or even criminal histories.
That is exactly what happened to Daniel Kluver, a Minnesota man whose identity was stolen by a Guatemalan illegal alien with a criminal history and multiple deportations. Because of the identity theft, Kluver lost thousands of dollars through garnished wages and increased taxes, and spent years unsuccessfully trying to untangle the mystery of his stolen identity.
Now, imagine if that victim is you, and the perpetrator is an illegal alien who is allowed to stay in the United States indefinitely while a dysfunctional court system takes years to decide whether or not to deport him. That is absurd.
By specifically listing Federal crimes that make an alien inadmissible to or removable from the United States, this bill closes loopholes, removes the yearslong litigation that so often bogs down the removal process, and strengthens our immigration system.
Finally, the bill guarantees that the fraudsters described in this bill cannot exploit Americans' generosity again by receiving any immigration relief in this country.
Madam Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
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Mr. McCLINTOCK.
My friend fundamentally misunderstands the provisions of this bill. There is nothing in this bill that prevents the prosecution and punishment of an individual for fraud.
In fact, when they admit the fraud, I think that is a plea of guilty. They can still be prosecuted. They can still be incarcerated. But this assures at the end of the judicial process and at the end of their punishment, they be deported.
Remember, the Democrats' sanctuary policies require that criminals in jail be released back onto our streets rather than be deported. That is what this bill fixes. They claim it is unnecessary because aliens with fraud convictions are already inadmissible and removable. That couldn't be farther from the truth. Although aliens who commit some forms of fraud may be found deportable, it is far from certain.
Take, for example, a case in which an alien stole an American's identity for 19 years. Although convicted, the Ninth Circuit Court of Appeals ruled this wasn't enough to constitute moral turpitude and therefore was not deportable.
In a Fifth Circuit case from 2021, an alien already had been in removal proceedings for 6 years before the Federal appeals court finally found that this made him deportable.
Another fraudster spent 2 years challenging his removal proceedings, even though he had admitted that he had received some $3.5 million through food stamp fraud.
These criminal aliens should have been out of this country once they had served their sentences, and that is why H.R. 1958 is imperative.
Mr. Speaker, my friend from Washington objects to the provision that says if an alien admits to fraud, that should be enough to deport them. They demand a criminal conviction. How ironic that the Democrats are quick to take an alien's word when he illegally enters the country, gives a fake name, and claims asylum, but they can't take his word when he admits to committing crimes in the United States.
An admission of guilt is an admission of guilt. That ought to be enough to trigger the provisions of this law, and this is not even breaking new ground. In fact, the language in this bill is identical to the grounds for inadmissibility for a multitude of circumstances.
An alien can be removed for overstaying his visa, violating his nonimmigrant status or a condition of entry, smuggling aliens, committing marriage fraud, being a drug user or drug addict, falsely claiming U.S. citizenship, or engaging in espionage, all without a conviction.
Mr. Speaker, I can't blame the ranking member for digressing into his Trump derangement syndrome. That is a lot easier, I suspect, than explaining why Democrats believe that aliens who have defrauded American taxpayers and stolen people's identities should remain in our country. That is their sanctuary policy in a nutshell. I wouldn't want to try to defend that either.
Mr. HARRIS of North Carolina. Mr. Speaker, we have a massive fraud problem in America. Fraud costs our country an estimated $233 billion to $521 billion each year.
Just recently, in Minnesota, allegations have been brought against a group of Somali immigrants running fraudulent daycares with American tax dollars.
The bill we are considering today, the Deporting Fraudsters Act, ensures that aliens who commit acts of fraud or fraudulently receive public benefits face the consequences of their actions. This creates grounds of inadmissibility and deportability for any alien who admits to or is convicted of certain fraud offenses.
The worst part of the Minnesota case, we all know, was the actions of lawmakers who decided they would rather cover it up than see the perpetrators brought to justice. Unfortunately, I think we will see that same behavior today with this vote.
Time and time again, we have seen our colleagues on the other side of the aisle refuse to prioritize American citizens over aliens.
Let me remind all Americans: We just saw an example of this recently at the State of the Union Address when President Trump asked us to stand if we believed the most important priority of the Federal Government is to protect American citizens, and all of America watched as Democrats refused to stand. The American people saw a party that is unable to put their interests first.
