,,ii ,calendar ,no4 #cja #aaith ,,congress #b;d ,session ,s4 #cfgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjbf,mr4 ,schmitt introduced the following bill2 which was read the first time ,january #bf1 #bjbf,read the second time and placed on the calendar ,a ,,bill ,to expand and clarify the grounds for civil denaturalization proceedings for individuals who have defrauded a governmental program1 joined a terrorist organization1 or committed certain criminal offenses4 #a4 ,short titles ,this ,act may be cited as the ,stop ,citizenship ,abuse and ,misrepresentation ,act or the ,,scam ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,becoming a naturalized ,united ,states citizen means not only having the right to live and work in the ,united ,states and gaining access to various social1 economic1 and political benefits1 but also accepting sacred duties and obligations to our ,nation4 7#b7 ,in recent years1 many naturalized citizens have betrayed those sacred duties and obligations1 eschewed responsible citizenship1 and instead viewed their new citizenship status as a purely administrative benefit granting them access to privileges1 immunities1 and benefits they can leverage for their own personal gain4 7#c7 ,naturalization is a long-standing1 time-honored1 and essential ,american tradition4 7#d7 ,an applicant wishing to become a citizen of the ,united ,states must demonstrate1 at the time of naturalization1 that he or she is-- 7,a7 a person of good moral character2 7,b7 attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 well disposed to the good order and happiness of the ,united ,states4 7#e7 ,any person who has been convicted of fraud against a governmental program demonstrates moral turpitude and any person who has been convicted of fraud against a governmental program after being extended the privilege of ,united ,states citizenship demonstrates1 both at the time of such conviction and at the time of his or her naturalization1 that he or she is not and was not-- 7,a7 a person of good moral character2 7,b7 attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 well disposed to the good order and happiness of the ,united ,states4 7#f7 ,any person who affiliates with a foreign terrorist organization1 such as a drug cartel1 or engages in espionage puts our ,nation's security at great risk of degradation and any person who affiliates with a foreign terrorist organization or engages in espionage after being extended the privilege of ,united ,states citizenship demonstrates1 both at the time of such affiliation or espionage and at the time of his or her naturalization1 that he or she is not and was not-- 7,a7 a person of good moral character2 7,b7 attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 well disposed to the good order and happiness of the ,united ,states4 7#g7 ,any alien who has been convicted of an aggravated felony is deportable and designated as permanently ineligible for naturalization and any person who has been convicted of an aggravated felony after being extended the privilege of ,united ,states citizenship demonstrates1 both at the time of such conviction and at the time of his or her naturalization1 that he or she is not and was not-- 7,a7 a person of good moral character2 7,b7 attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 well disposed to the good order and happiness of the ,united ,states4 7#h7 ,as the ,supreme ,court has noted3 ,an alien has no moral nor constitutional right to retain the privileges of citizenship if1 by false evidence or the like1 an imposition has been practiced upon the court1 without which the certificate could not and would not have been issued4 7,johannessen v4 ,united ,states1 #bbe ,u4,s4 #bbg1 #bda 7#aiab774 7#i7 ,the ,supreme ,court has also explained3 ,no alien has the slightest right to naturalization unless all statutory requirements are complied with2 and every certificate of citizenship must be treated as granted upon condition that the government may challenge it 4 4 4 and demand its cancelation unless issued in accordance with such requirements4 ,if procured when prescribed qualifications have no existence in fact1 it is illegally procured 4 4 4 4 7,united ,states v4 ,ginsberg1 #bdc ,u4,s4 #dgb1 #dge 7#aiag774 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,supreme ,court1 in ,costello v4 ,,ins1 #cgf ,u4,s4 #abj 7#aifd71 misconstrued the effects of denaturalization under section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7 for the reasons stated in the concurring opinion in ,castillo v4 ,bondi1 #adj ,f4#dth #ggg 7#fth ,cir4 #bjbe7 7,thapar1 ,j41 concurring74 #c4 ,purpose ,the purpose of this ,act is to expand and clarify the grounds for the ,united ,states to pursue civil denaturalization proceedings against individuals who have proven1 by defrauding a governmental program1 affiliating with a foreign terrorist organization1 or committing certain criminal offenses1 that1 at the time they were naturalized1 they lacked the good moral character1 attachment to the ,constitution of the ,united ,states1 and disposition to the good order and happiness of the ,united ,states that our ,nation demands of those who desire to become naturalized citizens4 #d4 ,expanding and clarifying denaturalization for individuals who lack good moral character and an attachment to the ,constitution of the ,united ,states and are not well disposed to the good order and happiness of the ,united ,states ,section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7 is amended-- 7#a7 in subsection 7a71 by inserting the ,attorney ,general or after ,it shall be the duty of2 7#b7 by redesignating subsections 7d71 7e71 7f71 7g71 and 7h7 as subsections 7i71 7j71 7k71 7l71 and 7m71 