A Hollow Remedy: An In-Depth Analysis of 8 U.S.C. §§ 1503(b) and (c) in Practice This is the text of the sections of 8 U.S.C. § 1503 that are applied to an individual whose passport is denied or revoked while they are abroad. This provision entails significant costs and may be impossible due to family, health, economic or other reasons. According to the City University of New York’s CLEAR project and the DOS-OIG report, this requirement was systematically not being followed in practice in the cases of Yemeni-Americans examined. (b) Application for certificate of identity; appeal If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Secretary of State shall prescribe rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent. This section was narrowed in the 1952 INA – it used to be required that the officer would issue such proof. See 12 ALR Fed. 2d 501 § 2 (“It was expressly provided that such certificate of identity should not be denied solely on the ground that such person had lost his status as a national of the United States.”) 140 Excludes individuals who have never traveled to the U.S. and are over 16. UNMAKING AMERICANS

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