SCAM Act
- Bill Number
- H.R. 7156
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-20: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-24T08:06:32Z
AI-Generated Summary
Purpose of the Legislation
The "Stop Citizenship Abuse and Misrepresentation Act" (SCAM Act) aims to broaden and make clearer the reasons the U.S. government can revoke citizenship (a process called denaturalization) for naturalized citizens. It targets those who, after becoming citizens, commit acts like defrauding government programs, joining terrorist groups, or certain serious crimes. These acts are treated as proof that the person did not meet the basic requirements for citizenship—such as having good moral character, loyalty to the U.S. Constitution, and a positive attitude toward the country's well-being—at the time they were naturalized.
Key Provisions
- Expanded Grounds for Denaturalization: Adds new reasons under Section 340 of the Immigration and Nationality Act (INA) to revoke citizenship through civil court proceedings (not criminal trials). These include:
- Terrorist Affiliation (New Subsection d): If a naturalized citizen, within 10 years of gaining citizenship, associates with, helps, or conspires with a foreign terrorist organization (as defined by law, e.g., groups like drug cartels designated under federal anti-terrorism rules), this is automatic strong evidence (called "prima facie" evidence) that their citizenship was invalid from the start due to hiding facts or lying during the application.
- Government Fraud (New Subsection e): If convicted of, or admitting to, defrauding federal, state, local, or tribal governments of at least $10,000 in benefits (e.g., public assistance programs), and the fraud started within 10 years of naturalization, this serves as prima facie evidence of invalid citizenship for the same reasons.
- Serious Crimes or Espionage (New Subsection f): If convicted of, or admitting to, an "aggravated felony" (a severe crime like murder or drug trafficking that makes non-citizens deportable) or specific espionage offenses (e.g., spying under federal laws like 18 U.S.C. §§ 792–798), with acts occurring within 10 years of naturalization, this is prima facie evidence of invalid citizenship.
- Time Limit and Fallback Rule (New Subsection g): The 10-year window applies, but if courts rule it unconstitutional, it automatically shortens to 5 years, based on an old Supreme Court case (Luria v. United States, 1913).
- Effects of Revocation (New Subsection h): Denaturalization is retroactive, meaning citizenship is treated as never valid from its original date. The person becomes removable (deportable) through fast-track proceedings, ignoring their current immigration status or how much time has passed since naturalization.
- Authority and Process: Adds the Attorney General (head of the Department of Justice) alongside other officials to initiate these cases. Existing INA subsections are renumbered.
- Severability Clause (Section 5): If any part is ruled unconstitutional, the rest of the law stays in effect.
The bill also includes congressional findings emphasizing citizenship duties and Supreme Court quotes supporting revocation for fraud or ineligibility, plus a statement criticizing a 1964 Supreme Court ruling (Costello v. INS) for limiting denaturalization effects.
Significant Changes to Existing Law
- Broadens Evidence Standard: Current law (INA § 340) mainly allows denaturalization for fraud or concealment directly in the naturalization application or for certain memberships (e.g., totalitarian groups) before naturalization. This bill treats post-naturalization acts (within 10 years) as automatic proof of prior ineligibility, making revocation easier without needing to prove application fraud separately.
- Adds New Categories: Introduces specific grounds for terrorist ties, government benefit fraud, and espionage/aggravated felonies not explicitly covered before as retroactive disqualifiers.
- Enhances Enforcement: Gives the Attorney General explicit authority to start proceedings and mandates expedited deportation post-revocation, overriding some past court interpretations that limited retroactive effects or removal options.
- Time-Bound Approach: Imposes a 10-year (or 5-year fallback) limit on qualifying acts, which is new and aims to balance enforcement with fairness, drawing from historical precedents.
Potential Impacts
- On Government Agencies: Empowers the Department of Justice (DOJ) and Department of Homeland Security (DHS, including Immigration and Customs Enforcement) with clearer tools and faster processes for denaturalization and deportation, potentially increasing caseloads but streamlining national security and fraud cases.
- On Citizens: Naturalized U.S. citizens (about 20 million people) face higher risk of losing citizenship and being deported for specified acts, even if committed after naturalization. This could deter fraud or crime but may create fear in immigrant communities.
- On International Relations: Minimal direct impact, but could strain ties with countries whose nationals are targeted (e.g., if applied to terrorism or espionage cases involving foreign governments), signaling stronger U.S. immigration enforcement.
