The Straight Dope

Go Back   Straight Dope Message Board > Main > General Questions

Reply
 
Thread Tools Display Modes
  #1  
Old 11-28-2003, 05:39 AM
CrazyFoo CrazyFoo is offline
Guest
 
Join Date: Sep 2003
Can a passport be revoked?

Hi!

Can the governement of (Canada / USA) revoke a passport from one of it's citizens?
If so, for what reason, and for how long?

Any historical examples?

Thanks
Reply With Quote
Advertisements  
  #2  
Old 11-28-2003, 05:55 AM
friedo friedo is online now
Charter Member
 
Join Date: May 2000
Location: Brooklyn
Posts: 20,773
You usually have to surrender your passport if you're charged with a serious crime, but I don't know if that counts as revokation.
Reply With Quote
  #3  
Old 11-28-2003, 06:17 AM
KenGr KenGr is offline
Guest
 
Join Date: Aug 2003
I quickly searched and found a few things:

"Federal regulations empower the State Department to revoke the passport of a national who is the subject of a Federal warrant of arrest for a felony."

http://www.acf.dhhs.gov/programs/cse...tion/ch10.html

It turns out there are all kinds of court cases over the right to revoke passports for all kinds of Federal actions against individuals. The key case seems to Haig vs. Agee (1981). (Alexander Haig and Philip Agee - formerly CIA).

"In a 7-to-2 decision, the Court held that Passport Act of 1926 and other congressional statutes implicitly granted the Secretary of State the power to revoke passports. The Court noted Congress's historical recognition of "Executive authority to withhold passports on the basis of substantial reasons of national security and foreign policy." The Court further held that because the regulations were limited to cases in which there was a likelihood of "serious damage" to foreign policy, Agee's claims concerning the First Amendment, the Fifth Amendment, and the right to travel were "without merit."
Reply With Quote
  #4  
Old 11-28-2003, 09:20 AM
KP KP is offline
Guest
 
Join Date: Sep 1999
Linus Pauling, who won Nobel Peace Prizes for Chemistry and Peace, was just one famous example of a prominent American whose passport was revoked for espousing political views that were not favored by the Administration (e.g. World Peace and the Nuclear Test Ban Treaty). This made all the major papers in the 1950s (I wasn't born yet, but read about it in Crick and Watson's "The Double Helix"

Quote:
Just one article of many
Pauling was awarded the Nobel Prize for Peace on October 10, 1963, the day the Nuclear Test Ban Treaty went into effect. The chairman of the Nobel Committee declared that without a petition like Pauling's, there surely would not have been such swift action for a ban on nuclear weapons testing -- and perhaps there would have been no treaty at all. Without the treaty, Pauling says, people all over the world would have suffered millions of birth defects and a significantly higher incidence of cancer.

...

Indeed, well before he was awarded a second Nobel Prize, Pauling's activism effectively cost him his job at Cal Tech. His funding from the National Institutes of Health was cut, along with that of forty other scientists. And when he tried to go to the United Kingdom to deliver a lecture on protons, the U.S. government denied his passport. Pauling recalls one of the explanations he received: "'Your anti-communist statements haven't been strong enough.'"

For two years the State Department would not issue him a passport.. In 1954, when he won the Nobel Prize for Chemistry, The New York Times brought the controversy to light, and he was finally allowed to travel again. America's lingering apprehension about Pauling's political alliances was made clear by Life magazine, which called his Peace Prize a "Weird Insult from Norway."
Reply With Quote
  #5  
Old 11-28-2003, 12:33 PM
CrazyFoo CrazyFoo is offline
Guest
 
Join Date: Sep 2003
Nice finds fellas,

thank you.
Reply With Quote
  #6  
Old 11-28-2003, 12:57 PM
Rube E. Tewesday Rube E. Tewesday is offline
Guest
 
Join Date: Oct 2000
And here is section 10 of applicable Canadian Regulation, [I]The Canadian Passport Order[I]:

10. The Passport Office may revoke the passport of a person on any ground on which it may refuse to issue a passport to that person if he were an applicant and may revoke the passport of a person who

(a) being outside Canada, stands charged in a foreign country or state with the commission of any offence that would constitute an indictable offence if committed in Canada;

(b) uses the passport to assist him in committing an indictable offence in Canada or any offence in a foreign country or state that would constitute an indictable offence if committed in Canada;

(c) permits another person to use the passport;

(d) has obtained the passport by means of false or misleading information; or

(e) has ceased to be a Canadian citizen.
Reply With Quote
  #7  
Old 11-28-2003, 04:05 PM
CrazyFoo CrazyFoo is offline
Guest
 
Join Date: Sep 2003
Those answers seam reasonable.
At least they can't revoke it if you owe a huge tax bill, and they are worried about someone getting happy feet.

Thailand here I come! LOL
Reply With Quote
  #8  
Old 11-28-2003, 07:01 PM
KP KP is offline
Guest
 
Join Date: Sep 1999
Actually, they can. You can only contest it afterwards. Pauling was not shy about suing. He sued at least two Secretaries of Defense and several newspapers. Unfortunately, he learned he had no grounds to sue the Department of State. (He would have liked to establish a precedent, because other scientists had had their passports revoked on flimsy bases during the anti-communist hysteria)
Reply With Quote
Reply



Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:49 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.

Send questions for Cecil Adams to: cecil@chicagoreader.com

Send comments about this website to: webmaster@straightdope.com

Terms of Use / Privacy Policy

Advertise on the Straight Dope!
(Your direct line to thousands of the smartest, hippest people on the planet, plus a few total dipsticks.)

Publishers - interested in subscribing to the Straight Dope?
Write to: sdsubscriptions@chicagoreader.com.

Copyright 2013 Sun-Times Media, LLC.