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.”)
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Excludes individuals who
have never traveled to the
U.S. and are over 16.
UNMAKING AMERICANS
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