The Department of State may still issue limited validity passport for direct return to the United States or for emergency or humanitarian circumstances even when the passport applicant is certified by the Treasury Department as having seriously delinquent tax debt. [ID #661]
April 1, 2017
As part of a 2016 final rule that implemented the Fixing America’s Surface Transportation Act (FAST Act) (22 U.S.C. § 2714a), the rulemaking incorporated statutory passport denial and revocation requirements for certain individuals who have been certified by Treasury as having seriously delinquent tax debts or who submit passport applications without correct and valid Social Security numbers. The 2016 Final Rule, codified at 22 C.F.R. § 51.60(a)(3), provided that such delinquent individuals may not be issued a passport, except for direct return to the U.S. This proved to be too narrow an implementation of the law, since 22 U.S.C. § 2714a(e)(1)(B) provides that not only may the Department of State issue a certified individual a passport valid for direct return to the U.S., but it also has discretion to issue passports for emergency circumstances or humanitarian reasons. Accordingly, the new rule was implemented to account for such exigent circumstances.
22 CFR § 51.60 - Denial and restriction of passports (2017 version)
Register if you don't have a user name and password.
Reflects degree to which the Trump-era policy remains in effect today.
Trump-era policies that have not been altered or eliminated.
Policies that have not been fully eliminated but are not in effect in their original substance. They may have been amended, updated with changes, or eliminated or enjoined in some jurisdictions or with respect to some affected parties but not others.
Policies that have expired or been fully rescinded, replaced, enjoined, etc., or that were proposed but never were finalized.
Indicates the entity that caused the action reflected in Type of Action. "Others" may include the Trump administration, Congress, unions, etc.--i.e., any actor other than the courts or the Biden Administration.
Indicates the process or action by which a policy ceased to be in effect or became partially in effect. If no such action or process has take place, or if the policy has been ratified, it is fully in effect.