Living in America as a noncitizen is a privilege, and when people abuse that privilege, they must be held responsible. We must be a nation that follows the rule of law. We must punish illegal aliens who are misusing taxpayer dollars.
Mr. Speaker, I urge my colleagues on the other side of the aisle to put American citizens above alien fraudsters and vote ``yes'' on this bill.
Mr. Speaker, my friend seems so overwrought that he is simply misspeaking and doing so quite prolifically.
This bill does not say that you can deport on hearsay evidence. It says you must deport upon a conviction or an admission of guilt. That is it, and there are many offenses that already fall under this same process, and the standards are rigorous.
The alien's admission must be explicit, unequivocal, and unqualified. The immigration judge has to find that the admission fits within the relevant statutes and that the admission is based on reasonable, substantial, and probative evidence.
The Democrats clearly aren't interested in due process. They are interested in gumming up the process so that the illegal alien criminals can remain in this country, preying on Americans.
Mr. Speaker, that is the whole point of their sanctuary cities and the whole point of their opposition to this bill.
Mr. Speaker, the ranking member should know that once the bill is introduced, it leaves the control of the individual Member and becomes the property of the House and is subject to modification by a majority of the House.
I must say I find his objections rather curious, considering the fact that dozens of House Democrats have supported requiring an admission for a ground of deportability included as part of the Consequences for Social Security Fraud Act, which was approved by 55 House Democrats just 2 years ago. That was legislation that I introduced and is now incorporated into this measure.
Mr. Speaker, I include in the Record the CBO Cost Estimate for this bill.
H.R. 1958, DEPORTING FRAUDSTERS ACT OF 2026 AS REPORTED BY THE HOUSE COMMITTEE ON THE JUDICIARY ON JANUARY 27, 2026 ------------------------------------------------------------------------ By fiscal year, millions of dollars ----------------------------------- 2026 2026-2030 2026-2035 ------------------------------------------------------------------------ Direct Spending (Outlays)........... * * * Revenues............................ * * * Increase or Decrease (-) in the * * * Deficit............................ Spending Subject to Appropriation * * * (Outlays).......................... ------------------------------------------------------------------------ * = between -$500,000 and $500,000.
Increases net direct spending in any of the four consecutive 10-year periods beginning in 2036? No.
Increases on-budget deficits in any of the four consecutive 10-year periods beginning in 2036? No.
Statutory pay-as-you-go procedures apply? Yes.
Mandate Effects:
Contains intergovernmental mandate? No.
Contains private-sector mandate? No.
H.R. 1958 would make an alien (a non-U.S. national) inadmissible to or deportable from the United States if that person admits to or is convicted of crimes involving defrauding the United States government or the unlawful receipt of a federal, state, or local public benefit.
Under current law, a crime involving fraud can be deemed to be a crime involving moral turpitude; the admission of or conviction for such a crime makes an alien inadmissible or, in certain cases, deportable. Therefore, CBO expects that only a few peopleiwould be removed from the United States based solely on enacting this bill. Because some of those aliens might be eligible for federal benefits--some of which are provided through income tax credits--CBO estimates that enacting the bill would decrease spending subject to appropriation and direct spending and increase revenues by an insignificant amount over the 2026-2035 period.
The CBO staff contact for this estimate is David Rafferty. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis. Phillip L. Swagel, Director, Congressional Budget Office.
Mr. Speaker, the question before us is a simple one. Should an alien who is here in this country as a guest of America be deported if they commit fraud and steal the funds of American families and American taxpayers or if they commit identity theft by stealing the Social Security numbers of American citizens?
That should not be a difficult question for anyone with a lick of common sense. We have enough problems with domestic criminals without tolerating the presence of criminals from every other country in the world.
If a person is a foreigner and commits fraud in this country, they need to go home and never be allowed to return. The Democrats want these criminals to stay. The Republicans want them to go. I don't wonder for a moment where the American people stand.
President Trump put a very simple and revealing proposition to the Democrats during his recent State of the Union Address. The first duty of the American Government is to defend the American people and not illegal aliens.
The Democrats made their answer crystal clear for the entire world to see. I am willing to bet they haven't learned a thing since then, but I am pleased to put that proposition to them today in this form. Should foreigners who commit fraud against the American people be allowed to stay in our country, ``yes'' or ``no''?
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