claimed “without exception” that harsh and lengthy interrogations by consular staff had
resulted in coerced confessions to immigration fraud.533 The practice affected naturalized
citizens of the United States, “many of whom had been . . . living in the United States for
decades.”534 According to legal aid groups, Yemeni-Americans caught up in these practices
reported that the State Department officials interrogating them directly attributed their
conduct to blanket assumptions: “all Yemenis lie about their names and family relations.”535
Passport confiscation is a legal term, and
by law, passports can be confiscated only
after a formal process of passport revocation invalidates a passport (as explained in
the boxes at right). Passport confiscation
from naturalized Americans without
following procedures for formal revocation
amounts to an end-run around the limited
due process guarantees provided in U.S.
law.536 The scheme also avoids the elaborate denaturalization procedures detailed
in the previous chapter.537 YemeniAmericans in Yemen thus found themselves in a kind of legal vacuum, in this
case because the State Department,
without legal authority and in fact contrary
to the law, spontaneously implemented a
discretionary documentation regime based
on national origin.
As one critic has noted:
By choosing to take aggressive
administrative action on a large
scale in Yemen, the State
Department has achieved an
outcome—with naturalized citizens
stripped of their U.S. passports,
stranded beyond U.S. borders, and
unable to avail themselves of due
privileges and protections—that
could normally be achieved only
through denaturalization.538
Retention
Retention is temporary. The
Foreign Affairs Manual “does not
place any specific time limits on
how long a passport may be
retained by the Department [of
State].” “There is likewise no
specific guidance drawing
distinctions between passports
that are retained within the
United States and those that are
retained overseas.” – DHS, Office
of Inspector General
Revocation
Revocation is the formal process
for invalidating a passport. The
Foreign Affairs Manual requires
the Department of State to send
a formal notification to the
passport holder including notice
of the right to appeal.
Confiscation
Confiscation of a passport is
only permitted after revocation
or pursuant to an arrest.
III. Denial and revocation of documentation of U.S. citizenship
121
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