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H.R. 7156: Stop Citizenship Abuse and Misrepresentation Act

The "Stop Citizenship Abuse and Misrepresentation Act" (also known as the SCAM Act) is a proposed legislation aiming to expand and clarify the grounds on which individuals can lose their U.S. citizenship due to certain actions after they have been naturalized. This bill focuses particularly on individuals who have committed fraudulent acts, joined foreign terrorist organizations, or committed specific serious crimes. The key points of the bill are as follows:

Purpose of the Bill

The main purpose is to ensure that individuals who do not possess good moral character or are not committed to the principles of the Constitution are held accountable, particularly if they have engaged in illegal activities after obtaining citizenship.

Specific Actions Leading to Denaturalization

Fraud Against Government Programs: If a naturalized citizen is convicted of fraud against any governmental program (federal, state, local, or tribal), especially involving sums of $10,000 or more, it shall serve as sufficient evidence to consider them not of good moral character and thus subject to denaturalization.
Affiliation with Terrorist Organizations: Associations with foreign terrorist organizations within a ten-year period following naturalization can lead to a presumption that the individual lacked good moral character, which may result in denaturalization.
Commission of Aggravated Felonies or Espionage: If a naturalized individual is convicted of aggravated felonies or espionage-related offenses, and such actions occurred within ten years after naturalization, it can also lead to denaturalization under this bill.

Retroactive Effects

The bill stipulates that any revocation of citizenship will apply retroactively, meaning the citizenship will be treated as if it was never granted from the beginning of its issuance. This could significantly affect the rights and legal standings of those denaturalized.

Procedures for Denaturalization

The bill proposes that the Attorney General will have the authority to initiate denaturalization proceedings. This involves revoking the citizenship of individuals found guilty of the specified actions, and such individuals shall be subject to expedited removal processes.

Fallback Provision

If the ten-year period mentioned in the bill is deemed unconstitutional, the bill includes a fallback to a five-year period, aligning with historical judicial interpretations.