respectively2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,membership in foreign terrorist organization ,if a person1 during the #aj-year period beginning on the date on which he or she was naturalized under this chapter1 associates with1 conspires with1 aids1 or abets any foreign terrorist organization 7as designated under section #bai7;a771 such action shall be considered prima facie and sufficient evidence that-- 7#a7 such person1 at the time of his or her naturalization-- 7,a7 was not a person of good moral character2 7,b7 was not attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 was not well disposed to the good order and happiness of the ,united ,states2 7#b7 the order admitting such person to citizenship-- 7,a7 was obtained by concealment of a material fact or by willful misrepresentation2 and 7,b7 shall be revoked and set aside1 along with the cancellation of his or her certificate of naturalization2 and 7#c7 such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate1 respectively4 7e7 ,defrauding ,federal1 ,state1 local1 or tribal governments ,if a person who has been naturalized under this chapter is convicted of1 admits to having committed1 or admits to committing acts constituting the essential elements of1 an offense involving fraud1 an attempt to defraud1 or conspiracy to defraud the ,federal ,government1 a ,state government1 a local government1 or a tribal government 7such as defrauding the ,united ,states ,government of a ,federal public benefit 7as defined in section #dja of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;c77 or defrauding a ,state or local government of a ,state or local public benefit 7as defined in section #daa7;c7 of such ,act 7#h ,u4,s4,c4 #afba7;c7771 of at least #aj1jjj1 and any act or acts leading to such conviction or admission began or occurred during the #aj-year period beginning on the date of his or her naturalization1 such conviction or admission shall be considered prima facie and sufficient evidence that-- 7#a7 such person1 at the time of his or her naturalization-- 7,a7 was not a person of good moral character2 7,b7 was not attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 was not well disposed to the good order and happiness of the ,united ,states2 7#b7 the order admitting such person to citizenship-- 7,a7 was obtained by concealment of a material fact or by willful misrepresentation2 and 7,b7 shall be revoked and set aside1 along with the cancellation of his or her certificate of naturalization2 and 7#c7 such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate1 respectively4 7f7 ,committing an aggravated felony or espionage offense ,if a person who has been naturalized under this chapter is convicted of1 admits to having committed1 or admits to committing acts constituting the essential elements of1 an aggravated felony or espionage offense 7including any offense described in section #gib1 #gic1 #gid1 #gie1 #gif1 #gig1 #gih1 #iea1 #ajcj7;a77#a71 #ahca1 #ahcb1 #baeb1 #baec1 #baed1 #baee1 or #baef of title #ah1 ,united ,states ,code2 or an offense described in section #ghc or #caba of title #ej1 ,united ,states ,code71 and any act or acts leading to such conviction or admission began or occurred during the #aj-year period beginning on the date on which he or she was naturalized1 such conviction or admission shall be considered prima facie and sufficient evidence that-- 7#a7 such person1 at the time of his or her naturalization-- 7,a7 was not a person of good moral character2 7,b7 was not attached to the principles of the ,constitution of the ,united ,states2 and 7,c7 was not well disposed to the good order and happiness of the ,united ,states2 7#b7 the order admitting such person to citizenship-- 7,a7 was obtained by concealment of a material fact or by willful misrepresentation2 and 7,b7 shall be revoked and set aside1 along with the cancellation of his or her certificate of naturalization2 and 7#c7 such revocation and setting aside of such admission order and such cancellation of such certificate of naturalization shall be effective as of the original date of such order and certificate1 respectively4 7g7 ,fallback provision ,if the #aj-year period set forth in subsection 7d71 7e71 or 7f7 is held to be unconstitutional or constitutionally insufficient by final judicial decision1 for purposes of interpreting this ,act-- 7#a7 such #aj-year period shall be deemed to be a #e-year period1 consistent with the published judicial opinion in ,luria v4 ,united ,states1 #bca ,u4,s4 #bg 7#aiac72 and 7#b7 every court of the ,united ,states shall construe such period to be #e years4 7h7 ,effects of denaturalization 7#a7 ,effective date ,the revocation and setting aside of a person's admission order and cancellation of the person's certificate of naturalization under this section shall be effective as of the original date of such order and certificate1 respectively4 ,such denaturalization shall have retroactive effect1 and the certificate of naturalization shall be treated as void from the date on which it was issued4 7#b7 ,removability ,any person whose certificate of naturalization is cancelled under this section shall be removable pursuant to expedited proceedings described in section #bch1 regardless of-- 7,a7 the person's immigration status after denaturalization2 and 7,b7 the time that has elapsed since the date on which such person was naturalized4 4 #e4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any particular person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act and amendments made by this ,act1 and the application of such provisions and amendments to any other person or circumstance1 shall not be affected4 ,january #bf1 #bjbf,read the second time and placed on the calendar