Main Stakeholders Affected
- Naturalized Citizens: Primary targets, especially recent ones (within 10 years) involved in fraud, terrorism, or serious crimes; they risk losing rights like voting, family sponsorship, and protection from deportation.
- U.S. Government Agencies: DOJ (prosecutions), DHS (enforcement and removal), and benefit programs (e.g., Social Security, welfare agencies) gain authority but may need more resources.
- Immigrant and Advocacy Groups: Organizations like the ACLU or immigrant rights nonprofits may challenge the law in court, affecting broader communities.
- Victims of Fraud or Security Threats: Taxpayers and the public benefit indirectly from reduced abuse of benefits and enhanced security.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Shifts the burden in court by using "prima facie" evidence, making it harder for individuals to defend citizenship. References Supreme Court cases (e.g., Johannessen v. United States, 1912) to justify retroactivity, but the bill's critique of Costello v. INS (1964) invites challenges over due process and evidence rules.
- Constitutional Implications: Raises questions about ex post facto laws (punishing past acts retroactively), equal protection (targeting naturalized vs. birthright citizens), and due process rights under the 5th and 14th Amendments. The 10-year fallback addresses potential time-limit issues, but retroactive voiding of citizenship could be seen as overly punitive. No direct impact on free speech or association, but terrorism provisions might indirectly chill them.
- Political Implications: Reflects a tough stance on immigration fraud and national security, introduced by Republican lawmakers in a divided Congress. Could fuel debates on citizenship integrity vs. immigrant rights, potentially influencing future elections or policy in a polarized environment. The severability clause protects against partial invalidation, ensuring core expansions survive court scrutiny.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (52)
Rep. Stauber, Pete [R-MN-8], Rep. Fischbach, Michelle [R-MN-7], Rep. Finstad, Brad [R-MN-1], Rep. Gooden, Lance [R-TX-5], Rep. Nehls, Troy E. [R-TX-22], Rep. Roy, Chip [R-TX-21], Rep. Alford, Mark [R-MO-4], Rep. Mace, Nancy [R-SC-1], Rep. Baird, James R. [R-IN-4], Rep. McGuire, John J. [R-VA-5], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Donalds, Byron [R-FL-19], Rep. Rogers, Mike D. [R-AL-3], Rep. Gill, Brandon [R-TX-26], Rep. Palmer, Gary J. [R-AL-6], Rep. Van Duyne, Beth [R-TX-24], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Gosar, Paul A. [R-AZ-9], Rep. Kennedy, Mike [R-UT-3], Rep. Guest, Michael [R-MS-3], Rep. Moore, Barry [R-AL-1], Rep. Bean, Aaron [R-FL-4], Rep. Hunt, Wesley [R-TX-38], Rep. Patronis, Jimmy [R-FL-1], Rep. Jack, Brian [R-GA-3], Rep. Moore, Tim [R-NC-14], Rep. Rose, John W. [R-TN-6], Rep. Self, Keith [R-TX-3], Rep. Crane, Elijah [R-AZ-2], Rep. Bost, Mike [R-IL-12], Rep. Norman, Ralph [R-SC-5], Rep. Shreve, Jefferson [R-IN-6], Rep. Luna, Anna Paulina [R-FL-13], Rep. Timmons, William R. [R-SC-4], Rep. McDowell, Addison P. [R-NC-6], Rep. Jackson, Ronny [R-TX-13], Rep. Collins, Mike [R-GA-10], Rep. Goldman, Craig A. [R-TX-12], Rep. Williams, Roger [R-TX-25], Rep. Wilson, Joe [R-SC-2], Rep. Scott, Austin [R-GA-8], Rep. Burchett, Tim [R-TN-2], Rep. Strong, Dale W. [R-AL-5], Rep. Letlow, Julia [R-LA-5], Rep. Harris, Mark [R-NC-8], Rep. Grothman, Glenn [R-WI-6], Rep. Biggs, Sheri [R-SC-3], Rep. Miller, Mary E. [R-IL-15], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Brecheen, Josh [R-OK-2] and 2 more
Recent Actions
- 2026-01-20: Referred to the House Committee on the Judiciary.
- 2026-01-20: Introduced in House
- 2026-01-20: Introduced in House
Bill Versions
- Stop Citizenship Abuse and Misrepresentation Act — issued 2026-01-20 — PDF (12 pages)