Hearings to examine protecting American citizenship, focusing on denaturalization and its constitutional limits

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary Subcommittee on Constitution · June 3, 2026 · 119th Congress
The Senate Judiciary Subcommittee on the Constitution held this hearing to examine the legal and constitutional limits on denaturalization — the revocation of citizenship from naturalized Americans — and to consider Chair Schmitt's SCAM Act, which would expand grounds for denaturalization and tie it to deportation. Begins at ▶ 0:25:23
Transcript
Highlights

Title

Debate over expanding denaturalization powers and the SCAM Act

Purpose

The Senate Judiciary Subcommittee on the Constitution held this hearing to examine the legal and constitutional limits on denaturalization — the revocation of citizenship from naturalized Americans — and to consider Chair Schmitt's SCAM Act, which would expand grounds for denaturalization and tie it to deportation. Witnesses included Ken Cuccinelli (Center for Renewing America), George Fishman (Center for Immigration Studies), and Prof. Peter Spiro (Temple Law), who debated the proper evidentiary standard, constitutional constraints, and recent terrorism-related denaturalization cases. The hearing occurred amid broader disputes between committee Republicans and Democrats over the Trump administration's immigration enforcement. Begins at▶ 0:25:23

Who spoke

• Chair Eric Schmitt (R-MO)▶ 0:25:23: Opened by arguing fraud has "desecrated" citizenship and cited the Feeding Our Future scandal and terrorism convictions among naturalized citizens▶ 0:28:21▶ 0:28:46; introduced the SCAM Act to expand denaturalization grounds from 5 to 10 years and tie it to deportation▶ 0:30:41▶ 1:10:28; later sharply clashed with Sen. Hirono, defending the bill as targeting only convicted criminals▶ 1:21:27.

• Ranking Member Peter Welch (D-VT)▶ 0:33:43: Said this was the panel's third "Protecting American Citizenship" hearing and criticized the administration's broader immigration crackdown, including detentions of legal residents and U.S. citizens▶ 0:34:31▶ 0:34:58; said he supports denaturalizing fraud but not punishing conduct occurring after naturalization▶ 0:37:53▶ 0:40:09.

• Sen. Dick Durbin (D-IL)▶ 0:40:40: Invoked his mother's naturalization certificate▶ 0:41:40; warned the hearing echoes the McCarthy-era targeting of Harry Bridges, whom the Supreme Court twice protected from denaturalization▶ 0:43:34▶ 0:44:02; noted only 160 people were denaturalized in Trump's first term▶ 0:44:57.

• Ken Cuccinelli, Center for Renewing America (former acting USCIS/DHS Deputy Secretary)▶ 0:50:00: Described the Clinton-era Citizenship USA program processing 180,000 applications without proper FBI fingerprint checks▶ 0:50:58; detailed the Old Dominion ROTC shooting and the Mirsad Ramic/ISIS case as failures of vetting▶ 0:52:06▶ 0:53:06; argued the burden of proof has effectively flipped onto the government rather than the applicant▶ 1:37:07.

• Prof. Peter Spiro, Temple Law▶ 0:55:37: Argued denaturalization requires "clear, unequivocal and convincing evidence" and that using post-naturalization conduct to infer fraud is "crystal ball justice"▶ 0:57:22▶ 0:59:10; warned the SCAM Act raises First Amendment concerns and sends 25 million naturalized citizens a message their status is insecure▶ 0:59:43▶ 1:00:38; called the effort "largely a sideshow" given how rarely denaturalization succeeds▶ 1:19:40.

• George Fishman, Center for Immigration Studies▶ 1:01:09: Noted naturalized citizens are not currently second-class under the law but can be denaturalized for illegal procurement or willful misrepresentation▶ 1:02:24; explained the existing five-year rebuttable presumption for joining subversive groups traces to the Internal Security Act of 1950▶ 1:04:11▶ 1:04:39.

