House Judiciary Committee advances bill to speed removal of noncitizens accused of benefit fraud after heated debate

The House Judiciary Committee on the morning calendar advanced H.R.1958, the Reporting Fraudsters Act, by adopting an amendment in the nature of a substitute and ordering the bill reported favorably to the House.

The measure, sponsored in part by members who pointed to alleged large-scale benefit fraud uncovered in Minnesota, would create grounds of inadmissibility and removability for noncitizens who are convicted of, or admit to, certain federal fraud offenses or unlawful receipt of federal, state, or local public benefits. Supporters said the bill will shorten protracted removal cases that can take years.

‘‘If you admit to or are convicted of fraudulently receiving public benefits, you are out of here on the next plane and can never return,’’ Rep. McClintock said in his opening remarks defending the substitute amendment. McClintock and other supporters cited press reports and enforcement operations alleging widespread identity and benefit fraud that they say drain taxpayers.

Opponents argued the bill, as amended in committee, was unnecessary and risked stripping due process because it can render people deportable without a criminal conviction in some applications of the text. ‘‘You shouldn't be penalized without a conviction,’’ Ranking Member Rep. Raskin said, citing long-standing Supreme Court precedent that treats fraud as a deportable offense but warning against removing the conviction requirement.

A separate amendment offered by Rep. Jayapal — which would have delayed the bill’s effective date until the Department of Homeland Security and federal agencies certified cooperation with state and local investigators in the Minneapolis inquiry into the killing of Renee Nicole Goode — was ruled non-germane by the chair and the ruling was sustained after the majority tabled the appeal by recorded vote. The committee later rejected an amendment that would have required a conviction before deportation (clerk reported 11 ayes, 14 nos; amendment not adopted).

On final committee action reported from the dais, the clerk recorded 15 ayes and 11 noes when the committee ordered H.R.1958 reported favorably to the House with the adopted substitute. Members will have two days to submit views for the committee record.

What happens next: The bill will be placed on the House calendar for consideration by the full chamber. Members on both sides said they plan to submit views to the committee record and may pursue additional amendments on the floor.

Votes and formal actions: The committee adopted the amendment in the nature of a substitute and subsequently voted to report the bill favorably (committee roll call reported 15–11). A conviction-requirement amendment was defeated on a recorded roll (11–14). The motion to table the chair’s appeal on a germane ruling was adopted earlier in the session during debate on a related amendment.

Context: The markup unfolded amid intense references to immigration enforcement activity in Minneapolis and to ongoing investigations and press reporting about alleged benefit and identity fraud. Several speakers tied the bill to oversight questions about ICE tactics and Department of Justice investigations in Minnesota.

The committee recessed after reporting the bill to the House; members will file supplemental views during the two-day window.