- Potential benefitEnhances national security tools by restricting international travel of individuals charged with or assessed to have ma…
- Potential benefitMay act as a deterrent against providing material support to terrorist organizations by attaching the concrete penalty…
- StatesCreates additional administrative work for the State Department (case review, hearings, revocations/limited-issuances a…
No Passports for Terrorists and Traffickers Act
Referred to the House Committee on Foreign Affairs.
This bill would add a new section to the Passport Act of 1926 authorizing the Secretary of State to refuse to issue or to revoke passports and passport cards for individuals charged with or convicted of providing material support for terrorism under 18 U.S.C. 2339A or 2339B, or whom the Secretary determines knowingly provided material support to a foreign terrorist organization designated under the Immigration and Nationality Act. The Secretary may limit a passport to return travel or issue a limited passport to facilitate return, and may grant passports in emergency or humanitarian circumstances.
Scope and standard for the Secretary’s administrative determination: liberals worry about overbreadth and civil liberties; conservatives emphasize decisiveness for national security.
Relative to its intended legislative type, this bill constitutes a substantive policy change that adds a statutory basis for denying or revoking passports for persons charged/convicted of certain material-support offenses or determined to have provided material support to designated foreign terrorist organizations.
This bill would add a new section to the Passport Act of 1926 authorizing the Secretary of State to refuse to issue or to revoke passports and passport cards for individuals charged with or convicted of providing material support for terrorism under 18 U.S.C. 2339A or 2339B, or whom the Secretary determines knowingly provided material support to a foreign terrorist organization designated under the Immigration and Nationality Act.
The Secretary may limit a passport to return travel or issue a limited passport to facilitate return, and may grant passports in emergency or humanitarian circumstances.
Individuals denied issuance or whose passport is revoked have 60 days to request a hearing; passports may be reissued if a person is acquitted or a Secretary’s determination is changed.
On content alone, the bill is a narrowly targeted security measure with administrative safeguards that enhance congressional appeal. Its modest fiscal impact and clear focus improve prospects. However, the delegation of power to the Secretary to revoke passports based on administrative determinations of material support (beyond conviction) raises due-process and First Amendment concerns that could attract legal challenges and slow Senate progress. Those legal and civil-liberties questions are the main dampener on its prospects.
Relative to its intended legislative type, this bill constitutes a substantive policy change that adds a statutory basis for denying or revoking passports for persons charged/convicted of certain material-support offenses or determined to have provided material support to designated foreign terrorist organizations. It provides concrete triggers, an appeal right, limited exceptions, a definition of material support, and reporting requirements, while leaving several procedural and resourcing details unspecified.
Scope and standard for the Secretary’s administrative determination: liberals worry about overbreadth and civil liberties; conservatives emphasize decisiveness for national security.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenRaises civil liberties and due process concerns because the Secretary has discretion to deny or revoke passports based…
- Federal agenciesCould increase litigation and administrative appeals (both against denials/revocations and over what evidentiary standa…
- FamiliesMay produce errors or wrongful revocations affecting lawful travelers (including U.S. citizens or dual nationals) if de…
Why the argument around this bill splits.
Scope and standard for the Secretary’s administrative determination: liberals worry about overbreadth and civil liberties; conservatives emphasize decisiveness for national security.
A mainstream liberal would likely acknowledge the national security intent to prevent support of designated terrorist groups but be cautious about broad administrative authority to deny or revoke passports without a criminal conviction.
They would be concerned about how the bill’s administrative determination standard could affect humanitarian workers, journalists, diaspora community members, or others operating in conflict zones where interactions with designated groups can be complex.
The right to a hearing is important, but liberals would focus on due process protections, transparency, and safeguards against discriminatory or overbroad application.
A centrist would weigh the bill’s contribution to national security against risks to civil liberties and administrative overreach.
They would generally favor a policy that prevents travel by people who materially support terrorist organizations, while seeking procedural safeguards to ensure fairness and minimize unintended harms.
The 60‑day hearing window and congressional reporting are constructive features, but centrists would want clarity about the hearing process and whether judicial review is available.
A mainstream conservative would likely view the bill favorably as a straightforward national security measure that prevents individuals who aid terrorist organizations from using U.S. passports to travel or otherwise assist hostile groups.
They would emphasize the need to curtail material support to designated foreign terrorist organizations and applaud giving the executive branch a clear administrative tool to do so.
Conservatives may still expect rigorous enforcement and timely reporting to Congress but are less likely to push for expansive additional procedural protections beyond what the bill provides.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
On content alone, the bill is a narrowly targeted security measure with administrative safeguards that enhance congressional appeal. Its modest fiscal impact and clear focus improve prospects. However, the delegation of power to the Secretary to revoke passports based on administrative determinations of material support (beyond conviction) raises due-process and First Amendment concerns that could attract legal challenges and slow Senate progress. Those legal and civil-liberties questions are the main dampener on its prospects.
- The standard of proof and evidentiary basis the Secretary must use when determining that an individual knowingly provided material support (the bill does not specify burden or procedural safeguards beyond a post-decision hearing).
- Whether the post-decision hearing timeline and process are considered constitutionally sufficient (the bill authorizes revocation and then a hearing rather than mandating pre-deprivation process), creating litigation risk.
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Scope and standard for the Secretary’s administrative determination: liberals worry about overbreadth and civil liberties; conservatives em…
On content alone, the bill is a narrowly targeted security measure with administrative safeguards that enhance congressional appeal. Its mo…
Relative to its intended legislative type, this bill constitutes a substantive policy change that adds a statutory basis for denying or revoking passports for persons charged/convicted of certain material-support offens…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.