• Sen. Mike Lee (R-UT)▶ 1:08:08: Cited the Naturalization Acts of 1790 and 1795 requiring good moral character and constitutional attachment▶ 1:08:49; pressed Cuccinelli on whether cartel affiliation should count toward denaturalization like ISIS affiliation▶ 1:10:55.

• Sen. Mazie Hirono (D-HI)▶ 1:14:03: Called the hearing "bizarre," noting she is the only naturalized citizen on the committee▶ 1:16:28; said the SCAM Act's 100-200 monthly denaturalization case quota and welfare-fraud provisions could sweep up ordinary citizens, not just terrorists▶ 1:20:33▶ 1:21:01.

• Sen. Marsha Blackburn (R-TN)▶ 1:33:05: Promoted her companion Fraud Accountability Act, which would make any fraud against government or citizens a denaturalizing and deportable offense triable in any federal court▶ 1:34:07.

• Sen. Ted Cruz (R-TX)▶ 1:42:34: Walked Cuccinelli and Fishman through a DOD/DHS finding that 148 individuals convicted of terrorism became naturalized citizens▶ 1:49:24; highlighted the Austin, Texas shooting by a naturalized citizen from Senegal who killed three▶ 1:44:57; criticized Biden-era civics test rules requiring only 6 of 10 questions correct via tablet, without spoken English▶ 1:47:06▶ 1:47:32.

Key moments

• Schmitt cited a 2016-convicted naturalized terrorist released in 2024 who then killed someone in an ROTC classroom attack, arguing denaturalization and deportation could have prevented it▶ 0:32:02▶ 0:32:33.

• Cuccinelli detailed the Mirsad Ramic case: naturalized in 2009 despite refusing the oath of allegiance and reciting an Islamic oath cursing "nonbelievers," he later joined ISIS▶ 0:53:06▶ 0:53:31; Cruz and Schmitt both pressed witnesses on this case at length▶ 1:23:59▶ 1:48:24.

• Cuccinelli said Operation Janus found roughly 315,000 cases with missing fingerprint data, including at least 858 individuals with deportation orders who naturalized under false identities▶ 0:51:41; Cruz cited the same 858 figure independently▶ 1:44:40.

• Spiro argued relating post-naturalization conduct back to the naturalization date is "crystal ball justice" and would require asking how officials would have judged an applicant's character based on conduct that hadn't yet occurred▶ 0:58:40▶ 0:59:10.

• Durbin invoked the 1950s McCarthy-era campaign against Harry Bridges, noting the Supreme Court ruled in his favor twice against denaturalization on political grounds▶ 0:44:02.

• Sharp exchange: Hirono called the hearing "bizarre" and warned the SCAM Act's fraud provisions could target ordinary naturalized citizens for welfare fraud, not just terrorists▶ 1:20:33; Schmitt responded by calling her comments "astounding" and accused her of "defending violent murderers"▶ 1:21:27▶ 1:21:50.

• Cruz established that under the Biden administration, applicants needed only 6 of 10 civics questions correct (60%) via multiple-choice tablet, without speaking English, calling it "a rubberstamp"▶ 1:47:06▶ 1:47:32.

• Cuccinelli said a joint DOD/DHS report found at least 148 individuals convicted of terrorism became naturalized U.S. citizens, calling that number "the floor, not the ceiling"▶ 1:49:24▶ 1:50:10.

• Welch and Spiro established that denaturalization for fraud, including fraud by omission, remains available under current law, and that historically the number of denaturalization cases under both parties has been "exceedingly small"▶ 1:31:35▶ 1:32:16.

• Cuccinelli cited the Austin, Texas shooter and the Clinton administration's Citizenship USA program (180,000 applications processed without fingerprint checks, 80,000 generating unreviewed criminal records) as evidence of systemic vetting failure▶ 0:50:58▶ 1:45:19.

Metadata

CommitteeSenate Judiciary Subcommittee on Constitution
Chamber / CongressSenate · 119th Congress
DateJune 3, 2026
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript281 caption blocks · 10,806 words · 1:53:14 runtime
EventCongress.gov 338507