Naturalization and Oath Ceremony Protection

Summary#

This bill adds a new right for people whose applications for U.S. citizenship (naturalization) have been approved. It says approved applicants have the right to attend their scheduled naturalization ceremony, take the oath of allegiance, and receive a certificate of naturalization. An applicant may be stopped from participating only if the Secretary of Homeland Security finds, based on specific facts, that the person is legally ineligible or that the approval was obtained by fraud or willful misrepresentation. If that happens, the bill requires written notice, a chance to submit a written response, supervisory review, and (except in emergencies) notice at least 10 days before the ceremony.

The bill bars delaying or excluding applicants from ceremonies for reasons tied to nationality, country of origin, place of birth, or any categorical or secret internal policy that is not based on an individualized review. In a narrow emergency involving a specific credible national security threat, the Secretary may postpone the oath up to 30 days but must give written individualized findings at least 72 hours before the ceremony.

A denial or postponement is treated as final agency action and can be reviewed in court. The bill allows courts to order the oath, treats a refusal to administer the oath as an unlawful withholding of agency action subject to mandamus, makes prevailing applicants eligible for reasonable attorneys' fees and costs, and requires that if a court orders relief the agency must reschedule a ceremony within 10 days. The bill also requires that any policy affecting ceremonies be published in the Federal Register and says the rights in this section cannot be waived by internal guidance or regulations.

What it means for you#

• If your naturalization application is approved, this bill would let you go to the scheduled ceremony, take the oath, and get your certificate unless an individualized finding shows you are ineligible or committed fraud.
• If an agency wants to bar you, you must get written notice with the facts and law, usually at least 10 days before the ceremony, and you can submit a written response.
• In a serious, specific national security case, your oath could be delayed up to 30 days with written findings given at least 72 hours before the ceremony.
• If you are denied or postponed, you can seek judicial review in court. If you win, the agency must reschedule your ceremony quickly and you may recover attorneys' fees and costs.
• Agencies must publish any ceremony-related policies in the Federal Register and may not rely on secret or informal directives.

Expenses#

No publicly available information.

Proponents' View#

The bill’s text shows its purpose: to ensure people approved for naturalization can complete the citizenship process, to stop secret or categorical exclusions, to require individualized factual findings before barring someone, to provide notice and a chance to respond, to allow court review, and to require published policies.

Opponents' View#

No publicly available information.