H.R. 7156 — SCAM Act

This section states nine congressional findings concerning the duties of naturalized U.S. citizens, including that convictions for fraud against a governmental program, affiliation with a foreign terrorist organization (e.g., a drug cartel), or an aggravated felony after naturalization demonstrate lack of good moral character, attachment to constitutional principles, and disposition toward the good order and happiness of the United States both at the time of conviction and naturalization. It expresses the sense of Congress that the Supreme Court misconstrued the effects of denaturalization under 8 U.S.C. §1451 in Costello v. INS (376 U.S. 120 (1964)), for reasons stated in the concurring opinion in Castillo v. Bondi (140 F.4th 777 (6th Cir. 2025) (Thapar, J., concurring)).

This section declares the purpose of the Act to expand and clarify grounds for civil denaturalization proceedings against naturalized citizens who, at the time of naturalization, lacked good moral character, attachment to the U.S. Constitution, or disposition to the good order and happiness of the United States—as demonstrated by defrauding a governmental program, affiliating with a foreign terrorist organization, or committing certain criminal offenses.

This section authorizes the Attorney General, in addition to U.S. attorneys, to institute denaturalization proceedings under INA §340(a) (8 U.S.C. 1451(a)) and inserts new subsections (d) through (h) establishing prima facie evidence for revoking naturalization—effective retroactively to the original date of the order and certificate—if, within 10 years of naturalization, the person (1) associates with, conspires with, aids, or abets a foreign terrorist organization designated under INA §219(a); (2) is convicted of, or admits to, defrauding the federal, state, local, or tribal government of at least $10,000 (e.g., federal or state/local public benefits); or (3) is convicted of, or admits to, an aggravated felony or specified espionage offense (e.g., 18 U.S.C. §§792, 793, 794, 798, 951, 1030(a)(1), 1831, 1832). Such conduct serves as sufficient evidence that the person lacked good moral character, attachment to the principles of the U.S. Constitution, and disposition to the good order and happiness of the United States at naturalization (per INA §316)—grounds for deeming the naturalization order procured by concealment of material fact or willful misrepresentation. (Thus, denaturalized persons become removable via expedited proceedings under INA §238, regardless of post-denaturalization status or time elapsed since naturalization.) If any 10-year period is held unconstitutional, subsection (g) deems it a 5-year period consistent with Luria v. United States, 231 U.S. 27 (1913).

This section establishes a severability clause, providing that if any provision of the Act or its amendments is held unconstitutional as applied to any person or circumstance, the remaining provisions and their applications to other persons or circumstances are unaffected.