S. 3674 — SCAM Act

This section states congressional findings on the duties of naturalized United States citizens, the statutory requirements of good moral character and attachment to the Constitution, and the implications of convictions for fraud against government programs, aggravated felonies, or affiliations with foreign terrorist organizations for naturalization eligibility and denaturalization. It also expresses the sense of Congress that the Supreme Court misconstrued the effects of denaturalization under section 340 of the Immigration and Nationality Act in Costello v. INS.

This section states the purpose of the Act to expand and clarify the grounds for civil denaturalization proceedings against individuals shown to have defrauded a governmental program, affiliated with a foreign terrorist organization, or committed certain criminal offenses demonstrating lack of good moral character, attachment to the Constitution, and disposition to the good order and happiness of the United States at the time of naturalization.

This section expands and clarifies grounds for denaturalization under section 340 of the Immigration and Nationality Act by authorizing the Attorney General to initiate proceedings and by adding three new bases for revocation within 10 years of naturalization. It provides that association with, conspiracy with, aid to, or abetment of a foreign terrorist organization designated under section 219(a) constitutes prima facie evidence that the individual lacked good moral character, attachment to the Constitution, and disposition to the good order and happiness of the United States at the time of naturalization, resulting in retroactive revocation of citizenship and cancellation of the certificate of naturalization. It further establishes that conviction of, or admission to, fraud against the Federal Government, a State, local, or tribal government involving at least $10,000 (including public benefits fraud under 8 U.S.C. 1611(c) or 1621(c)) during the same 10-year period, or conviction of an aggravated felony or specified espionage offenses (including those under 18 U.S.C. 792–798, 951, 1030(a)(1), 1831–1832, 2152–2156, or 50 U.S.C. 783, 3121), likewise constitutes prima facie evidence for such revocation. If the 10-year period is held unconstitutional, the provision automatically substitutes a 5-year period consistent with Luria v. United States, 231 U.S. 27 (1913). Denaturalization under these provisions takes effect retroactively to the original date of naturalization and renders the individual removable through expedited proceedings under section 238, regardless of subsequent immigration status.

This section provides a severability clause stating that if any provision of the Act, or any amendment made by the Act, is held unconstitutional as applied to a particular person or circumstance, the remaining provisions and amendments shall continue in effect.