Posted: 1:01 am EDT
The Asian Americans Advancing Justice-Asian Law Caucus and Creating Law Enforcement Accountability & Responsibility (CLEAR) Project of CUNY School of Law have submitted Stranded Abroad: Americans Stripped of Their Passports in Yemen to the State Department Office of Inspector General requesting that the OIG investigate the State Department and U.S. Embassy Yemen “for confiscating and revoking U.S. passports contrary to regulations, policies, and guidelines.”
The groups alleged confiscation and revocation without notice, failure to provide direct return passports upon confiscation, collateral attacks on citizenship/proxy denaturalization, coercive interrogations and inadequate investigations prior to passport revocation. The complaint named seven officials who were then assigned to the US Embassy Yemen and at the State Department who the groups say are aware of the pattern of revocation and “likely to have information that can assist the OIG’s investigation.” The complaint says that the “inclusion of their names in this report is not intended to imply that they have engaged in any wrongdoing.” (see appendices)
The letter (PDF) addressed to IG Steve Linick was sent by civil rights and civil liberties groups that include the American Arab Anti-Discrimination Committee, American Civil Liberties Union, Arab American Institute, Arab Resource & Organizing Center, Asian Americans Advancing Justice, Center for Constitutional Rights, Council on American-Islamic Relations, Creating Law Enforcement Accountability and Responsibility at CUNY Law School, Muslim Advocates, and the Northwest Immigrant Rights Project.
Read the 44-page complaint below:
A related note, we must have missed this one, Al Jazeera did a piece on this back in January 2014 (See Yemeni-Americans cry foul over passport revocations). Below is an excerpt from that piece with an unnamed State Department official:
State Department official familiar with the issue — and who spoke on condition of anonymity — told Al Jazeera that a majority of the passport revocations in Sana’a follow a similar pattern. “Virtually all of the statements say that the individual naturalized under a false identity,” he said. “They appear to be involuntary.”
According to the official, an internal investigation determined that the statements those revocations were based on were obtained under “confrontational” circumstances, with individuals alone in an interview room with an investigative officer and an interpreter who, the official said, treated their subjects “aggressively.”
“We’re talking about an inherently coercive and intimidating environment, without any independent supervision of the interrogator and his translator,” said the official.
A sample of the alleged involuntary statement is included in the complaint (see Appendix B). If the voluntary statements in these revocation cases are anything like those exhibited in Mosed Shaye Omar v. John Kerry, et.al. this would be a great mess.
Back in November, following the federal court decision in Omar v. Kerry ordering the State Department to return the passport improperly revoked by the State Department, we asked State/OIG about this trend and we were told that the OIG does not have “anything on this issue on which it can comment.” It was suggested that we check with Consular Affairs. And of course, we have previously asked the bureau about this, but we do not really expect them to address this in terms of oversight.
The court documents in the Omar case suggest that Consular Affairs is revoking U.S. passports contrary to the rules in the Foreign Affairs Manual. But this is not the only case. If all similar cases have the same threshold as the Omar case, it is deeply troubling not only because the revocation appears not to follow State Department’s written guidance, State also never seek to denaturalized the plaintiff. Which basically leaves the plaintiff still a citizen of this country but unable to travel anywhere.
We have been troubled by this practice but particularly by the allegations of coercion. We have had a difficult time understanding why Yemeni-Americans would incriminate themselves voluntarily and admit to something that obviously is detrimental not only to their welfare but also their future. That defies human nature.
And no, we don’t believe that Consular Affairs is the right entity to review its own practices when it comes to these allegations. We’re hoping that State/OIG will look into this as part of its oversight responsibility of the State Department.
- Why Are Court Cases Related to US Passports and Immigrant Visas in Yemen and Pakistan Sealed? (Nov 19, 2015)
- Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport (Oct 14, 2015)
- US Embassy Yemen: Revocation of U.S. Passports, a Growing Trend?) Jan 13, 2014
- Stranded in Yemen: Americans left to find own way out, but exactly how many more AmCits are left there? (Apr 21, 2015)
- New Travel Warning for Yemen — Don’t Come; If In Country, Leave! But Some Can’t Leave (Jul 25, 2014)
- IOM Seeks $10M Initial Funds For Humanitarian Evacuation of 11,000+ Fm Yemen, And Wassup With the F-77? (Apr 7, 2015)
- For U.S. Citizens in Yemen, a New Website and a New Hashtag Shows Up: #StuckInYemen (Apr 6, 2015)
- State Dept Suspends US Embassy Yemen Operations, Relocates Staff Until Further Notice (Feb 11, 2015)
- U.S. Embassy Yemen Now on Evacuation … No, on Temporary Reduction of Staff Status (Sept 25, 2014)
- Citizenship, Passports, and the Legal Identity of Americans: Edward Snowden and Others Have a Case in the Courts (Yale Law Journal – 23 APR 2014)
- Citizens, Denaturalization, and Assassination (Dissent, Summer 2013)