The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic and consular officers of the United States, and by such other employees of the Department of State who are citizens of the United States as the Secretary of State may designate, and by the chief or other executive officer of the insular possessions of the United States, and through the use of Department of State electronic systems, under such rules as the President shall designate and prescribe for and on behalf of the United States, and no other entity shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travellers.
Notes of Decisions
Cited in
65
cases (
13 in the last 5 years), 1952–2026 · leading case:
Haig v. Agee, 453 U.S. 280 (1981).
Haig v. Agee, 453 U.S. 280 (1981).
· cites it 7× “For purposes of that motion, Agee conceded the Secretary's factual averments [11] and his claim that Agee's activities were causing or were likely to cause serious damage to the national security or foreign policy of the United States.”
Regan v. Wald, 468 U.S. 222 (1984).
· cites it 6× “[13] Respondents also claimed that the 1982 travel restrictions violated the 1978 Passport Act, 22 U. S. C. § 211a, which prohibits area restrictions on passports except in certain circumstances; that they exceeded the authority conferred by TWEA and by IEEPA; and that they…”
Zemel v. Rusk, 381 U.S. 1 (1965).
· cites it 6× “887 , 22 U. S. C. § 211a (1958 ed.), embodies a grant of authority to the Executive to refuse to validate the passports of United States citizens for travel to Cuba.”
Philip Agee v. Edmund S. Muskie, Sec'y of State, 629 F.2d 80 (D.C. Cir. 1980).
· cites it 9× “70 (b)(4), the Secretary of State relies on the Passport Act of 1926, 22 U.S.C. § 211a (1976), which at the time the regulation was adopted in 1968 provided that: The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in…”
Int'l Refugee Assistance Proj. v. Trump, 857 F.3d 554 (4th Cir. 2017).
· cites it 2× “at 123 (internal quotation marks omitted) (quoting 22 U.S.C. § 211a (1952)). Pursuant to that authority, the executive branch promulgated a regulation authorizing the Secretary of State to demand an affidavit from any passport applicant averring whether the applicant had ever…”
Bauer v. Acheson, 106 F. Supp. 445 (D.D.C. 1952).
· cites it 12× “It is the position of the defendant that the issuance and revocation of passports are entirely in the realm of foreign affairs, and as such within the absolute discretion of the executive branch of the government, under its inherent power and under 22 U.S.C.A. § 211a. In view of…”
United States v. Claudia Marquez Moreno, 727 F.3d 255 (3rd Cir. 2013).
· cites it 4× “2d at 333 (“Prior to the enactment of section 2705, only the Attorney General or a naturalization court could determine who is a citizen of the United States.”
Kent v. Dulles, 357 U.S. 116 (1958).
· cites it 3× “52 , 60-61, 22 U. S. C. § 211a, Congress put an end to those practices.”
Zivotofsky v. Sec'y of State, 571 F.3d 1227 (D.C. Cir. 2009).
· cites it 4× “Although Congress often has recognized the authority of the Executive to regulate the issuance of passports, this obviously does not confirm that the Executive retains exclusive control over all matters relating to passports.”
Zemel v. Rusk, 228 F. Supp. 65 (D. Conn. 1964).
· cites it 18× “887 , 22 U.S.C. § 211a and § 215 of the Immigration and Nationality Act of 1952, 66 Stat.”
Intl. Refugee Assistance v. Donald J. Trump, 883 F.3d 233 (4th Cir. 2018).
“1113 (internal quotation marks omitted) (quoting 22 U.S.C. § 211a (1952) ). Pursuant to that authority, the executive branch promulgated a regulation authorizing the Secretary of State to demand an affidavit from any passport applicant averring whether the applicant had ever…”
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