This Act increases criminal penalties for welfare fraud, mandates automatic denaturalization for naturalized citizens convicted of such fraud, and establishes a Task Force to recover lost funds through civil actions.
Tom Cotton
Senator
AR
The Welfare Fraud Deterrence and Recovery Act of 2026 significantly increases criminal penalties for welfare fraud, including mandatory minimum sentences. The bill also establishes severe immigration consequences for noncitizens convicted of fraud, including automatic denaturalization and deportation. Finally, it creates a dedicated Task Force to investigate fraud, pursue civil recovery of lost funds, and establish a dedicated Welfare Fraud Recovery Fund.
The Welfare Fraud Deterrence and Recovery Act of 2026 significantly ramps up the stakes for anyone accused of defrauding federal benefit programs. Under this bill, the maximum prison sentence for welfare fraud jumps to 15 years, and new mandatory minimums are introduced. Specifically, if someone is a noncitizen or a naturalized citizen, they face a mandatory 2-year minimum sentence, while anyone who defrauds the government of $100,000 or more faces at least 5 years behind bars. The bill also establishes a high-powered Welfare Fraud Recovery Task Force within the Department of Justice to hunt down these funds through civil lawsuits, carrying penalties of up to triple the damages plus legal fees.
Perhaps the most striking provision is the automatic revocation of U.S. citizenship for naturalized citizens. If a person is convicted of defrauding a benefit program—including programs like the Child Care and Development Block Grant—and even one part of that fraud happened after they became a citizen, the court is required to strip them of their citizenship immediately. For a family man who naturalized a decade ago but is found to have misrepresented income for childcare subsidies, this means losing his status and facing a 20-year ban on ever reentering the country. The bill essentially creates a tiered system of citizenship where one's status is permanently contingent on a clean record regarding public benefits.
The bill doesn't stop at prison time; it rewrites immigration rules to make any fraud conviction a deportable offense. It expands 'expedited removal,' which allows the government to deport noncitizens without a hearing before an immigration judge. This could mean a green card holder working a construction job who makes a mistake on a food assistance application could be removed from the country before they even get to explain their side to a judge. On the financial side, the new Task Force can go after individuals for civil penalties between $10,000 and $20,000 per violation. If the person is a noncitizen, the court must tack on an extra penalty of double the government’s damages, effectively creating a much higher financial bar for non-U.S. born residents.
To ensure no one slips through the cracks, the bill gives the Task Force the power to freeze assets abroad and extradite individuals using international treaties. It even suggests that the Secretary of State could withhold foreign aid to other countries to force them to cooperate with these fraud investigations. Locally, states are also under the thumb: if a state agency doesn't cooperate with the Task Force’s information requests, the federal government can pull up to 10% of that state's welfare funding. While the goal is to replenish the 'Welfare Fraud Recovery Fund' to reimburse programs, the high-pressure tactics and severe, permanent consequences for naturalized citizens and noncitizens mark a major shift in how the law treats mistakes or fraud in the social safety net.