S. 3674: Stop Citizenship Abuse and Misrepresentation Act

The Stop Citizenship Abuse and Misrepresentation Act, also known as the SCAM Act, aims to modify U.S. laws regarding the citizenship status of individuals who are found to have engaged in certain negative behaviors after their naturalization. Here are the primary points of the bill:

Purpose

The main goal of the Act is to enhance and clarify the circumstances under which the U.S. government can initiate civil denaturalization proceedings against naturalized citizens. The bill targets individuals who have been involved in:

• Fraud against governmental programs
• Association with foreign terrorist organizations
• Committing specific criminal acts, including aggravated felonies and espionage

Expansion of Grounds for Denaturalization

The bill proposes amendments to section 340 of the Immigration and Nationality Act that specify conditions under which citizenship may be revoked. Key provisions include:

• If an individual is found to have associated with a foreign terrorist organization within 10 years of their naturalization, it serves as evidence of lacking good moral character and proper attachment to the Constitution.
• Conviction for fraud against any level of government totaling $10,000 or more, if it occurred within 10 years after naturalization, also provides grounds for denaturalization.
• Conviction for aggravated felonies or espionage within the same time frame results in similar consequences for citizenship.

Legal Framework

The Act establishes that if any naturalization is found to have been obtained through fraud or misrepresentation, the U.S. government can revoke the individual's citizenship retroactively. This means:

• The individual will be considered as if they were never naturalized.
• The cancellation of their citizenship will be executed with immediate effect upon the discovery of the aforementioned conditions.

Judicial Review and Appeals

It includes a fallback provision, stating that if the 10-year period is deemed unconstitutional by a court, it will be reduced to 5 years instead. This means the amendments reflect a flexible approach depending on legal interpretations.

Effects of Denaturalization

Once denaturalization occurs, the individual will be subject to expedited removal processes. This can take place without consideration of their immigration status after denaturalization or the duration of time since they were originally granted citizenship.

Severability

The Act includes a clause ensuring that if any part of the Act is found unconstitutional, the remaining provisions will still stand and be enforceable.

Relevant Companies

None found.