Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application which shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. If the applicant has not previously been issued a United States passport, the application shall be duly verified by his oath before a person authorized and empowered by the Secretary of State to administer oaths. Each passport application made available to potential applicants (DS–11) and each passport renewal application made available to current passport holders (DS–82) shall include a form that, if completed, indicates the applicant’s consent to the disclosure of information otherwise protected under section 552a of title 5 (commonly known as the “Privacy Act of 1974”) in the event such applicant is determined to be wrongfully detained by a foreign government. Declining to complete such form shall not affect the issuance of a passport to a qualified applicant or diplomatic efforts to secure the release of a United States national from the custody of a foreign government or entity.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1957–2021 · leading case:
Kent v. Dulles
Kent v. Dulles (1958)
scotus · cites it 2×
“227 , 22 U. S. C. § 213 . In the context of that background, the Secretary asked for, and petitioners refused to file, affidavits stating whether they then were or ever had been members of the Communist Party.”
United States v. Alison Gu (2021)
ca2 · cites it 3×
“2 The process for obtaining a passport is provided at 22 U.S.C § 213: “Before 3 a passport is issued to any person by or under authority of the United States such 4 person shall subscribe to and submit a written application which shall contain a 5 true recital of each and every…”
Larche v. Hannah (1959)
lawd · cites it 2×
“Thereupon, the Secretary refused to further consider petitioners' application until such time as they filed the required affidavits.”
Woodward v. Rogers (1972)
dcd
“While the legislative history of 22 U.S.C. § 213 provides little guidance as to meaning of the word “fact”, it can be assumed that Congress used the word in accordance with its generally accepted meaning.”
Walker v. Holder (2011)
cadc
“See 22 U.S.C. § 213 . Moreover, appellant has conceded that 42 U.”
Mayer v. Rusk (1963)
dcd
“The provisions of 22 U.S.C. § 213 state: “Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath * * * which said application shall contain a true recital of…”
In Re Candiotti (1990)
flsd
“, immigration officials can take “evidence” on an individual’s immigration status in this country. 8 U.S.C. § 1357 (b). The prosecutor makes the logical extension that this phrase would include passports.”
Sabra v. Pompeo (2020)
dcd
“” 22 U.S.C. § 213 ; see also 22 U.S.C. § 212 (“No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.”
Morris v. Pompeo (2020)
nvd
“” 22 U.S.C. § 213 . Each applicant “has the burden of establishing his or 3 her identity .”
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