[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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