This bill, the SCAM Act, establishes new grounds and procedures for the government to revoke the citizenship of naturalized individuals who commit specific serious offenses or fraud within ten years of naturalization.
Tom Emmer
Representative
MN-6
The SCAM Act establishes new grounds for the government to revoke the citizenship of naturalized individuals. It allows for denaturalization if a person commits fraud against the government, joins a terrorist organization, or commits an aggravated felony within ten years of naturalization. These actions are deemed proof that the individual lacked good moral character at the time they became a citizen. Revocation of citizenship under this Act is retroactive to the original date of naturalization.
The Stop Citizenship Abuse and Misrepresentation Act (SCAM Act) introduces a major shift in how the U.S. government treats naturalized citizens. Essentially, it creates a 10-year window after someone earns their citizenship where certain actions can lead to that citizenship being stripped away retroactively. The bill argues that if a person commits specific crimes or joins certain groups within a decade of their oath, it proves they lacked the 'good moral character' required to become a citizen in the first place. If triggered, the government can cancel the naturalization certificate, making it as if the person was never a citizen at all, and move straight to an expedited removal process to deport them.
The bill establishes three main categories that can trigger a loss of citizenship if they occur within 10 years of naturalization. First, any association or conspiracy with a foreign terrorist organization is grounds for revocation (Section 4). Second, a conviction or admission of defrauding any level of government—federal, state, local, or tribal—of at least $10,000 is included. Third, committing an 'aggravated felony' or an espionage-related offense also qualifies. For a small business owner who naturalized seven years ago, a conviction for a tax error or a COVID-19 relief fund dispute totaling over $10,000 could theoretically lead to a total loss of their legal status in the U.S. under these provisions.
One of the most significant parts of this bill is that it makes denaturalization retroactive to the original date the citizenship was granted. This means all rights and protections held during those years are effectively erased. Section 4 also includes a 'fallback' provision: if a court decides that a 10-year window is unconstitutional, the law automatically defaults to a 5-year window instead of being thrown out entirely. This ensures the government maintains a period of heightened scrutiny over new citizens even if legal challenges arise. For a trade worker who has built a life, bought a home, and paid into Social Security as a citizen, this creates a decade-long period of legal vulnerability that born-citizens do not face.
The bill adds the Attorney General to the list of officials who can start these proceedings, which could lead to more frequent cases. A major concern for many will be the term 'associates with' regarding terrorist organizations, which is not strictly defined in the text and could be interpreted broadly. Furthermore, once citizenship is revoked under these new grounds, the individual is subject to 'expedited removal.' This means they could be deported without the standard, lengthy immigration court process that other non-citizens usually navigate. By linking post-naturalization behavior to pre-naturalization intent, the SCAM Act effectively treats the first 10 years of citizenship as a high-stakes probationary period.