B.3(b). Passport and Return

The Government cannot deny a Citizen a passport or the Right to return to the United States, except under a lawful extradition process.

All extraditions must meet the following requirements:

  • A valid treaty in force at the time of the alleged offense;

  • A formal written request from the foreign Government;

  • Probable cause evidence acceptable under United States law;

  • Judicial review of the evidence, treaty language, and written request; and

  • Final approval and certification by the Secretary of State.

No Citizen can be deported for any reason, except as constitutionally allowed for extradition. A Citizen has the Right to leave or return to the United States.

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