Challenging U.S. Passport and N-600 Denials under 8 U.S.C. § 1503

8 U.S.C. § 1503 provides pathways for individuals who were denied a right or privilege of nationality to challenge such denials in federal district court and obtain a declaratory judgment that they are indeed a citizen or national of the United States—by birth, naturalization, or derivative citizenship. These claims generally arise in the context of a passport denial or revocation, or a revocation or denial of a request for a certificate of citizenship (N-600).

This practice advisory discusses the requirements to bring an action under 8 U.S.C. § 1503(a) for individuals who are within the United States and reviews the limitations on Section 1503(a) actions, in particular for those who are currently in removal proceedings or where the issue of nationality or citizenship arose in or in connection with removal proceedings, unless removal proceedings are terminated. The practice advisory also explains the complications faced by individuals outside the United States who have been denied a right or privilege on the basis that they are not a U.S. citizen. Finally, this resource highlights when individuals outside the United States may want to instead pursue an action under the Administrative Procedure Act (APA).