Constitution Index · H.R. 1958 · 2025-03-06
Deporting Fraudsters Act of 2026
Latest official status (2026-03-19): Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Constitutional grade
B
Mostly sound
The bill operates within Congress's broad immigration powers, but raises significant due process and individual sovereignty concerns by making individuals ineligible for relief from torture and by relying on admissions of guilt without conviction. These issues are fixable but require amendment.
Article I, Section 8, Clause 4 Amendment V
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
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.
Provenance
- Congress.gov: HR 1958 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #446 | 2026-10-10 | vfa-constitutional-grade/1.0 | 50221a4d828f | current |
Cite this
Values for America. “Constitutional grade: H.R. 1958, Deporting Fraudsters Act of 2026.” VFA Constitution Index, grade 446 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/446. Accessed 2026-10-20.
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