§1503 Denial of Rights and Privileges as National

Summary

Lets a person inside the United States who says they are a U.S. national but was told they are not sue the head of the agency that denied them. The lawsuit uses 28 U.S.C. §2201. You cannot bring this suit if the national status issue comes from, or is being decided in, a deportation/removal case. The suit must be filed within five years after the final administrative denial, and it goes in the federal district court for the district where the person lives or claims to live. Lets a person outside the United States apply at a U.S. embassy or consulate for a certificate of identity to travel to a U.S. port of entry and try to be admitted. The consular officer must be satisfied the request is made in good faith and has a real basis before issuing the certificate. Denials can be appealed to the Secretary of State, who must give written reasons if he upholds a denial and set rules for the certificates. This certificate option is only for people who were physically in the U.S. before applying, or for someone under sixteen born abroad to a U.S. citizen parent. With a certificate, the person can seek admission but will face the usual immigration proceedings; a final decision by the Attorney General that the person cannot enter can only be reviewed by habeas corpus, and a person finally denied admission is treated under the immigration rules as an arriving alien.