reentry of US without passport

Posted By: bruce weathers
Date: 7/30/09 4:15p.m.

Report: outside forum guidelines

In Response To: Passports, in general (pic) (Jim Hart)

someone on San Carlos board supposedly talked to CBP people at the border, and they said that if you have the receipt & documentation from passport appln, plus the old birth certif + DL, they will let you in even if you don't have the passport yet (as for example, if you didn't pay the expedited processing fee and are thus still waiting). as a legal matter, if they have determined that you are in fact who you claim to be and that you are in fact a US citizen, they CANNOT refuse you reentry: from Perez v. US, 502 F.supp. 301, 311 (N.D.N.Y. 2006) "United States citizenship entails the privilege to reenter and remain in the country and the immunity from conviction for engaging in such activities. See Acosta v. Gaffney, 413 F.Supp. 827, 832 (D.N.J.1976) (“No act of any branch of government may deny to any citizen the full scope of privileges and immunities inherent in United States citizenship. Central to all of those rights, of course, is the right to remain.”); Lopez v. Franklin, 427 F.Supp. 345, 349 (E.D.Mich.1977) (“He faces no quotas or entry restrictions because he is not an alien but a native-born citizen of the United States.”). To deny a United States citizen the privilege to reenter and remain in the United States, and the immunity from being convicted for doing so, would be “repugnant to the Constitution.” Acosta, 413 F.Supp. at 832. It is a constitutional violation to imprison a United States citizen for reentering the United States." from Lopez v. Franklin, 427 F. Supp. 345, 349 (D. Mich. 1977): "[a US citizen child] is perfectly free to return to the United States whenever he has the desire and the means (either independently or through others) to do so. He faces no quotas or entry restrictions because he is not an alien but a native-born citizen of the United States." since this right is derived from the US constitution, there is no statute, admin agency reg from the CFR, or CBP policy that can trump it. they won't like you bringing this up, and i wouldn't mention it until they've admitted that you are in fact who you claim to be and do appear to be a USC, but there it is.