Amend legislation to require a heightened burden of proof on the government to prove
non-citizenship where it seeks to deny or revoke a U.S. passport.
Amend 8 U.S.C. § 1503 to clarify that it provides optional remedies that do not preempt judicial
review under the Administrative Procedures Act (APA).
Oversight. Use Congressional oversight powers over the U.S. Department of State:
• To ensure that the Department is providing notice of the intention to revoke or refuse to
renew a passport and a meaningful opportunity to refute evidence provided to support
denial or revocation.
• To prevent the Department from delaying passport renewals when an unexpired passport
is presented.
To the U.S. Department of Homeland Security
In cooperation with the Department of Justice, establish a public prioritization policy for
investigations potentially leading to denaturalization.
In cooperation with the Department of Justice, conduct individual impact assessments and
develop individual post-denaturalization plans, identifying factors that would preclude
prosecution, such as the creation of statelessness.
To the U.S. Department of Justice
Provide clear and limiting guidance to U.S. Attorney’s Offices on appropriate cases for
denaturalization.
In passport denial or revocation cases affecting U.S. border communities, require that assigned
counsel defending the government be familiar with local cultures, history, and context.
To the U.S. Department of State
Ensure that denial, revocation, or confiscation of passports does not amount to extrajudicial
denaturalization, leaving U.S. citizens stranded abroad.
Implement the recommendations of the Office of the Inspector General in its October 2018
report on denial and revocation of passports, in particular:
• Issue guidance on the procedures required to revoke and confiscate passports.
• Electronically track and manage passport revocations, retentions, and confiscations.
• Require appropriate legal oversight and review of passport-related determinations within
the Department.
16
UNMAKING AMERICANS
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