HR7156-119

What This Bill Does

The SCAM Act states congressional findings that naturalized citizens who commit government-program fraud, affiliate with foreign terrorist organizations, commit aggravated felonies, or commit espionage offenses demonstrate lack of good moral character, attachment to the Constitution, and disposition to the good order of the United States. Its operative section amends Immigration and Nationality Act section 340. It lets the Attorney General, as well as current officers referenced in the statute, pursue denaturalization. It adds three new prima facie denaturalization grounds for conduct occurring within ten years of naturalization: association, conspiracy, aid, or abetting involving a designated foreign terrorist organization; conviction or admission of federal, State, local, or Tribal government fraud of at least $10,000, including public-benefit fraud; and conviction or admission of an aggravated felony or specified espionage, hacking, economic espionage, sabotage, or national-security offenses. For each category, the bill states that the conduct is sufficient evidence that the person lacked good moral character and constitutional attachment at naturalization, that the citizenship order was obtained by concealment or willful misrepresentation, and that the order and certificate must be revoked retroactively. If a court finds the ten-year period unconstitutional, courts must construe it as five years. Denaturalized people become removable through expedited proceedings regardless of post-denaturalization immigration status or elapsed time. A severability clause preserves the remainder of the Act if part is invalidated.

Who Benefits and How

Federal prosecutors, Department of Justice civil denaturalization units, USCIS fraud detection staff, immigration enforcement officers, and national-security investigators benefit from clearer statutory grounds and evidentiary presumptions for denaturalization cases. Federal, State, local, and Tribal public-benefit programs benefit if fraud-related denaturalization deters or penalizes abuse. National-security agencies benefit from a new tool against recently naturalized people tied to designated terrorist organizations, espionage, hacking, sabotage, or aggravated felony conduct.

Who Bears the Burden and How

Naturalized citizens within the covered period who are accused or convicted under the new categories face severe citizenship-loss and removal risk, including retroactive cancellation of naturalization certificates. Immigration attorneys, federal courts, immigration courts, and DOJ litigators must handle constitutional challenges, prima facie evidence disputes, expedited removal consequences, and fallback five-year period litigation. USCIS and immigration enforcement agencies must coordinate records, referrals, and removability after denaturalization. Families of denaturalized people may face secondary housing, employment, and family-unity consequences.

Key Provisions

• Adds Attorney General authority to pursue denaturalization under INA section 340.
• Establishes foreign-terrorist-organization association within ten years of naturalization as prima facie evidence for denaturalization.
• Establishes government fraud of at least $10,000 within ten years of naturalization as prima facie evidence for denaturalization.
• Establishes aggravated felony and specified espionage or national-security offenses within ten years as prima facie evidence for denaturalization.
• Requires denaturalization to apply retroactively to the original naturalization date and void the certificate from issuance.
• Requires expedited removal treatment after denaturalization and includes a five-year fallback period plus severability.