Seeking Confirmation of Citizenship in Passport Cases
This chart shows the narrow application of relevant potential remedies following denial
or revocation of U.S. passports, as applied in cases reviewed by the Justice Initiative.
Some of the interpretations depicted are currently being challenged in litigation.
Inside the U.S.
Outside the U.S.
8 U.S.C. § 1503(a):
Declaratory Judgment
of Citizenship
8 U.S.C. § 1503(b):
Request Certificate
of ID at consulate
• Does not apply to
those in removal
proceedings
• Does not adress
pattern or practice
behavior in the agency
• De novo review places
burden on the
petitioner to prove
citizenship rather
than challenging the
agency action
Issued
Not Issued
8 U.S.C. § 1503(c):
Seek admission
into the U.S. at
Port of Entry
Appeal to
Secretary of
State
Issued
Admited
Denied
File
Habeas
• Must physically
be “in custody”
138
Not Issued
APA
• Does not address
citizenship question
• Highly deferential
UNMAKING AMERICANS
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