[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3568 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3568
To amend the Immigration and Nationality Act to provide individuals
approved for naturalization with the right to complete the
naturalization process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2025
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide individuals
approved for naturalization with the right to complete the
naturalization process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naturalization and Oath Ceremony
Protection Act''.
SEC. 2. RIGHT TO COMPLETE NATURALIZATION AFTER APPROVAL.
(a) In General.--Chapter 2 of title III of the Immigration and
Nationality Act (8 U.S.C. 1421 et seq.) is amended by inserting after
section 337 the following:
``SEC. 337A. RIGHT TO PARTICIPATE IN NATURALIZATION CEREMONY.
``(a) Guaranteed Completion of Naturalization.--
``(1) In general.--Except as provided in paragraph (2), an
applicant whose application for naturalization has been
approved under section 335 shall have the right--
``(A) to appear at a scheduled naturalization
ceremony;
``(B) to take the oath of allegiance under section
337; and
``(C) to receive a certificate of naturalization.
``(2) Limited exception.--
``(A) In general.--An applicant may be barred from
participating in a naturalization ceremony only if,
after the approval of the application for
naturalization and before the administration of the
oath of allegiance, the Secretary of Homeland Security
determines, based on individualized and articulable
facts, that--
``(i) the applicant is statutorily
ineligible for naturalization under this Act;
or
``(ii) the approval was procured by fraud
or willful misrepresentation of a material
fact.
``(B) Procedural protections.--In the case of a
determination under subparagraph (A), the Secretary of
Homeland Security shall--
``(i) provide written notice to the
applicant stating the specific factual and
legal basis for the determination;
``(ii) except in exigent circumstances,
ensure service of such notice to the applicant
not later than 10 days before the date on which
the naturalization ceremony concerned is
scheduled;
``(iii) provide an opportunity for the
applicant to submit a written response; and
``(iv) ensure that the determination is
subject to supervisory approval by an officer
not involved in the original adjudication of
the application for naturalization.
``(b) Prohibited Bases for Exclusion From Ceremony.--An applicant
for naturalization shall not be delayed, excluded, or removed from a
naturalization ceremony on the basis of--
``(1) nationality, country of origin, or place of birth;
``(2) inclusion in a categorical review, pause, or
heightened-risk designation that is not based on individualized
adjudication; or
``(3) the initiation or existence of a generalized policy,
directive, or internal guidance that is not related to the
individual eligibility of the applicant.
``(c) Emergency Exception.--In extraordinary circumstances
involving a specific and credible threat to national security posed by
an individual applicant for naturalization, the Secretary of Homeland
Security may postpone administration of the oath of allegiance for not
more than 30 days, if written notice and individualized findings are
issued to the applicant not later than 72 hours before the scheduled
naturalization ceremony.
``(d) Judicial Review.--A denial or postponement of a
naturalization ceremony under this section shall constitute a final
agency action subject to judicial review under section 310(c) of this
Act and chapter 7 of title 5, United States Code.
``(e) Enforcement and Remedies.--
``(1) Mandamus authority.--Failure to administer the oath
of allegiance to an approved applicant in violation of this
section shall be considered an unlawful withholding of agency
action.
``(2) Attorneys' fees.--A prevailing applicant in an action
to enforce rights under this section shall be eligible for
reasonable attorneys' fees and costs.
``(3) Prompt rescheduling of naturalization ceremony.--In
the case of an applicant for naturalization who prevails in an
action to enforce his or her rights under this section, the
Secretary of Homeland Security shall schedule a new
naturalization ceremony for the applicant, which shall occur as
soon as practicable but not later than 10 days after the date
on which the court issues an order in such action.
``(f) Rulemaking and Nondelegation.--
``(1) Prohibition on secret or informal policies.--The
Secretary of Homeland Security may not implement any policy,
guidance, or directive affecting participation in
naturalization ceremonies unless such policy, guidance, or
directive is--
``(A) published in the Federal Register; and
``(B) consistent with this section.
``(2) No waiver.--The rights established by this section
may not be waived by regulation, internal memorandum, or
Executive directive.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 337 the following:
``Sec. 337A. Right to participate in naturalization ceremony.''.
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