Stop Citizenship Abuse and Misrepresentation Act; SCAM Act
Summary
The Stop Citizenship Abuse and Misrepresentation Act (SCAM Act) aims to expand and clarify the grounds for civil denaturalization proceedings. It targets individuals who have defrauded a governmental program, joined a terrorist organization, or committed certain criminal offenses after becoming naturalized citizens. The bill seeks to ensure that naturalized citizens uphold their duties and obligations to the United States.
Expected Effects
If enacted, the SCAM Act would allow the Attorney General to pursue denaturalization more easily in cases of fraud, terrorism, or specific criminal activities. It would also retroactively void the citizenship of individuals found to have misrepresented themselves or concealed material facts during the naturalization process. This could lead to the removal of these individuals from the United States.
Potential Benefits
- Strengthened national security by removing individuals who affiliate with terrorist organizations.
- Reduced fraud against government programs by deterring abuse of citizenship.
- Reinforced the integrity of the naturalization process by ensuring adherence to good moral character and constitutional principles.
- Increased public safety by removing individuals convicted of aggravated felonies or espionage.
- Upholding the value of citizenship by ensuring it is not treated as a mere administrative benefit.
Potential Disadvantages
- Potential for overreach and targeting of individuals based on minor offenses or associations.
- Risk of due process violations if denaturalization proceedings are not conducted fairly.
- Could create fear and distrust within naturalized citizen communities.
- May lead to the separation of families if naturalized citizens are deported.
- Potential for discriminatory enforcement based on ethnicity or national origin.
Constitutional Alignment
The SCAM Act raises constitutional concerns related to due process and equal protection under the Fifth and Fourteenth Amendments. While the government has the power to set naturalization requirements, denaturalization proceedings must adhere to constitutional safeguards. The retroactive nature of the bill's provisions may also raise ex post facto concerns, although denaturalization is generally considered a civil rather than criminal penalty. The Supreme Court cases cited in the bill, Johannessen v. United States and United States v. Ginsberg, support the government's authority to challenge citizenship obtained through fraud or misrepresentation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).