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This will probably not survive review. The Department of State has always reserved the right to revoke/deny passports for all sorts of reasons that are not sub
by shawn-butler 12y ago
This will probably not survive review.
The Department of State has always reserved the right to revoke/deny passports for all sorts of reasons that are not subject to administrative review.
Don't pay your taxes, no passport. Don't pay your child support, no passport. There have even been cases where passports have been revoked for people who have been remanded to mental institutions. Having had your passport revoked in the past is enough grounds to deny you getting one in the future all of which has passed muster at Supreme Court given State Dept acts with seeming explicit Congressional approval. [0]
You can in principle negotiate with the destination country for a visa and fly non-commercially. Can Google "Gilbert Chagoury" for example. He is wealthy patron of Bill Clinton from Nigeria who has been on No-Fly status for years but still jets around the US and internationally I believe on an UK passport on small planes.
Not saying it is just but that will probably be the legal basis.
This opinion is only a finding of due process. That DHS TRIP is not adequate. DHS will simply remedy that if it comes to it with some just as difficult process as it is getting a passport unrevoked by the State Dept (which is nearly impossible without political favor).
[0]: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=453&invol=280 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vo...
- smsm42 12y agoWhat no-fly list has to do with passports? There are many people routinely flying in the US who don't have and never had US passports. E.g. all tourists, resident aliens, etc.
- dandelany 12y agoWe're not talking about passports, we're talking about air travel. As it stands today (correct me if I'm wrong), a US citizen could be on the no-fly list and be denied the right to board a flight from New York to California. Passports don't even enter into it in this case.