In the wake of the massive Somali-fraud scandal out of Minnesota and other states, President Donald Trump wants to denaturalize American immigrants convicted of crimes and deport them, but the current legal framework and federal bureaucracy make such sweeping denaturalization efforts difficult to achieve quickly.
“I would do it in a heartbeat if they were dishonest,” Trump told the New York Times earlier this month. “I think that many of the people that came in from Somalia, they hate our country.”
Existing federal law provides limited pathways for revoking the citizenship of naturalized citizens. Under the Immigration and Nationality Act the government can denaturalize individuals who obtained citizenship through fraud, misrepresentation, or the concealment of material facts during the naturalization process. The law does not allow automatic revocation based solely on crimes committed after naturalization. Current denaturalization proceedings require civil lawsuits filed by the Department of Justice in federal court or criminal prosecutions for naturalization fraud, both demanding individualized evidence, extensive litigation, and meeting high burdens of proof. Civil cases require “clear, convincing, and unequivocal evidence,” while criminal prosecutions demand proof beyond a reasonable doubt.
Sen. Eric Schmitt (R-Mo.) has proposed a solution to this problem. He’s introduced the Stop Citizenship Abuse and Misrepresentation (SCAM) Act in the Senate to expand federal denaturalization authority. The legislation creates a 10-year window after naturalization during which citizens who commit specified crimes could face citizenship revocation and deportation. Among those offenses are welfare fraud exceeding $10,000, aggravated felonies, espionage, and joining terrorist organizations, a category the bill explicitly extends to gangs and drug cartels. The measure also lowers the threshold for federal authorities to begin denaturalization proceedings by broadening the legal grounds beyond fraud committed during the citizenship application process.
The bill even includes a fallback provision that automatically reduces the revocation window from ten years to five years if courts strike down the longer period as unconstitutional.
Hellbound and Down 