S. 3674 & H.R.7156 - SCAM Act
H.R. 7156 was introduced on January 20 , 2026 by Representative Tom Emmer (R-MN-6). It is currently pending before the House Judiciary Committee , and has 42 co-sponsors on a partyline basis.
S. 3674 was introduced on January 15, 2026 by Senator Eric Schmidt (R-MO). It has been placed on the Senate Legislative Calendar under calendar No. 301 and has 5 co-sponsors on a partyline basis.
Related legislation: N/A
Bill Summary: S. 3674 and H.R. 7156 amend the Immigration and Nationality Act to broaden federal authority to revoke U.S. citizenship obtained through fraud, misrepresentation, serious criminal conduct, or affiliation with foreign terrorist organizations (FTOs). It establishes that individuals who, within ten years of naturalization, associate with, conspire with, aid, or abet an FTO designated under federal law may be presumed to have lacked the required good moral character, attachment to constitutional principles, and proper disposition toward the United States at the time of naturalization. Such affiliation is treated as prima facie evidence that citizenship was unlawfully obtained, even if the conduct did not result in a criminal conviction. These bills further provide that denaturalization may be pursued based on evidence of terrorist association, espionage, or major fraud against government programs without requiring a prior criminal judgment. It authorizes revocation where citizenship was obtained through concealment of material facts or willful misrepresentation, including failure to disclose involvement with designated organizations or unlawful activities.
Context: S. 3674 and H.R. 7156 shift the burden of proof in cases involving alleged support for a foreign terrorist organization from the government to the naturalized American citizen, requiring individuals to disprove allegations rather than requiring the government to establish guilt. An allegation of FTOs support (which may take a form as general as expressing political speech generally aligned with the objectives of an FTO), supported by limited civil evidence, may be sufficient to initiate denaturalization proceedings even in the absence of a criminal conviction.
For individuals who advocate for Palestinian human rights or self-determination, S. 3674 and H.R. 7156 raise particular First Amendment concerns. They allow the Attorney General to characterize protected activities, such as criticizing Israeli government policies, protesting West Bank settlements, participating in boycotts, or opposing the reported atrocities committed by the Israeli government in Gaza, as aiding or abetting designated organizations. As a result, naturalized citizens could face loss of citizenship for engaging in lawful political speech and protest, effectively permitting denaturalization as a tool to suppress constitutionally protected expression. Under these vague standards, constitutionally protected speech, protest, or political advocacy could be construed as providing support to an FTO, depending on the Attorney General’s interpretation. By relying on prima facie evidence rather than the criminal standard of proof beyond a reasonable doubt, or even a preponderance of the evidence, these bills permit denaturalization based on presumptions rather than judicial findings of guilt.
American Values Analysis: S. 3674 and H.R. 7156 conflict with core American values embodied in the First Amendment and the principle of due process by relying on broad and undefined standards and shifting the burden of proof onto the individual, and permits the loss of citizenship based on executive interpretation rather than judicial determination.
American Interest Analysis: At a time of heightened political polarization and rising political violence, S. 3674 and H.R. 7156 risk further destabilizing public trust by expanding executive authority to label American citizens as supporters of terrorism and strip them of citizenship without adjudication by a jury of their peers weakening confidence in the rule of law.
A New Policy’s Recommendation: OPPOSE
A New Policy opposes S. 3674 and H.R. 7156 because they empower the Executive Branch to denaturalize American citizens based on subjective interpretations of constitutionally protected speech related to Palestinian human rights and alleged support for foreign terrorist organizations. H.R. 7156 and S.3674 discourage civic engagement by signaling that political advocacy that does not align with Executive Branch policies may result in the loss of fundamental constitutional protections.
For more information please contact: Tariq Habash, (202) 770-0055, info@anewpolicy.org
