S 3674
SCAM Act
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Bill overview
The Stop Citizenship Abuse and Misrepresentation Act (SCAM Act) expands the grounds for civil denaturalization proceedings for naturalized U.S. citizens. It clarifies that individuals who associate with foreign terrorist organizations, defraud government programs, or commit aggravated felonies after becoming citizens may have their citizenship revoked. The bill aims to ensure that naturalized citizens meet the established standards of good moral character, attachment to the Constitution, and disposition to the good order and happiness of the United States. It also includes a fallback provision to adjust the timeframe for these proceedings if a 10-year period is deemed unconstitutional.
Key provisions
- Expands grounds for civil denaturalization for association with foreign terrorist organizations.
- Creates a basis for denaturalization if a naturalized citizen defrauds a federal, state, local, or tribal government program (minimum $10,000 fraud).
- Establishes grounds for denaturalization if a naturalized citizen is convicted of an aggravated felony or espionage.
- Includes a 10-year timeframe for assessing these grounds after naturalization.
- Provides a fallback provision to reduce the timeframe to 5 years if the 10-year period is found unconstitutional.
- Specifies that concealment of material facts or willful misrepresentation in the naturalization process can be considered evidence of lacking good moral character.
- Allows for retroactive denaturalization and treatment of the certificate of naturalization as void from its original issuance.
- Ensures removable status through expedited proceedings regardless of immigration status post-denaturalization.
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119th CONGRESS — 2d Session
S. 3674
IN THE SENATE OF THE UNITED STATES
A BILL
To expand and clarify the grounds for civil denaturalization proceedings for individuals who have defrauded a governmental program, joined a terrorist organization, or committed certain criminal offenses.
This Act may be cited as the Stop Citizenship Abuse and Misrepresentation Act SCAM Act
or the
.
Becoming a naturalized United States citizen means not only having the right to live and work in the United States and gaining access to various social, economic, and political benefits, but also accepting sacred duties and obligations to our Nation.
In recent years, many naturalized citizens have betrayed those sacred duties and obligations, eschewed responsible citizenship, and instead viewed their new citizenship status as a purely administrative benefit granting them access to privileges, immunities, and benefits they can leverage for their own personal gain.
Naturalization is a long-standing, time-honored, and essential American tradition.
An applicant wishing to become a citizen of the United States must demonstrate, at the time of naturalization, that he or she is—
Any person who has been convicted of fraud against a governmental program demonstrates moral turpitude and any person who has been convicted of fraud against a governmental program after being extended the privilege of United States citizenship demonstrates, both at the time of such conviction and at the time of his or her naturalization, that he or she is not and was not—
Any person who affiliates with a foreign terrorist organization, such as a drug cartel, or engages in espionage puts our Nation's security at great risk of degradation and any person who affiliates with a foreign terrorist organization or engages in espionage after being extended the privilege of United States citizenship demonstrates, both at the time of such affiliation or espionage and at the time of his or her naturalization, that he or she is not and was not—
Any alien who has been convicted of an aggravated felony is deportable and designated as permanently ineligible for naturalization and any person who has been convicted of an aggravated felony after being extended the privilege of United States citizenship demonstrates, both at the time of such conviction and at the time of his or her naturalization, that he or she is not and was not—
As the Supreme Court has noted: An alien has no moral nor constitutional right to retain the privileges of citizenship if, by false evidence or the like, an imposition has been practiced upon the court, without which the certificate could not and would not have been issued.
(Johannessen v. United States, 225 U.S. 227, 241 (1912)).
The Supreme Court has also explained: No alien has the slightest right to naturalization unless all statutory requirements are complied with; and every certificate of citizenship must be treated as granted upon condition that the government may challenge it . . . and demand its cancelation unless issued in accordance with such requirements. If procured when prescribed qualifications have no existence in fact, it is illegally procured . . . .
(United States v. Ginsberg, 243 U.S. 472, 475 (1917)).
It is the sense of Congress that the Supreme Court, in Costello v. INS, 376 U.S. 120 (1964), misconstrued the effects of denaturalization under section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) for the reasons stated in the concurring opinion in Castillo v. Bondi, 140 F.4th 777 (6th Cir. 2025) (Thapar, J., concurring).
The purpose of this Act is to expand and clarify the grounds for the United States to pursue civil denaturalization proceedings against individuals who have proven, by defrauding a governmental program, affiliating with a foreign terrorist organization, or committing certain criminal offenses, that, at the time they were naturalized, they lacked the good moral character, attachment to the Constitution of the United States, and disposition to the good order and happiness of the United States that our Nation demands of those who desire to become naturalized citizens.
Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) is amended—
the Attorney General orafter
It shall be the duty of;
If a person, during the 10-year period beginning on the date on which he or she was naturalized under this chapter, associates with, conspires with, aids, or abets any foreign terrorist organization (as designated under section 219(a)), such action shall be considered prima facie and sufficient evidence that—
If a person who has been naturalized under this chapter is convicted of, admits to having committed, or admits to committing acts constituting the essential elements of, an offense involving fraud, an attempt to defraud, or conspiracy to defraud the Federal Government, a State government, a local government, or a tribal government (such as defrauding the United States Government of a Federal public benefit (as defined in section 401 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1611(c)) or defrauding a State or local government of a State or local public benefit (as defined in section 411(c) of such Act (8 U.S.C. 1621(c))), of at least $10,000, and any act or acts leading to such conviction or admission began or occurred during the 10-year period beginning on the date of his or her naturalization, such conviction or admission shall be considered prima facie and sufficient evidence that—If a person who has been naturalized under this chapter is convicted of, admits to having committed, or admits to committing acts constituting the essential elements of, an aggravated felony or espionage offense (including any offense described in section 792, 793, 794, 795, 796, 797, 798, 951, 1030(a)(1), 1831, 1832, 2152, 2153, 2154, 2155, or 2156 of title 18, United States Code; or an offense described in section 783 or 3121 of title 50, United States Code), and any act or acts leading to such conviction or admission began or occurred during the 10-year period beginning on the date on which he or she was naturalized, such conviction or admission shall be considered prima facie and sufficient evidence that—
If the 10-year period set forth in subsection (d), (e), or (f) is held to be unconstitutional or constitutionally insufficient by final judicial decision, for purposes of interpreting this Act—
The revocation and setting aside of a person’s admission order and cancellation of the person’s certificate of naturalization under this section shall be effective as of the original date of such order and certificate, respectively. Such denaturalization shall have retroactive effect, and the certificate of naturalization shall be treated as void from the date on which it was issued.
Any person whose certificate of naturalization is cancelled under this section shall be removable pursuant to expedited proceedings described in section 238, regardless of—
If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held to be unconstitutional, the remaining provisions of this Act and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected.