Deporting Fraudsters Act of 2026

Enumerated powers · passes

Congress has plenary power over immigration and naturalization under Article I, Section 8, Clause 4, which includes the authority to set conditions for admission and deportation of non-citizens. The bill's provisions fall squarely within this enumerated power.

Bill of Rights · raises concerns · severity: significant

The bill does not directly infringe on the First, Second, Third, Fourth, Sixth, Seventh, or Eighth Amendments. However, the provision making individuals ineligible for relief from torture raises serious concerns under the Fifth Amendment's Due Process Clause, as it may deprive individuals of life or liberty without adequate procedural protections. Additionally, the use of 'admits to acts which constitute certain offenses' without a conviction could implicate the Fifth Amendment's protection against compelled self-incrimination, though the bill does not explicitly compel admissions.

Individual liberty · raises concerns · severity: significant

The bill restricts the ability of non-citizens to remain in the United States and to seek relief from deportation, which is a significant restriction on individual liberty. While the government has a compelling interest in preventing fraud, the bill's removal of protection from torture for individuals who have not been convicted but merely admitted to acts is a disproportionate restriction that fails to respect individual sovereignty and dignity.

Decentralization · passes

Immigration policy is inherently a federal matter, as the Constitution grants Congress exclusive authority over naturalization and immigration. The bill does not consolidate decision-making at a higher level than necessary; it is a federal action addressing a federal concern. The questions: (1) individuals cannot handle immigration enforcement themselves, (2) local communities cannot regulate immigration, (3) states cannot regulate immigration, and (4) the action does not consolidate upward beyond the federal level, which is the appropriate level.

Due process and takings · raises concerns · severity: critical

The bill raises due process concerns by allowing deportation based on 'admission' of acts without a conviction, which may not provide adequate procedural safeguards. More critically, making individuals ineligible for relief from torture could violate substantive due process, as it risks subjecting individuals to torture, which is a fundamental violation of due process and human dignity. The bill does not take property, but the due process issues are significant.