Attachment to the principles of the Constitution and allegiance to the United States

(a) In general Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the following: (h) Attachment to the principles of the Constitution and allegiance to the United States (1) In general For purposes of this chapter, an applicant shall not be regarded as attached to the principles of the Constitution of the United States or well disposed to the good order and happiness of the United States if the applicant knowingly— (A) engages in, incites, prepares, plans, assists, or provides material support for terrorism or terrorist activity; (B) advocates or teaches the duty, necessity, or propriety of the overthrow by force, violence, or other unlawful means of the Government of the United States or the constitutional order of the United States; (C) engages in, incites, prepares, plans, assists, or provides material support for assassination, sabotage, kidnapping, political violence, or other unlawful violence as a means of political coercion; (D) participates in, assists, or provides material support to a transnational criminal organization, cartel, or criminal gang; (E) knowingly acts as an agent, representative, or instrumentality of a foreign power, or knowingly acts under the direction or control of a foreign power, in a manner materially inconsistent with allegiance to the United States; (F) conceals any affiliation, association, agency relationship, representative capacity, or conduct described in subparagraphs (A) through (E); (G) makes any false statement or material misrepresentation concerning the applicant’s allegiance to the United States, attachment to the principles of the Constitution of the United States, willingness to take the oath of allegiance, or disposition toward the good order and happiness of the United States; or (H) refuses to affirm, without mental reservation, the oath of allegiance described in section 337. (2) Foreign power In this subsection, the term foreign power has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act. (3) Material support In this subsection, the term material support has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act. (4) Terrorist activity In this subsection, the term terrorist activity has the meaning given such term in section 4 of the America First Citizenship and Allegiance Act. (5) Rule of construction Nothing in this subsection may be construed to authorize the denial of an application for naturalization based solely on— (A) speech protected by the First Amendment to the Constitution of the United States; (B) religious belief; (C) lawful association; (D) familial relationship; (E) nationality; (F) ethnicity; (G) dual nationality; (H) lawful contact with a foreign government; (I) lawful contact with a foreign political party; or (J) lawful advocacy that does not involve force, violence, material support for unlawful activity, terrorism, fraud, concealment, or conduct inconsistent with allegiance to the United States. (6) Burden of proof Nothing in this subsection may be construed to alter the burden of an applicant for naturalization to establish eligibility for naturalization under this chapter.. (b) Conforming amendment Section 316(a) of the Immigration and Nationality Act (8 U.S.C. 1427(a)) is amended by inserting, including the requirements under subsection (h), after Constitution of the United States. (c) Effective date The amendments made by this section shall apply to any application for naturalization pending on or filed on or after the date of enactment of this Act.